• Journal of the Daesoon Academy of Sciences
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• v.44
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• pp.97-140
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• 2023

This article is meant to serve as an introduction to the development of digital culture map of Daesoon Jinrihoe. Recently there has been frequent discussion over the need to provide information on the website of Daesoon Jinrihoe's Yeoju Headquarters Temple Complex, and the further need to produce a digital culture map of Daesoon Jinrihoe. The production of digital culture map of Daesoon Jinrihoe has the advantage of being able to publicize and enhance its status worldwide beyond simply building digital archives, collecting data, visualizing Daesoon Jinrihoe materials, and acquiring tools for research on Daesoon Jinrihoe. Therefore, the development of Daesoon Jinrihoe's digital culture map is expected to be a step for Daesoon Jinrihoe to leap forward globally. Next in the process would be the study of data. The current status of Daesoon Jinrihoe's data and analysis of the contents will enable researchers to proceed to the next stage. In the production of digital culture map of Daesoon Jinrihoe, the next step to be studied after data research is to review precedents in the production of digital culture maps related to religion. Researchers will be able to review domestic precedents and overseas precedents, and based on those, it will be possible to suggest a direction for developing Daesoon Jinrihoe's digital culture map.

• Korea Trade Review
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• v.42 no.2
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• pp.53-76
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• 2017

To solve the crisis of bill of lading, every effort has been made to introduce the electronic bill of lading and sea waybill on a global basis. In spite of these efforts, electronic bill of lading is not introduced practically so farm but sea waybill is used in western nations to cope with the crisis of bill of lading. But there is a practice that surrendered bill of lading is used insead of sea waybill in Korea, China and Japan to do so. The surrendered bill of lading faces the problem that it is not considered legally as bill of lading and the decisions rendered by each nation's courts are different according to the usages of surrendered bill of lading. So careful consideration must be made in regard to these decisions. The purpose of this paper is to avoid the disputes in advance in using the surrendered bill of lading by analyzing the precedents for the surrendered bill of lading and finding its notes. This paper analyzed the precedents regarding the surrendered bill of lading and found the notes as follows; Firstly, the surrendered bill of lading is not a kind of bill of lading but a practice that a consignee can take delivery of the cargo without loss of time at destination without redemption of original bill of lading. Secondly, the parties must take legal steps in using the surrendered bill of lading as the bill of lading acts cannot apply to the surrendered bill of lading. Thirdly, the parties should establish their practice in using the surrendered bill of lading. Fourthly, it is reasonable to use the sea waybill as a substitute for the surrendered bill of lading.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.26 no.1D
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• pp.115-123
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• 2006

Recently, construction claims have been increased for protecting the rights of construction participants and effectively adjusting the changes under the contract. Thus, the importance of claim management has been emphasized in the construction industry. In domestic construction industry, some claim issues involved in construction activities are often being developed into disputes and even litigations because of the absence of methods or systems for the dispute resolution, and the lack of judicial precedents which can be provided as the references for resolving a particular dispute. In general, the judicial precedents related to the disputes and litigations occurred among construction participants would be extremely valuable in evaluating and analyzing current claims issues. However, such useful information has not been effectively accumulated and utilized in resolving the similar or sometimes identical types of disputes, thus requiring a large amount of additional costs, time and efforts. The primary objective of this study is to propose a web-based decision support system for construction claim management, which enables contractual participants to easily access and use the information of the judicial precedents related to the current construction claims. The decision support system is composed of 'prevention' and 'settlement' modules for avoiding and systematically resolving the construction claims.

• Journal of the Korean Institute of Landscape Architecture
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• v.34 no.6 s.119
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• pp.111-129
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• 2007

