• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.33-67
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• 2020

The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.123-163
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• 2014

As results of analyzing judicial precedents about infection in hospitals in connection with mistakes and causality in medical litigations shows that the Mitigation of Law Principles To Prove responsibility in medical litigation has not been able to play its role compared to its intended purposes. And Major sentiment from those judgments is that a mistake can't be proved only by the fact that certain infection in hospital occurred in connection with hospital infection. Therefore, the number of indirect facts to deny estimation is overwhelmingly high. Like this, especially for hospital infection which is difficult to prove indirect facts themselves to estimate mistake, major sentiment from those judgments have a problem that impute sharing of losses caused by hospital infection to patient. In accordance with the Principles of equitable and proper sharing of losses, it's required to prepare legal interpretation and theoretical methods to largely mitigate patient's responsibility to prove medical mistakes compared to other medical litigations in connection with existing Mitigation of Law Principles To Prove responsibility and conventional theory of estimation. In connection with this, the results of review that duty of safety management in hospital infection cases can be the base of conversion of proving responsibility, the duty that prevent hospital infection, corresponding the duty of safety management in hospital infection is not conventional duty of safety management based on duty of good faith but secondary obligation of medical contract. The breach of duty preventing hospital infection is the violation of medical contract, but there is no logical necessity that convert proving responsibility from the obligation of contract itself. Therefore, the duty of preventing hospital infection from the obligation of medical contract, corresponding the duty of safety management in hospital infection cases cannot be the base of conversion of proving responsibility alone. But, it's still required to conversion of proving responsibility in hospital infection, we need further studies on cases of Germany which applies legal estimation of proving responsibilities in hospital infection.

• International Commerce and Information Review
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• v.15 no.4
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• pp.287-311
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• 2013

The arbitration parties may disagree with the arbitrator's award about whether they are eligible for the dispute case. While lots of disputes cases relating to subrogation are arising, it is not easy to find subrogation arbitration system to handle them clearly. The main issue is an availability of subrogation arbitration in case of the dispute which the insurer requests the arbitration against the carrier according to the arbitration clause of Bill of Lading. The direct parties of arbitration clause of the B/L are the carrier and the holder of the B/L. Could the insurer get the position of the arbitration party in stead of the holder of the B/L after compensation if there was an accident of insurance on the way of carriage? Even though there are a few arbitral awards of subrogation, the reason of the eligibility of subrogation arbitration is not enough. This paper scrutinized precedent research papers, arbitration awards, judicial precedents, and the Automobile Subrogation Arbitration System. Vague dispute resolution system which burden corporations with so many costs must be not good for business. In the view of economic efficiency, blank of contract, reciprocality, and Coase Theorem, it is recommended that subrogation arbitration system for the international trade would be better focus on the hypothesis of "Firm Offer Character of Arbitration Clause."

• KSCE Journal of Civil and Environmental Engineering Research
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• v.38 no.5
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• pp.741-749
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• 2018

The purpose of this study is to propose a rational and scientific damage calculation model in relation to damages caused by bid rigging in construction projects. Previous studies and precedents in relation to calculating damages from bid rigging suggest that the main issue was the lack of consideration in standards for deciding successful bids, selection of inadequate standard comparative markets, insufficiency in analyzing the appropriateness of competitive bid price influence factors, and absence of calculation model verification. In order to improve on these issues, a damage calculation method on alternative tenders for construction projects was proposed. For this calculation model, first, a standard market adequate to the successful bid selection standards was determined, second, an appropriate factor was selected by analyzing the correlation between competitive bid price influence factors, and third, a regression analysis was conducted on the selected factor. Lastly, this was demonstrated through verification of appropriateness, significance & normality of the proposed model and application of actual bid rigging cases. Through the proposed calculation model, this study seeks to serve as a base to prevent opportunity damages for parties involved in related court cases by early resolution of disputes and relief from issues of unfair damage burdens on a particular party.

