• 한국기록관리학회지
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• 제16권4호
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• pp.7-30
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• 2016

국내외에서 특허나 제조물책임과 관련하여 그 어느 때보다 각종 소송에 노출되어 있는 기업들은 전자증거개시에 효과적으로 대처할 준비를 해야 한다. 이 연구는 기업 소송 사례를 통해 증거개시 과정에서 드러난 위험성을 기록정보관리 측면에서 분석하고, 이를 토대로 기업의 기록정보관리 방향을 제안하기 위한 것이다. 판례조사를 통해 삼성전자, 코오롱 등 국내 기업들이 전자증거개시 과정에서 '방어가능한 처분'에 실패한 요인을 분석하였고, 이러한 요인을 고려하여 소유 점유 관리하고 있는 전자정보의 파악과 통제, 신의성실에 입각한 처분중지 보장, 합리적 기록보유정책의 수립과 이행이라는 세 영역별로 정책방향을 제시하였다.

• 수산해양교육연구
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• 제21권2호
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• pp.306-324
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• 2009

The purpose of this study is to analyze green growth issues such as employment, education and training, social capital and nature's standing right from the complementary perspective between natural environment conservation and economic growth. Green growth can be defined as a growth which lowers an increasing rate of entropy and at the same time improves our living standard. Green growth paradigm requires a quite amount of understanding the laws of thermodynamics and the uncertainty principle as the highest orders which regulate our overall socio-economic behaviors. They suggest that socio-economic growth is a mere transformation process of natural energy from one form to another and they increases natural manmade entropy over time. The most important issue of green growth policy may be a problem concerning employment and/or unemployment since green growth may induce inevitable movement of resources from the existing industries to the green sector. In particular, green industries will demand more highly specialized manpower than the existing ones. Without a well-designed new training education system and social capital accumulation toward environmental concerns, green growth may accompany a substantial amount of structural involuntary frictional unemployment. This may increase not only wealth-distribution disparity but also political instability. In order to achieve harmonious green growth, we should recognize that there are important complementary relationships between green and growth. Our society should also be able to innovate the existing educational system to accumulate social capital, to create a new sharing system, and to admit nature's standing right. Although the 2003 lawsuit case of Korean Salamander in Cheonseong Mountain went against plaintiff, it would provide apparently our society with a way of green development ahead.

• 한국중재학회지:중재연구
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• 제26권4호
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• pp.83-109
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• 2016

Recently, China has brought many political, economical, and ideological changes in order to complete the "socialistic market economy." In terms of legal system, they make much effort to seek compatibility and stability of law and order. China recognizes that the breakdown of corruption, which is rampant in society, is an essential short-cut for national development. To realize anti-corruption reformation, it strengthens the supervision of relatives and close officials of high-ranking government officials. Recently, China has suffered from expanded trade disputes internationally and has also experienced severe management-labor conflicts domestically due to economic recession. From 2012 onward, civil lawsuit and other litigations have increased sharply. Also, they face severe conflicts in the land system. It is expected that many disputes arise due to speculation on rural housing. Meanwhile, Mongolia expands the size of trade with Korea in mutual cooperation since their diplomatic relation in 1990 by entering more than 20 treaties and agreements. As Mongolia has rich natural resources and Korea is equipped with advanced science and technology, the two countries have opportunities to develop mutually beneficial cooperative relations. Recently, the arbitration system has attracted attention instead of litigation as a means of dispute settlement in line with the expansion of trade between Korea and Mongolia. This study would be helpful to figure out desirable methods for dispute settlements in case of trade disputes among Korean companies that would advance into China and Mongolia.