Industrial heritage artifacts may include the industrial products, technologies and infrastructures that have contributed to modernization beginning with the Industrial Revolution. The history of our industrial heritage spans 50 to 150 years and can be characterized by taking into account the site and the technology. This paper analyzes 13 precedents in Japan, Canada, and the United States in terms of these concerns, with focus on the reuse of abandoned mines as industrial heritage. Field surveys and interviews about each abandoned mine were used to obtain historical records and material. The results describe progress in three phases (1) recognizing phase, (2) organizing phase, and (3) maintenance management phase. A proper methodology for reuse is necessary to ensure the authenticity of the abandoned mine, particularly in the face of poor tourism-oriented approaches. As a result of analyzing the 13 cases, we determined that the following principles should be considered during the reuse process. Firstly, reuse of abandoned mines should not be compulsory but should be a spontaneous process and especially, should be carried out by inhabitants. Secondly, education and real experiences in the abandoned mine should be used to ive visitors a feeling of authenticity. Thirdly, creative remodeling methods can be used to enhance the abandoned mine's facilities and the site. Finally, historic and new functions should be the focus of the revitalization. Because this paper mainly focused on 13 precedents, there are likely more diverse cases. However, the conclusions of this report have practical value for reuse of abandoned mines and can be used in establishing methods for reusing Korean abandoned mines as industrial heritage.

• Archives of Plastic Surgery
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• v.43 no.5
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• pp.402-410
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• 2016

Background In an increasing number of lawsuits doctors lose, despite providing preoperative patient education, because of failure to prove informed consent. We analyzed judicial precedents associated with insufficient informed consent to identify judicial factors and trends related to aesthetic surgery medical litigation. Methods We collected data from civil trials between 1995 and 2015 that were related to aesthetic surgery and resulted in findings of insufficient informed consent. Based on these data, we analyzed the lawsuits, including the distribution of surgeries, dissatisfactions, litigation expenses, and relationship to informed consent. Results Cases were found involving the following types of surgery: facial rejuvenation (38 cases), facial contouring surgery (27 cases), mammoplasty (16 cases), blepharoplasty (29 cases), rhinoplasty (21 cases), body-contouring surgery (15 cases), and breast reconstruction (2 cases). Common reasons for postoperative dissatisfaction were deformities (22%), scars (17%), asymmetry (14%), and infections (6%). Most of the malpractice lawsuits occurred in Seoul (population 10 million people; 54% of total plastic surgeons) and in primary-level local clinics (113 cases, 82.5%). In cases in which only invalid informed consent was recognized, the average amount of consolation money was KRW 9,107,143 (USD 8438). In cases in which both violation of non-malfeasance and invalid informed consent were recognized, the average amount of consolation money was KRW 12,741,857 (USD 11,806), corresponding to 38.6% of the amount of the judgment. Conclusions Surgeons should pay special attention to obtaining informed consent, because it is a double-edged sword; it has clinical purposes for doctors and patients but may also be a litigation strategy for lawyers.

• Convergence Security Journal
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• v.15 no.1
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• pp.49-57
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• 2015

As the capitalist society was launched, false has been increasing day by day for the personal profit. Study after study since a long time ago has concluded that today's polygraph developed in order to determine these false. In Korea the polygraph has been used actively in current investigation agency, and passively in a private enterprise by a former polygraph examinant from the investigation agency. Each investigation agency is recruiting polygraph examinants through the strict qualifications, training education. Decisions of Supreme Court precedents about the polygraph test results are denying admissibility of evidence in reliability on the efficiency of a test equipment, way to ask, qualities of polygraph examinant, etc. The most fundamental cause of the issues mentioned in the precedents is that examinants of each investigation agency are being trained by dual education not centralized. Because of each investigation agency has its own training and polygraph examinant, each agency can occur variations every agency or every examinant, therefore ensuring the centralized educational system is needed. In this way, ensuring the centralized educational system will contribute to improve the reliability of polygraph test results and make a retrenchment in the educational budget in accordance with examinant training of each agency.

• International Commerce and Information Review
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• v.7 no.1
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• pp.213-233
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• 2005

A letter of credit is the best settlement among various means of payments until now. A letter of credit plays very important roles in rational and smooth international trade. Letter of credit is usually used in international trade. But many people have to prepare a lot of transport documents in order to transact with L/C. Therefore, the transactions will be happened to delay in international trade very often. Owing to the EDI, international trade will be materialized with electronic business of E-commerce. If we transact with the electronic documents, it will be reduced the time very much in international trade. Generally speaking, all relating parties transact with L/C complying with UCP, but there are no ruling articles about electronic documents in UCP. If all parties want to transact with electronic documents in global business, UCP has to contain the electronic provisions. So, ICC published eUCP on 2002. The purpose of the study was to analyze original electronic papers and provisions through foreign precedents in UCP and eUCP. If we want to exchange the electronic document, the UCP provisions about electronic documents would be revised as follows: UCP provision 20(b) would be revised, “Unless otherwise stipulated in the credit, banks have to accept as an original documents, a documents produced or appearing to have been produced: (i)by reprographic, automated or computerized systems (ii)as carbon copies,; provided that it is marked as original and, where necessary, appears to be signed. A document may be signed by handwriting, by facsimile signature, by perforated signature by symbol, or by any other mechanical or electronic method of authentication."

