• Journal of Korean Society of Environmental Engineers
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• v.34 no.2
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• pp.126-135
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• 2012

Republic of Korea designates a waste disposal site within the fishing zone administered jointly with Chin in the Yellow Sea. The issue of waste disposal at sea is subject to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter commonly called London Protocol. China, one of the contracting parties declared that if China becomes a party to a dispute concerning the interpretation and application of the Protocol, the Arbitral procedure of the Protocol shall only be applied with written consent of the Government of China according to the Article 16.5 of the Protocol at the time of its accession. The Article allows any State may declare that, when it is a party to dispute about the interpretation or application of precautionary approach or polluter pay principle, its consent will be required before the dispute may be settled by means of the Arbitral procedure of the Protocol. This paper analyzes the legal basis of Chinese declaration and its implication to parties that may be in dispute with China using international precedents of similar nature and a game theory.

• Korean Journal of Construction Engineering and Management
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• v.16 no.1
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• pp.119-128
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• 2015

Domestic dominant method in subcontract cost estimate for comprehensive program management is estimation by referencing similar cases or relying on the experience and expertise of the engaged. However, this method is not reliable due to lack of accuracy, making it harder for clients to plan and budget the program. Since budget itself is roughly estimated, it becomes a source of cost rise in the course of management due to design modifications. Therefore, the client and service providers shall calculate more accurate service cost by applying objective and scientific method in order to minimize cost rise and cost related dispute. Traditional cases, in estimating program management cost, took Top-Down approach based on precedents and experience. On the contrary, this study will categorize management structure into phases and activities, issue WBS for each phase to estimated schedule and cost for each code, and take Bottom-UP approach. By taking this approach named ICEP (Integrated Cost Estimate based on Project), Set project typical model will be developed for service cost estimating, calculate cost by applying project-specific factors. Also, by analyzing progress data and allocated management cost to complement them, more efficient construction management will take shape based on program management cost standards which reflect project-specific features.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.3-32
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• 2020

With controlling Drones, although it was discussed in the previous study which showed a possibility. Which is personality and property rights of third parties could be violated while operating the drone with a video camera. But It's hard to find out precedents related to drones in Korea. In case of that someone try to control the drone which is equipped with a camera in a yard of neighborhood, the German District Court (Potsdam) considered an operator of drone has little bit of careless to do his duty and admit nonfeasance claim in the owner of the one's property for prevention to repetition of similar situation according to a nonfeasance claim for prevention to Section 1004 (1) sentence 2 of the German Civil Code(BGB). The drone which is equipped with a camera have possibilities to disrupt property and personal rights of the owner. Because a danger in repetition is getting larger regarding the violation of law. Moreover, there is a case that someone shot down the drone which is equipped with a camer. Because it has a risk to interrupt private life and cause some dangerous in our life. The German district court(Riesa) recently have considered that controlling the drone with a camera in private spaces is illegal as a violation of personal life. In addtion to, the action of property owner shot down drone is a legal according to § 228 of the German Civil Code(BGB) which is caleed "Necessity". Although it is difficult to apply to foreign cases directly to Korea, similar cases are likely to be occurred in Korea. The decision of the German District Court showed implications to Korea. As demand for the camera-equipped drone increases in Korea, it is time to discuss specific measures for drone violations.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.47-82
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• 2019

Inter-Korean exchanges and cooperation, in the process, will inevitably lead to various legal disputes, one of which is the issue of compensation for personal injury. The purpose of this study is to present the standards of settlement of disputes between the residents of North and South Korea by examining the North Korean compensation law on the calculation of damages due to personal injury and comparing it with the South Korean compensation law. Understanding the North Korean compensation law is a critical and urgent task, as exchanges and cooperation between the two Koreas are expected to increase in the future. For the South Korean compensation law does not have specific provisions on the estimation of damages, the specific methods and standards for estimating damages are determined by court precedents. The South Korean courts categorize the damages caused by personal injury into active property damages, passive property damages and emotional distress damages and calculate the amount of each damages. On the other hand, the North Korean Compensation for Damage Act stipulates the categories of damage by dividing the cases of personal injury into 1) infringement of health(§41), 2) disability due to infringement of health(§42), and 3) death resulting from human infringement(§44). In addition, the North Korea Compensation for Damage Act specifies the calculation of compensation for damages(§43, §51). Furthermore, South Korea widely acknowledges emotional distress damages for personal injury, whereas North Korea does not recognize emotional distress damages in principle.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.3-35
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• 2017