• Journal of the Korean GEO-environmental Society
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• v.13 no.6
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• pp.83-90
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• 2012

Generally, the effect of the cement deep mixing method on the improvement of clay ground is far greater than the effect of physical improvement. Although it leads to great improvement strength in the initial stage, there are not many constructional precedents in Korea and it is hard to manage quality according to the cement-clay mixing method. In order to figure out the strength characteristics according to the mixing ratio of cement, sand, and clay and the improvement characteristics of weak ground according to the forms of the specimens to be improved, marine clay was used in this study to conduct the uniaxial compression test and soil bin model test. The test piece specimens for the uniaxial compression test were mixed with sand in a fixed ratio with the criterion of the water cement ratio. The cement was mixed with clay in the ratios of 10%, 20%, 30%, and 40% to the clay weight. The moisture content of the soil ground was made in the ratios of 40%, 60%, and 80%. The test piece specimens went through curing by moistening for 7, 14, and 28 days and underwent the uniaxial compression test according to the curing period. For the bearing test, the soil bin models were made and the ground improved in the Mat type was formed. After that, the bearing strength was compared in this study according to the improvement ratio and analyzed the intervening effect between the walls of the improved specimens.

• Journal of the Korea Institute of Building Construction
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• v.10 no.1
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• pp.111-120
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• 2010

The public construction industry in Korea involves a variety of stakeholders, encompassing multiple layers of contractual relationships that crisscross between the State as project client and the contractors, as well as subcontractors. In such a hierarchical landscape, managerial crises of contractors involving bankruptcy or insolvency can result in unexpected damages for both clients and subcontractors. Accordingly, the applicable legal framework requires project clients to act as patrons in relation to making payments to subcontractors, and stipulates provisions pertaining to direct payments to subcontractors in order to promote the balanced development of the national economy in terms of the public interest by protecting small and medium-sized businesses working as subcontractors for large businesses. However, the relevant legal documents provide for different payment criteria and procedures from document to document, and leave room for variations in the interpretation and construction of applicable provisions, which leads to disputes and discrepancies in court rulings. For this reason, it is necessary not only to compare and analyze statutory provisions pertaining to direct payment to subcontractors, but also to review issues of contention in actual cases. This study aims to analyze issues in cases involving payment to subcontractors from the perspective of the project client overseeing and supervising the construction business. The conclusions from such an analysis will help to effectively resolve subsequent cases of a similar nature by suggesting a strategy to improve the relevant statutory provisions pertaining to direct payment to subcontractors.

• Journal of Digital Convergence
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• v.18 no.10
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• pp.59-80
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• 2020

The purpose of this study is to analyze the current problems with the recovery methods and support systems for harm caused by digital sexual assault, based on cases in the U.S., U.K., and Australia. The significance of this study is the implications on problem solving related to digital sexual assault based on the legislation and systems of advanced foreign nations. The analytical method behind this study is the investigation of research literature. The reference materials are from judicial precedents, comparative analysis on media data, experts' advisory conferences, study forums, foreign theses, and documents on law and policy. As shown by the results of this study, we need to examine digital sexual exploitation and seek countermeasures from the victim's perspective after comparing foreign cases to determine the best protections and support systems. As digital sexual content can spread indefinitely, we certainly recognize the inherent difference between digital sexual crimes and offline sexual crimes. Thus, each case needs to be professionally categorized and an appropriate punishment must be suggested that satisfies the victims' needs. Ultimately, this study is meaningful for suggesting preventive measures against digital sexual crimes.

