• Journal of the Korea Society of Computer and Information
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• v.26 no.10
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• pp.147-155
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• 2021

If one wants to file a lawsuit against the administrative office, he or she should decide whether to file a civil lawsuit or an administrative lawsuit. The type of lawsuit must be determined to determine which court to file the lawsuit with. Korea seems to have a clear distinction between administrative and judicial legal relationships, but it is not easy to distinguish between public and judicial cases unless the public and judicial discrimination are maintained. The practice or precedent of litigation is always difficult to distinguish because the litigation is based on the discrimination of whether the litigation belongs to a legal relationship in public law or judicial law. I believe that if the administrative litigation law establishes a provision related to the designation of a duty and stipulates that "if a litigation case is questioned whether it is an administrative or civil lawsuit, the Supreme Court-related court shall designate the competent court at the request of the parties," the lower court will be guaranteed the right to swift a trial, and the legal representatives will be freed from the exhaustive agony.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2016.05a
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• pp.263-264
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• 2016

Since 2000s in Korea, apartment building tended to become goods or assets rather than houses. Therefore, conflicts between supplier and consumer were aggravated, and the defect dispute has been increased rapidly. This dispute enlarges to defect lawsuit and it is social and economical matter. The landscape work in apartment building is main work for a resident that appearance and convenient facility which lawn, tree, fountain, chair, playground, and etc. A number of defects surround landscape work are important issue in defect lawsuit, but, a related research is a minority, and a regulation is incomplete. Therefore, this study is basic study for standard of landscape defect type. As case study on defect lawsuit, draw a landscape defect type in apartment building.

• KIEAE Journal
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• v.7 no.6
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• pp.127-132
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• 2007

Recently, the cases of lawsuit are growing on residential defects. Though, mostly residential construction companies are trying to mitigate resident's dissatisfaction due to keep the company's brand image by operating customer service team, some representatives of apartment buildings initiate litigations without any negotiation with countrepartner companys incited by planned suit lawyers. But lawsuit takes longtime to sentence(about more than one year), and judged amount of money are very few (averaging about 14%) compared with asserted amount of it. To suggest the improving alternatives, the types and problems of defect lawsuit on apartment complex are analyzed.

• Journal of Korean Society of Archives and Records Management
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• v.13 no.3
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• pp.7-39
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• 2013

Some records have to be classified not according to their business function but according to their case because of the characteristics of the organization's business. Examples of this are case files, criminal files, lawsuit files, personal files, medical files, and project files. The case files are made according to standard business processes. Case files are filled with records of a series of activities and these records, which are made while carrying out various functions, reenact the multilevel process of a case. This study organized the implications of managing case files by examining the composition of lawsuit records and deducting characteristics in management. To do this, first, this study analyzed the composition of the lawsuit records that Korea Legal Aid Corporation produced and managed. Second, this study confirmed how the characteristics of case files are reflected in the lawsuit records of Korea Legal Aid Corporation. Third and lastly, this study searched how the lawsuit files are managed and used through the example of Korea Legal Aid Corporation.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.91-116
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• 2010

As Complex Regional Pain Syndrome (CRPS) is a new and rare illness, medical cause for it has not yet been clearly found out. Nevertheless, the patients continue to file lawsuits for damage compensation against wrongdoers or their insurers, claiming that the cause of the illness is certain actions of the wrongdoers. Moreover, the claim amount reaches to hundreds of millions of won through billions of won unlike other illnesses. Therefore, CRPS has become an important legal issue in the damage compensation lawsuit. Even though the wound is slight, the development and result may be serious in the case of CRPS. As a result, a sharp conflict arises even regarding medical diagnosis of CRPS in the lawsuit. And, even if the medical diagnosis of CRPS is admitted, severe debates occurs with regard to many issues, which include the causation between accident and CRPS in connection with establishment of damage compensation liability and scope of liability like anamnesis, determination standard of aftereffect disability, and scope of admitted aftereffect medical expense in connection with scope of damage compensation. In this study, I will review fundamental medical research on CRPS up to now and discuss principal legal issues in the damage compensation lawsuit focusing on lower court rulings.

• The Journal of Sustainable Design and Educational Environment Research
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• v.16 no.2
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• pp.1-9
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• 2017

Defect dispute in apartment building has become a debating social issue. The system of defect lawsuit and the conciliation process are applicable to solve defect problems in South Korea. Among various defects, painting work defect is a critical issue because it requires large area works and entails a lot of cost. Accordingly, disputes on work procedure and cost calculation are argued oftenly between residents and housing providers. This study reviewed detailed main issues of painting work and propose relevant systems and standards. In this analysis, the main issues are categorized into pre-works, main work, and others. The most recent cases are compared and analyzed for each issue. After the analysis, following conclusions are obtained, (1) In defect lawsuit system, even though surface treatment work in pre-work step is part of main work, it has been separated and regarded as a separate work. (2) Although the main painting work are not significantly different from two systems, it is still necessary to achieve a consensus to close the gap in the methodology of painting area calculation and determining whole painting or partial painting. (3) In addition, unlike the profit rate of general construction works, that of painting work remained the maximum rate and additional charge rate for works carried out in higher place are different among cases. Therefore, it is determined that establishing consistent standards is urgent.

