• Journal of Korea Trade
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• v.26 no.1
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• pp.81-98
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• 2022

Purpose - This study aims to compare the requirements under the United Nations Convention on Contract for the International Sales of Goods (CISG) and the Korean Civil Act (KCA) regarding the buyer's right to require the delivery of substitute goods. The buyer's right to demand substitute delivery not only protect them from the seller's breach of contract but also preserves the contractual bond between the parties by providing an opportunity for sellers to protect their goodwill and circumvent the extreme remedy of avoidance. However, as substitute delivery entails additional efforts and costs for return and re-shipment, this right should not be allowed in every case of defect. Additionally, unlike the CISG, the KCA contains no specific provision related to the requirements for claiming substitute delivery. Therefore, it would be meaningful to examine and compare what requirements should be fulfilled before the buyer exercises the right in relation to non-conforming goods under the CISG and the KCA. Design/methodology - We conducted a comparative study of the requirements under the CISG and the KCA regarding the buyer's right to require delivery of substitute goods given a seller's delivery of non-conforming goods. Additionally, we referred to the opinions from the CISG Advisory Council, the draft of the KCA amendment, and related precedents, mainly focusing on the existence and severity of defects, reasonableness, and timely notice and requests as the major requirements for substitute delivery. Findings - The results of this study can be summarized as follows: First, the CISG provides more detailed requirements about the right to require delivery of substitute goods; by contrast, the KCA does not stipulate any such requirement. Thus, specific requirements for substitute delivery should be included when amending the KCA. Second, the CISG attempts to minimize overlapping and conflict with other remedies by specifying detailed requirements for the delivery of substitutes. Third, both the CISG and KCA require reasonableness for substitute delivery. Originality/value - Although there are no explicit legal requirements for substitute delivery under the KCA, there has been relatively little discussion of this issue to date. Therefore, the findings of our study can guide future revisions of the KCA to fill this loophole. Moreover, the recently released CISG Advisory Council opinion that clarifies the continuing confusion and debate, can help distinguish which remedy is suitable for a particular case. It may provide practical advice for businesspeople in international trade as well as legal implications for the future development of the KCA.

• Journal of Industrial Convergence
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• v.20 no.11
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• pp.19-25
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• 2022

In the development of existing games, it is judged that virtual world production was done by arranging game elements one by one. What is noteworthy here is the question of whether quality virtual worlds were efficiently produced in preparation for investment. In this study, we propose a methodology that can build an efficient virtual world based on the concept of modularization in an unreal engine. First, precedents were analyzed and five reference elements for modularization were extracted. In addition, the concept of an instance production pipeline was proposed by dividing it into four stages, and the minimum-unit instance modules for urban virtual world production were compressed into four. Finally, an urban virtual world constructed based on the minimum unit module and reference elements was implemented and presented. In conclusion, research on the production method centered on this efficiency is thought to be able to focus the time that designers or artists had to spend on production only on ideas and creativity. The limitations of the research are that the basic minimum module is limited to the city, and the derived reference elements and production pipelines have not been verified when implementing them with an unreal engine. Therefore, it is expected that various virtual world creation plans will be derived through more advanced modular research.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.103-131
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• 2022

2021, the Supreme Court recognized the foundation of the quasi-indecent act by force by the concept of 'alcohol blackout' although there were multiple situations that it was hard to judge insanity of the victims was evident in the cases with drunken victims. This means the consideration of insanity state due to temporary false memory rather than the total loss of mental capacity from the existing concept of insanity. However, the interpretation of insanity in the criminal law has to be strict and its application could be difficult. In particular, the comparison precedent which is very similar to the subject one was determined not to be the same with the state of the insanity or inability to resist during the sexual relation though the victim had the symptoms of alcohol blackout, denying the quasi-indecent act by force. This argument is determined to be logical remarkably, and insanity and quasi-indecent act by force should be discussed considering the medical review on the alcohol blackout of the victims sufficiently when determining the individual precedents. In addition, the most important point in the sexual crimes is the consent, and there may be possibility of negligence in case that uncertain consent is determined as the consent to continue the following act. Also, in case of uncertain consent or suspicious, universal determination not to follow the act should be able to realized. Therefore, strong evidence is required for criminality, determining that the victim is the state not to be able to do the normal judgment and the minimum willful negligence is existed that the accused uses this. In the subject ruling, the act of the accused has to be clearly punished, however, it is determined to be unreasonable for the punishment with the quasi-indecent act by force under the interpretation of the current regulations.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.43-65
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• 2023