The Supreme Court of Korea first admitted compensation for damages caused by breach of informed consent in 1979. From then on, specific details of informed consent are shaping up and developing through court precedents. The duty of informed consent of doctor is based on article 10 of the Constitution and medical contract, and is expressly prescribed Article 12 of Framework Act on Health and Medical Services and other acts and regulations. By the way, the regulations about duty of informed consent of doctor have been established in Medical Law revised on December 20, 2016, and the revised Medical Law will be implemented on June 21, 2017. According to the revised Medical Law, medical practices subject to description and consent are operation, blood transfusion and general anesthesia that threaten to cause serious harm to human life or to the body. When performing these medical activities, the written consent must be explained and agreed upon in advance. If a doctor violates the law, he will incur fines of less than 3 million won. Comparing and viewing the revised Medical Law and existing legal principles about the duty of informed consent, we can confirm that there is a substantial difference between the two parties. Accordingly, despite the implementation of the revised medical law, the existing legal principles are unlikely to be affected. However, from the perspective of legal uniformity and stability, it is undesirable that legal judgments on the same issues differ from each other. The revised Medical Law about informed consent needs to be reformed according to existing legal principles. And, as in the case of Germany, it is desirable to include the matters concerning informed consent in the civil code.

• Korean Security Journal
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• no.11
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• pp.37-60
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• 2006

The area of security service has been maintaining the high growth curve annually by improving security consciousness from increase of the income and the progress of public services's level by the accomplishment in the info-communication field, recently the demand for unmanned security system is extended form commercial purposes into public offices and individual's houses. In addition to, the possible distance of offering services is scheduled to magnify. At the period when security company's influence has been becoming significant, the injustice transaction is the serious factor which obstructs the development of security companies. Therefore, it is urgent thing to devise counterplans to extirpate injustice transactions. There are the legalistic approaches of the breakthroughs against injustice transactions. One thing is settling the standard of the judgment and the other is renovating the provision of injustice transactions. Utilizing the principles of the fair competitions and importing self-obedience programs within the range of trade actions which is permitted by law, acted as the system approach. Moreover, there are such three things which can achieve mutual balances as establishing the range of the permitted action toward business corporations, applying spontaneously the fair competition principles and introducing the system of standard agreements. Gong further, this can establish order of security service areas and control them. Besides, it is possible for every organizations to make and operate the system appropriately by importing the self-observance system.

• Korean Journal of Social Welfare
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• v.67 no.4
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• pp.181-202
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• 2015

This article is aiming at finding the character of social welfare corporations and at finding whether the outside director system is constitutional or not. These two issues are closely interrelated with each other. After examining critically existing studies and precedents that have seen the character of social welfare corporations as public sector or private sector, the present study suggests the dualism that divides social welfare corporations into facility corporations and support corporations and that finds the character of facility corporations and support corporations respectively. According to the dualism, even if outside director system for the facility corporations restricts the right to manage the corporations the system is seen as being constitutional because the corporations are more likely to be public sector so that the principle of private autonomy would not be applied to them. While outside director system for the support corporations is seen as being unconstitutional because the corporations are more likely to be private sector so that the principle of private autonomy would be applied to them. So, this article suggests the amendment of Social Welfare Service Act through which the different character of the facility corporations and support corporations can be respected and the diversity of social welfare corporations and social welfare services can be realized.

• Journal of Environmental Policy
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• v.7 no.3
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• pp.63-88
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• 2008

In this treatise I have advanced a theory to regulate legal problems rationally arising from a right to a view and I have checked some precedents dealing with the temporary injunction, compensation for damage and the demolition of a house(mainly apartment) owing to an infringement of a right to a view. Relating to an infringement of a right to a view, there are more lawsuits which are instituted together with an infringement of a right to enjoy sunshine than lawsuits related only to the right to a view. In the cases of an infringement of a right to a view connects with educational or religious environment, the court made it a decision that the construction is prohibited from constructing more than a certain-story building to protect a right to a view. Plaintiffs won a case their suit in the original judgement regarding a claim for damages owing to an infringement of a right to a view, but the Supreme Court reversed the decision of a lower court. The right to a sky view should not be infringed in case of a dwelling house which is not built for the purpose of business or a view.