• Journal of Acupuncture Research
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• 제28권5호
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• pp.19-27
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• 2011

Objectives : The purpose of this study is to describe the concept of the acupuncture and moxibustion in traditional Korean medical practice and to identify the meaning and potential rearrangement of the acupuncture and moxibustion. Methods : The study was performed by analyzing 136 cases of lawsuit in the year between 1968 and 2010 which were selected among the acupuncture and moxibustion in traditional Korean medical practice. Results : According to court rulings, the acupuncture and moxibustion in traditional Korean medical practice is an act to diagnose a person's illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care in traditional Korean medicine, to have some factor to create or increase danger to preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge. But, such definition is not proper and exceedingly vague. Besides medical circumstances in traditional Korean medicine are changing, the enlargement of definition of the acupuncture and moxibustion is required. Conclusions : The meaning and scope of the acupuncture and moxibustion in traditional Korean medical practice should be modified and amended, reflecting these conditions.

• 한국중재학회지:중재연구
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• 제21권1호
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• pp.33-56
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• 2011

Korea Supreme Court has cancelled four cases of thirty-nine Arbitral awards made by Korean Commercial Arbitration Board since Korea arbitration act was enacted in 1966. Three cases of them were cancelled by the reason of the arbitrator's disqualification in relation to impartiality or independence and the other to arbitration agreement enable to select the lawsuit or arbitration. When a person is approached in connection with his possible appointment as an arbitrator or has already been appointed as such, he shall without delay disclose all circumstances likely to give rise to justifiable doubts as to his impartiality or independence according to the one of the article 13 of Korean Arbitration Act. Upon being notified of the appointment as an arbitrator, each arbitrator shall immediately disclose in writing to the Secretariat any circumstances which might cause reasonable doubt about impartiality or independence. An arbitration agreement shall be made clearly and in writing not to appeal to the court or to be brought in the court. However most of the korean construction contracts have the arbitration agreement clause enable to appeal to the court or the arbitration on government official's advice. Many of these disputes are resolved by litigation after the precedent(Law case number : 2003da318) set by the Supreme Court on August 22, 2003 between the Korea(government) and the Korea Railroad or abandoned its attempt to arbitration. But each year, about four hundreds of arbitration business transactions were resolved arbitration, the voluntary submission of a dispute to an impartial person or persons for final and binding determination. Arbitration has proven to be an effective way to resolve these disputes privately, promptly, and economically.

• 한국의상디자인학회지
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• 제5권3호
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• pp.63-77
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• 2003

This study was to analyze the trademarks of The Polo Lauren Company in fashion products and its analogous trademarks that have been applied or registered in the Korean Patent Office. The data was collected from the Korean Patent Office and KIPRIS search system was used. Total 468 trademarks applied by the date of September 10, 2003 including 317 registered trademarks of the Polo Lauren Company and 151 its analogous trademarks applied for fashion products, were used for the analysis. The results were follows. (1) Total 73 different types of trademarks of the Polo Lauren Company were registered for 26 product classification. Trademarks were composed of all possible combination of letter, sign and sketch to prevent the registration of its analogous trademark. Also even the same trademarks were registered for each different product classification. Since the early 1990s the extended trademarks for each segments reflecting diverse lifestyles were frequently registered. (2) Total 134 trademarks that had applied for registration were rejected due to its analogousness to the Polo Lauren. Most of them were seem to purposely analogous to mislead and to confuse consumers. The major type was to add one or two words as brand extention to the genuine Polo brand. Next type was minor modification of genuine trademark. The last type was almost same brand names in different product categories. (3) Total 3 trademarks were not permit to register by the objection of the Polo Lauren Company. Total 19 trademarks were permit to register. Those showed low degree of analogousness. However most of these trademarks were cancelled by the lawsuit of the Polo Lauren company.

