• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.53-83
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• 2007

The purpose of this paper is to study precedent cases of the Air carrier liability for passengers. The article 17 of Warsaw Convention (also in Montreal Convention article 17-1) provides the Air carrier liability for passengers which is the most essential part of the Air carrier liability. According to these Conventions, 1) the carrier is liable for damage sustained in case of death or bodily injury of a passenger. Precedents and theories have disagreements on whether the damage covers the mental injury as well. 2) The carrier is liable for damage sustained from aviation accident. The definition of 'aviation accident' is becoming problematic. 3) The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. The question at issue is the range of the operations of embarking or disembarking. This paper introduces the precedents (also, the model precedents) about the carriers liability for passengers and related cases, so as to help understand the trend of judicial decisions. Furthermore, the cases, once took all of the attention of the international air carriers, concerned with the 'Economy class syndrome' (DVT : Deep Vein Thrombosis) are also presented. Under the new Montreal Convention, the carriers liability for passengers will continue to be the main issue. Thus it is required that academics as well as practical businesses may keep up their studies about this issue.

• Journal of architectural history
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• v.10 no.2 s.26
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• pp.73-84
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• 2001

The main purpose of this paper is to show that the new paradigm of a period can be constructed by the reinterpretation of the historical precedents or the dialectical mediation between the old and new. We can tell this process the creative dialogue between the past and present. The continuity and rupture, the renovation and succession of the tradition can be understand by this interpretive insight that opens the new horizon in architecture. In oder to prove this preconception this paper analyses the ideas and design principles of Le Corbusier. By showing how his main ideas and principles are formulated we can understand his unique position as a modernist and characteristics of his architecture. It is also the another purpose of this paper. This paper first looks into various aspects of his architecture and his personal background, then Investigates his unique approach to historical precedents. By the imaginative eye and comparison with inspiration he connected contemporary situation to the tradition and was able to deduce a new paradigm in architecture. His way of making relationship with the past was a priori, dialectical, and fundamentalistic. He always searched for universal norm, eternal rules, and timeless principles which are also modern and new. This both side shows well his characteristics and his architecture. Eventually he could invent a Modern language of architecture by the several ways of dialogue between the modem and the classical, new technology and old convention. We can say that his way of dialogue is a kind of reinterpretation of the historical precedents which enables open the future of architecture.

• The Journal of Korean Medicine
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• v.35 no.1
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• pp.99-113
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• 2014

Objectives: To provide theoretical basis for the classification of medicinal moxibustion(藥灸劑) in Health Insurance Medical Benefit in Korea through investigating trend of judicial precedents on indirect moxibustion and usage of medicinal moxibustion in "Donguibogam". Methods: We analyzed statistical data of moxibustion from Health Insurance Review & Assessment Service and National Health Insurance Statistical Yearbook. We investigated major judicial precedents on indirect moxibustion to find out some trend and we searched the usages of medicinal moxibustion in "ZhenJiuDaCheng" and "Donguibogam". Results: According to recent judicial precedents, indirect moxibustion with equipment is no loner regarded as Korean Medical Procedure. In composition of 'Oriental Health Treatment', amount for acupuncture has gradually decreased instead, amount for moxibustion has increased steadily for 5 years. Medicinal moxibustion(藥灸劑) is often used as a form of indirect medicinal moxibustion with moxa in "Donguibogam". Argyi Folium, Moschus, Natrii Chloridium, Radix Preparata, Realgar and Olibanum are most frequently used for medicinal moxibustion in "Donguibogam". Medicinal moxibustions are composed of simple prescription or herb-pair or multiple prescription in "Donguibogam". Conclusions: In Health Insurance Medical Benefit in Korea, under the division of moxibustion, direct medicinal moxibustion and indirect medicinal moxibustion should be classified in addition.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.83-122
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• 2014

Compared with medical cases and health care law from other countries there has been a lot of progress on medical law, especially on medical precedents in Korea. However, in recent years, medical precedents tend to reflect a realistic position of health care providers, rather than normative position of the victim. The burden of proof to prove strict liability is given to patients in civil law suits by courts, patients generally has the burden of proof. The rate of claims to prove the negligence of medical malpractice is falling significantly. Even if the error is acknowledged, it is not enough to get right to be relief for patients by increasing limitations of liability or ratio of patient's own negligence. Compensation fee is included in medical fees and risk of medical malpractice actions contributes ultimately to a health care consumer. In conclusion, author represents a major the new upgrade of above mentioned problem. By advising that court should assess actively for the perspective of victim for medical negligence we will be able to exercise remedies of patients' rights and to prevent recurring medical accidents and also contribute to medical advances.

• Journal of the Korean Society for Library and Information Science
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• v.54 no.1
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• pp.387-409
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• 2020

Precedents are data containing various types of information. In this study, I proposed a method to be utilized as legal information system for the public using automatic text analysis performed on precedents. It is carried out to analyze the defamation precedent using reference provision, judgment issues, major points of judgment, and reference precedents. As a result of the analysis, legal provisions used in defamation, key issues covered by defamation, and key cases are extracted. Although only applied to the Supreme Court case regarding defamation, the proposed methodology could be applied to various legal topics.

• Journal of Korean Society of Rural Planning
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• v.4 no.2
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• pp.41-57
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• 1998

Now, the conservation policy of historic environments in Korea which started in early 1980's, is in a danger. In addition, because of economic crisis started last year, the concerns for historic environments are growing weaker. However, this situation can be a good opportunity to prepare for the coming conservation works, The purpose of this study is to find clues for conservation of historic environments by considering foreign precedents. For concrete results, this study selects historic rural settlements as a case and focuses on the relationship among related people in the light of the their rights. Based on the consideration of foreign precedents, three different characters in the conservation process could be identified compared with korean cases; 1) Except partial works of public sector, generally the conservation process is under the control of nonprofit groups and residents themselves, 2) Conservation methods include with the proper change process for the sustainable settlement, and avoid the unconditional past-oriented approach, 3) Conservation methods are composed of not only the preservation of external forms such as assets but also the continuous participation and management of the community. And the most important clue which has been extracted is that the diverse rights of related people in the historic rural settlements should be kept in balance thoroughly.

• Journal of the Korean Institute of Landscape Architecture
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• v.48 no.4
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• pp.8-18
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• 2020

This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

• The Korean Nurse
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• v.10 no.3 s.53
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• pp.10-17
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• 1971

• The Korean Nurse
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• v.20 no.2 s.110
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• pp.15-36
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• 1981

• JOURNAL OF ELECTRICAL WORLD
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• no.5 s.161
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• pp.50-51
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• 1990