The healthcare industry is a digital healthcare that combines technology based on the 4th Industrial Revolution, dealing with information on individual health and medical care, and is a fusion of health care services and medical science and technology. It is questionable whether digital healthcare according to the paradigm change can be discussed by the concept of medical practice under the existing Medical Act. There is no clear definition of the concept of medical practice in the Medical Service Act, but the concept is established through precedents. In addition, under the Medical Service Act, the subject of medical practice is limited to medical personnel. However, digital healthcare sometimes diagnoses and treats diseases using digital technology by medical personnel. On the other hand, what is possible by non-medical personnel is digital healthcare. This is because digital healthcare is understood as a concept that includes health care such as exercise, eating habits, and weight control. For this reason, if the concept of medical practice under the "Medical Act" on digital healthcare is included, it is subject to criminal punishment for "unlicensed medical practice" prescribed in Article 27 of the "Medical Act". In the health and medical industry, digital transformation and convergence with information and communication technology are rapidly progressing. As a result, there is a need to newly define it as 'digitalized medical practice' or 'information and communication technology (ICT)-based medical practice' separately from existing medical practices. The concept of medical practice has variability, not a fixed and invariable concept. However, in response to this demand, it is not an infinite expansion of the concept of medical practice, but a request to reset its scope. Therefore, the concept of medical practice should be legislated by reflecting the demand of consumers for the medical service system.

• Journal of the Daesoon Academy of Sciences
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• v.44
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• pp.53-96
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• 2023

This article apprehends Yeongdae (靈臺), the most sacred shrine of Daesoon Jinrihoe which has earlier historical precedents, as an example of material religion. In East Asia, the first Yeongdae was a structure that King Wen of Zhou commissioned to be built. As the time passed by, the meaning of Yeongdae was changed to signify a mental yeongdae, the object and the aim of cultivation, and the notional mindset that appears in the Daoist meditation, Cunsi (存思, visualization). This implies that Yeongdae has signified both material and non-material objects. Throughout most of history, these two concepts had never been related to each other, but shifted in form and meaning depending on context. Daesoon Jinrihoe, which emerged in the modern era of Korea, used the concept of investiture of gods and combined the two into one. Accordingly, the Yeongdae, referred to by King Wen to indicate his shrine, was expressed as a spot wherein the gods were enshrined on the earth. As an innovation, Daesoon Jinrihoe argued that gods correspond to properly eligible human beings according to the degree of their cultivation and that sacred space was instead defined a spot within the human mind, a mental yeongdae, where the gods could be enshrined into humanity (神封於人). From the perspective of Lévi-Strauss, the factors that are discovered in the tradition of East Asia, namely, the Yeongdae of King Wen and the mental yeongdae of Zhuangzi can combined with consistency and established in the doctrinal system of Daesoon Jinrihoe. Such an attempt refers to bricolage which re-creates the traditional concepts of the past. In this regard, the concept of invented tradition coined by Eric Hobsbawm could also be used to conclude that the Yeongdae (the shrine of gods) of Daesoon Jinrihoe can be expressed as an invented Yeongdae, which transcends the existing categories of material yeongdae and non-material yeongdae.