• Ocean and Polar Research
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• v.31 no.1
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• pp.31-50
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• 2009

The demarcation of Maritime Boundary is directly related to the expansion of jurisdiction and the securing of resources. Resource diplomacies of the three countries Korea, China and Japan represent a major task for the national administrations : to secure resources as well as to stablize and sustain resources for future national economies. At the sea area around Korea as well, countries are fiercely competing to secure resources and to expand jurisdiction. This is evidenced by the fact that various principles and logics which are beneficial to each own country are presented through international precedents, agreement between countries and the theories of the international law scholars. They say that the conclusion of demarcation of maritime boundary for the Yellow Sea would be easy from the point that there is no dispute related to island dominion in the waters of the Korean Peninsula especially the Yellow Sea, but still we need to have a strategic approach to this issue from the point that the factors used for claiming maritime boundaries may expand the waters of a country over much. For example, the continental shelf boundary in consideration of the distribution of sedimentary deposits in the Yellow Sea which is being raised by China began from the hypothesis that the inflow of sedimentary deposits to the Yellow Sea through the rivers of China represents absolute majority, but the results of the latest studies raised questions on the hypothesis. Especially, the studies done by Martin and Yang revealed that the inflow of sedimentary deposits to the Yellow Sea from the Yellow River is approximately less than 1% of total sedimentary deposits in the Yellow Sea, and also the result of analysis on the causes and counter policy measures on the environment of Bohai, China supports the reliability of the results of such studies. From a legal aspect, the sedimentary deposits of rivers which are claimed by China represent extremely weak ground for the claim for the title of the continental shelf. The siltline claimed by China seems to be based on the Article 76-4-(a)(i) of UNCLOS. This is, however, not the definition on the title of the continental shelf but it is only a technical formula to utilize in a case where a country desires to expand the continental shelf to over 200 nautical miles. Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf also confirm this point through the Article 2.1.2 of the Guideline. The only case in which sedimentary deposits of rivers were referred to as concrete demarcation of maritime boundary was in the which was concluded in 1986 between India and Myanmar at the Andaman Sea. In the said case, India acknowledged the boundary up to the isobath of 200m which Myanmar claimed based on the sedimentary deposits of the Irrawaddy River. It has limits as a case for acknowledging the sedimentary deposits, however, because in fact India's acknowledgment was made in exchange for the condition that Myanmar gave up the dominion of two islands which they had been claiming from India up until that time.

• The Journal of the Korea Contents Association
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• v.15 no.12
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• pp.234-246
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• 2015

When the Information age led by media comes, The literature yielded its prominence to visual media, and the Korean literature also faced a crisis, prompted by decreased demand for it. In this reality, literature festivals which have increased rapidly since 1995 and currently number at least 110, when the local government system was launched, played an important role in promoting literature to the society. This thesis has selected Manhae Festival, one of the most vibrant and successful, as the case study to analyze its present status and accomplishments to derive ways for improvement which can be used to promote policies on literature. Manhae Festival which celebrates Manhae Han Yongun, a poet and an independence activist, also became one of the top literature festivals through Manhae Grand Awards and various cultural, art and academic events, despite being held in Inje County, Gangwon Province, a remote location. Based on this study, in the near future, Manhae Village, as a complex cultural venue, as a If we can make the place into complex cultural space and with additional policy support by gaining political supports like designation as Slowcity and special zone of culture and tourism, and pursuing glocalization by making Manhae into a star brand, Manhae Festival will cement its current position as a successful literary festival. It has very meaningful since most of literature festivals operate in small scale. Now, we need to develop literature festivals into local ones by attracting larger popularity. Meanwhile, a more comprehensive study, in the future, is needed with special emphasis on successful literary policies and their precedents in other countries.