• Journal of Korean Neurosurgical Society
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• v.45 no.5
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• pp.293-296
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• 2009

Objective : Pain has long been regarded as a subjective symptom. Recently, however, some regard a type of intractable chronic pain as a disease. Furthermore, chronic persistent pain becomes a cause of permanent impairment (PI) In 6th edition, the American Medical Association (AMA) Guides has rated the pain as a PI. In Korea, pain has been already been rated as a PI. Here, we examined the present status and the prospect of disability evaluation for the pain in Korea. Methods : Pain can be rated as a PI by the Workmen's Compensation Insurance Act (WCIA) and Patriots and Veterans Welfare Corporation Act (PVWCA) in Korea. We examined the definition, diagnostic criteria and grades of the pain related disability (PRD) in these two acts. We also examined legal judgments, which were made in 2005 for patients with severe pain. We also compared the acts and the judgments to the criteria of the 6th AMA Guides. Results : The PRD can berated as one of the 4 grades according to the WCIA. The provisions of the law do not limit the pain only for the complex regional pain syndrome (CRPS). The PRD can berated as one of the 3 grades by the PVWCA. If there were objective signs such as osteoporosis, joint contracture and muscle atrophy corresponding to the CRPS, the grade is rated as 6. When the pain always interferes with one's job except easy work,the grade is rated as high as 5. In Korea, judicial precedents dealt the pain a sa permanent disability in 2005. Conclusion : Although there were no objective criteria for evaluation of the PRD, pain has been already rated as a PI by the laws or judicial precedents, in Korea. Thus, we should regulate the Korean criteria of PRD like the AMA 6th edition. We also should develop the objective tools for evaluation of the PRD near in future.

• Journal of the Korean Society of Costume
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• v.66 no.1
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• pp.28-41
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• 2016

This paper is aimed at intensively examining the scope of legal protection for fashion designs under the Design Protection Act of Korea. For this purpose, this looked into how the Act defines the concept of design, its requirements, and the prerequisites for acquiring design rights. The study also reviewed statutory interpretations over the judgment of the identity and similarity of designs. For more practical and substantial discussions, this research utilized cases and precedents, which had relevant legal principles. This study also figured out how both the requirements for a design definition - such as merchantability, configuration, visibility, and aesthetics - and the prerequisites for acquiring design rights - like industrial applicability, novelty, and creativity - are interpreted and utilized in actual circumstances. The authors expressed their opinions regarding the criteria of judging the identity and similarity of designs, based on a study of previous cases. Previous rulings show that aesthetics of the exterior design is used as the criteria for determining whether a design is same or similar. So, two designs, which have different specific details, are deemed same or similar, if both designs show similarity in the dominant elements. This is because both designs will produce similar aesthetic qualities. However, if the dominant elements of a design are part of the public domain, and the specific details characterize the design, the latter has to be evaluated in the process. This paper examined scope of legal protection for fashion designs using relevant precedents. The study may serve as academic materials that lead to the establishment of rightful ownership in creative activities.

• Journal of Cadastre & Land InformatiX
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• v.47 no.2
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• pp.61-78
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• 2017

When a boundary dispute occurs between landowners of adjoining lands, a court deals with a boundary violation on the basis of cadastral register. Boundary relocation surveying is one which reconstructs a boundary in cadastral register on actual land. Boundary relocation surveying includes most of surveyings related with the civil case such as restoration of land and demolition of building and a surveying result affects a ruling critically. However, boundary relocation surveying depends on surveying technician's knowledge and experiences and can lead to different surveying results. This study reviews legal principles of boundary relocation surveying by analyzing law practice of boundary relocation surveying which is used for solving a boundary dispute between landowners of adjoining lands and by examining related laws and Supreme Court precedents. The study seeks to contribute to consistent and reliable results of surveying by leading surveying technician to carry out a boundary relocation surveying on the basis of judicial doctrines.