• Journal of the Korean Society of Radiology
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• v.17 no.7
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• pp.1189-1195
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• 2023

In scenarios involving inspections and verifications of nuclear facilities, ensuring the proper functioning of on-site safeguards equipment is crucial. There have been precedents in Kazakhstan where equipment failed to operate properly due to extremly cold temperatures, and the year-round minimum temperature at North Korea's Punggye-ri nuclear test site is approximately minus 30 degrees Celsius. To ensure the proper functioning of equipment in extreme environments for on-site verification of nuclear activities on the Korean Peninsula, relevant research is necessary. This includes confirming the functionality of equipment used in inspections and verifications, as well as analyzing factors that may disrupt their normal operation. This study aims to conduct a risk analysis for the normal operation of equipment in extreme environments and develop criteria and procedures for environmental-based performance testing. To achieve this, we conducted a risk analysis based on IAEA safeguards, analyzed the utilization of equipment, and performed a risk analysis associated with transportation for on-site verification considering the environmental characteristics of the Korean Peninsula. Furthermore, we provided performance testing criteria and procedures. The research results can be utilized as reference material in the verification and monitoring processes of nuclear activities.

• Journal of Korean Tunnelling and Underground Space Association
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• v.26 no.4
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• pp.303-314
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• 2024

Recently, the consecutive shield tunnel boring machine (TBM) has gained attention for its potential to enhance TBM penetration rates. However, its development requires a thorough risk assessment due to the unconventional nature of its equipment and hydraulic systems, coupled with the absence of design or construction precedents. This study investigated the causal relationships between four accidents and eight relevant sources associated with the consecutive shield TBM. Subsequently, risk levels were determined based on expert surveys and a risk matrix technique. The findings highlighted significant impacts associated with collapses or surface settlements and the likelihood of causal combinations leading to misalignment. Specifically, this study emphasized the importance of proactive mitigation measures to address collapses or surface settlements caused by inadequate continuous tail void backfill or damaged thrust jacks. Furthermore, it is recommended to develop advanced non-destructive testing technology capable of comprehensive range detection across helical segments, to design a sequential thrust jack propulsion system, and to determine an optimal pedestal angle.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.143-166
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• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• International Commerce and Information Review
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• v.15 no.2
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• pp.285-313
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• 2013

By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.3-35
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• 2016

The United States Constitution gives power to the federal district courts to hear admiralty cases. 28 U.S.C. §.133, which states that "The district courts shall have original jurisdiction, exclusive of the Courts of the States, of any civil case of admiralty or maritime jurisdiction." However, the determination of whether a case is about admiralty or maritime so that triggers admiralty jurisdiction was not a simple question. Through numerous legal precedents, the courts have drawn a line to clarify the boundary of admiralty cases. This unique jurisdiction is not determined by the mere involvement of a vessel in the case or even by the occurrence of an event on a waterway. As a general rule, a case is within admiralty jurisdiction if it arises from an accident on the navigable waters of the United States (locus test) and involves some aspect of maritime commerce (nexus test). With regarding to the maritime nexus requirement, the US Supreme Court case, Executive Jet Aviation, Inc. v. City of Cleveland, held that federal courts lacked admiralty jurisdiction over an aviation tort claim where a plane during a flight wholly within the US crashed in Lake Erie. Although maritime locus was present, the Court excluded admiralty jurisdiction because the incident was "only fortuitously and incidentally connected to navigable waters" and bore "no relationship to traditional maritime activity." However, this historical case left a milestone question: whether an aircraft disaster occurred on navigable water triggers the admiralty jurisdiction, only for the reason that it was for international transportation? This article is to explore the meaning of admiralty jurisdiction over aviation accidents at US courts. Given that the aircraft engaged in transportation of passenger and goods as the vessels did in the past, the aviation has been linked closely with the traditional maritime activities. From this view, this article reviews a decision delivered by the Seventh Circuit regarding the aviation accident occurred on July 6, 2013 at San Francisco International Airport.