• 한국측량학회지
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• 제22권2호
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• pp.95-103
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• 2004

최근 도심지 구조물의 고층화, 밀집화에 따른 일조권 분쟁이 물이지 않고 있다. 일조권은 관련 법규의 구체화가 이루어지지 않은 상태에 있으며 이를 해결하기 위해 합리적이고 과학적인 분쟁 해결보다 주관적 판단에 따른 조정으로 공사의 중지ㆍ지연에 따를 소송비와 시간적 손실이 발생하고 있다. 특히 기존의 연구는 분석적인 데이터가 아닌 단순 시각적 관점에 의존하여 일조 분석을 하여 민원인에게 신뢰성을 주기가 어려웠을 뿐만 아니라, 비전문가들의 구조물 건설에 따른 의사결정 유도의 한 방편으로 사용되어 왔다. 따라서 본 연구는 시뮬레이션기법을 이용한 일조량의 분석, 절기 및 시각대별로 일조분석을 하여 도심지에서 계획될 수 있는 대형토목구조물을 시공하는데 발생하는 일조관련 문제점의 효율적인 접근방안을 연구하였다.

• 의료법학
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• 제12권1호
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• pp.257-285
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• 2011

This thesis has studied about the legal characteristic of injection of the trial drug, the position of the pharmaceutical firm as a contractor of the clinical trial, the possibility of compulsory performance of consistent injection of the trial drug, and the damage claim caused in the process of the clinical trial from the viewpoint of protecting the trial subject in the clinical trial. According to court's judgement in the United States, the lawsuit of the trial subject, although the trial subject had expected consistent injections, was dismissed because there was no direct contract between pharmaceutical and trial subject. However, Helsinki Declaration prescribe the medical research as follows. 'All patients who participated in the research should be able to use the best precaution, diagnosis, and treatment proved by the final outcome of the research'. The trial subject is entitled to demand only the pharmaceutical firm which developed and provided the trial drug, and the pharmaceutical firm has the obligation to supply the trial drug to the trial subject. Therefore, it would be not enough to protect the trial subject if the pharmaceutical firm which makes the trial drug is ruled out. In addition, especially, in case the trial drug has a constant effect with the aim of treatment, if the injection of the trial drug is suddenly stopped, the trial subject would not have the benefit of treatment by the trial drug. In this case, the best remedy against the damage is to urge a constant injection of the trial drug. Thus, in certain case, it is reasonable to consider that the pharmaceutical firm has the obligation to supply the trial drug to the trial subject constantly, and it is also necessary to compel it through effective means in case the pharmaceutical firm do not fulfill its obligation to supply the trial drug. However, as an essential prerequisite for the assertion mentioned above, it should be judged under the principle of good faith considering the concrete situation, that is, what roles the pharmaceutical firm has played.

• 환경영향평가
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• 제26권6호
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• pp.495-507
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• 2017

1985년에 온천관광지 조성계획이 추진되었으나 2017년 현재까지도 지역간 환경갈등이 지속되고 있는 '문장대 온천 관광지 조성사업' EIA의 사례연구를 통하여 환경소송의 한계와 ADR로서 EIA 제도의 적용가능성에 대하여 고찰하였다. 환경영향의 과학적 사전예측으로 사회갈등 환경갈등을 예방하기 위한 민주적 절차인 EIA 제도를 통하여 지역주민 의견수렴 및 'EIA 협의의견'을 환경 거버넌스 차원에서 의사결정 과정에 반영하면 환경소송의 폐해를 미연에 방지하게 되어 ADR로 기능할 수 있다. 우리나라에서도 EIA 주민참여 범위를 'Aarhus 협약' 수준으로 확대된 공중의견 수렴제도를 점진적으로 도입하여 실질적인 ADR 기능을 강화시킬 수 있다. 막대한 영향을 미치는 개발계획 및 개발사업에 관련된 의사결정 과정에 공청회 등의 거버넌스를 통하여 사회적 형평성 및 환경적 지속가능성을 핵심으로 하는 EIA 제도는 궁극적으로는 우리나라의 지역차원에서 SDG를 구현시킬 수 있는 적합한 ESSD 수단이 될 수 있다.

• 보건행정학회지
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• 제22권3호
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• pp.315-346
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• 2012

The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.