• International Commerce and Information Review
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• v.14 no.4
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• pp.387-408
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• 2012

This paper have examined the descriptive and legal approaches to the comparison and analysis of major content of direct transport in FTA rules of origin and the primary judicial precedents that arose during the executing process of FTAs. Preferential tariff treatment shall be applied to a good satisfying the requirement of this agreement(annex, article etc.,) and which is transported directly between the territories of the exporting party and importing party. However, products may be transported through territories of non-parties, provided that they do not undergo operations other than unloading, reloading, splitting-up of consignments or any operation designed to preserve them in good condition. During this period the products shall remain under customs control in the country of transit. The low perception of firms on the rules of origin was found to lead to breaking the rule and thus taking up losses. The FTA major countries enacted penalty rules against the violation of the rules of origin and bring civil and criminal suits and administrative sanctions. The types and level of penalties are subject to their domestic laws of each of those nations. With better recognition of major content of direct transport in FTA rules of origin and well-prepared countermeasures, firms will be able to enhance competitive advantage while benefiting from preferential tariffs.

• Korean Institute of Interior Design Journal
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• v.24 no.5
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• pp.108-116
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• 2015

This study intends to research the spatial characteristics of Asian interim housing that accommodates sufferers pro tempore after disasters. The scope of this research covers the interim spaces used for housing people after natural disasters that occurred in Asia for the past fifteen years. Within this scope, literature review was conducted as the basis to derive the characteristics and environmental elements of interim housing, which provided the criteria to compare and evaluate cases of interim housing along with characteristic elements required of interim housing found in previous studies. According to literature review, interim housing can be classified by life-span, region, economy, climate, type, number of household, square measure, residential cost, structure/material, and service life. Within the scope of the present research, literature review showed a total of twenty-eight cases of interim housing in fifteen countries revealing a high rate of disaster occurrence in the subtropic and tropic climate of Southeast Asia. A great percentage of interim housing was used for long-term stay of over a year. The structure of interim housing varied from lightweight steel, wooden, masonry, membrane, to traditional structure and the type were divided into temporary shelter, transitional housing, temporary housing, and permanent housing. Followed by literature review, the characteristics required of post-disaster interim housing were analyzed based on previous research and case studies. The characteristics of interim housing can be divided into environmental, technological, and socio-cultural ones. Sub-characterical items according to such division include amenity, health, surroundings, structure, convenience, eco-friendliness, safety, communication, and locality. As a result of evaluation, most items met the required characteristics of interim housing, while technological characteristics such as structure and convenience varied with the types of interim housing and appeared even unnecessary in some cases. According to analysis, amenity is maintained through the structural and material characteristics of interim housing and is also facilitated by increasing number of infrastructure such as educational, sanitary, and convenience facilities provided by the governmental and organizational bodies. It is expected that this study will be utilized as preliminary data for follow-up studies that improve the environment of post-disaster interim housing suitable for domestic circumstances in environmental, technological, and socio-cultural respects.

• Journal of Korea Technology Innovation Society
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• v.18 no.4
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• pp.667-692
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• 2015

The study examined the Korean medicine industry from the perspective of the innovation system theory of each business, while it concentrated on the conflict between traditional Korean medicine and Western medicine, which have a major influence on the innovation system of Korean medicine industry, rather than the innovation system itself. The Korean healthcare system is a dual system of Western and Korean medicine, yet the definitions of Western medical practices and Korean medical practices are ambiguous. Thus the distinction of dual system depends on judicial precedents, and the innovation of Korean medicine has been inhibited due to the excessive emphasis placed on the Western medical practice in both healthcare system and pharmaceutical system. First of all, the usage of most medical devices derived from the development of modern medical engineering is not permitted in the Korean medicine industry, on the basis that most of the medical devices were originated from the Western medicine field. Secondly, new drugs using natural substances, once approved by the drug administration, cannot be prescribed by the Korean medicine industry although they are developed based on Korean medicine. Thirdly, the major safety issues on herbal medicine are about hazardous materials in medicinal herbs and liver toxicity of prescribed herbal medicine. The problem of hazardous materials can be solved by appropriate quality and safety tests in the cultivation and importation process. Whereas the Korean medicine circles points out that the liver toxicity issue is only a unilateral condemnation by the Western medicine circles.