• Journal of Digital Convergence
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• v.12 no.1
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• pp.81-88
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• 2014

The patent right is that creators are received the right of monopoly for supporting their creation work perseveringly but sometimes it causes infringement of freedom of creation. In this study, we examine the patent of music game in arcade game field and also examine Konami's, which is a main producer in this field, institutes many lawsuits repeatedly. It brought on diversion of rivals and depression of game market. We examine the abuse of music game patent through the case of Konami. We examine the negative influence through all music game market that creativity blocked by repetitive patent lawsuit institutes from little change of operation device and music game hardware even though it is reasonable for guarantee of new technology patent in game field which is a idea industry. We examine the lawsuit cases of abuse of music game patent in Korea, China and Japan and we analyze market change through the cases. We recommend policy for this industry development.

• Journal of the Korea Institute of Building Construction
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• v.20 no.6
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• pp.567-576
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• 2020

This study proposes additional items to be recognized as defects in a defect lawsuit through a case analysis of lawsuit cases in apartment housing. Identifying these defects prevents an unexpected increase in litigation costs, delays in the date of litigation, and emotion repercussions or additional lawsuits. In this study, the defects that were not discovered by the existing occupants and construction companies, but were newly discovered in litigation, were defined as defects in lawsuits. Fifteen cases of lawsuits were analyzed and a total of 77 defects were derived. Each item was then reviewed for location, work type, number of occurrences, and cost. The results were yielded 23 defect items, which were validated by appraisers who directly appraised the cases. In addition, the derived defect factors were analyzed. Finally, the 23 defect items were categorized into 10 main factors which include attributes such as causes of occurrence and characteristics. This can provide an overall area of defects to be considered in addition to existing defect items in the life cycle of the housing. The results of this study can contribute to reducing the actual occurrence of defects and minimizing the disputes in the case of defect lawsuits.

• 한국디지털정책학회:학술대회논문집
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• 2006.06a
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• pp.39-44
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• 2006

The purport of this paper is to deduce political implication and significance of the proposed redress scheme of 'Consumer Collective Lawsuit (hereinunder "CCL")' under way to be introduced by the Korean government via various assessments per each phase of policy implementation process. To this end, the paper classifies the subject policy (referring to CCL) implementation process into 4 phases: policy origination, policy enactment, policy advertisement, and policy execution. Based on the said classification, assessments per each phase together with pros and cons analysis have been conducted. Through the aforementioned analysis, the paper concludes the following political implication and significance of CCL under way of introduction: - 1. In the case of policy origination led by external parties, a social consensus by and from involved parties with various interests is the most critical; 2. Prior feasibility and/or suitability study is also crucial in the policy implementation procedure; 3. To mitigate inter-ministerial conflicts that might arise from the due policy making procedure, democratization of conflict settlement mechanism, and institutionalization of participation in and disclosure of policy making process are cal led upon; and 4. Prior planning wi th respect to the public relation and advertisements of the subject policy on the table poses substantial significance.

• Journal of the Korean Society of Radiology
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• v.10 no.8
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• pp.583-590
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• 2016

The subjects in this study are the residents of Busan, analyzing the perception gap between the residents adjacent to the nuclear plant and living in town, about the lawsuit of thyroid cancer damage nearby the nuclear plant, to distinguish the citizen's acceptance level about the nuclear power. 551 people(269 people adjacent to nuclear plant, 282 people in town) were face-to-face surveyed and the result showed that people's perceptions of the nuclear power has changed after the thyroid cancer damage lawsuit. In the case of the residents adjacent to the nuclear plant, it became clear that the negative perception of nuclear power became stronger due to increasing distrust and anxiety about nuclear power after the lawsuit of thyroid cancer damage nearby the nuclear plant. On the other hand, people living in town showed their positive perceptions of nuclear power despite the thyroid cancer damage lawsuit. However, two-sided perception was shown compared to the acceptance of nuclear power, since the safety and reliability of the nuclear power was analyzed as negative perception. Therefore, for the constant increased use of nuclear power in the future, national understanding and credibility, including the communication with the nation or the residents in the neighboring area of nuclear power plant, will be necessary.