• 한국조경학회지
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• 제28권4호
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• pp.91-104
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• 2000

The traditional village, which is subject for this paper, can be defined as a community having unique combinations of natural, cultural, and social characteristics of that nation, which reflects settlement environments during hundreds of years. Now, in spite of tis potential power of traditional village, national strategies do not find satifsactory directions in Korea. In terms of this concenrs, this paper tries to analyze and diagnose about successful precedents(Tsumage village and Shiragawa village, Japan) with focus on the village management. And this paper aims to explore concrete management systems of Japanese cases, to find clues for practical application, and to suggest several instructive concepts in the light of management system of traditional village management. The analysis is progressed in three viewpoints(village space, village attraction, and village community). And it is extracted that diverse management systems are necessary to secure sustainable traditional village and their way of life, particularly in the face of the pressure of tourism. As a result of exploring of Japanese two cases, representative characteristics, which are found, are as follow; Fist, objective of management is not tourism development but maintenance of sustainable life system. Second, management systems are having not compulsory but spontaneous open decision making process, and in particular, village management is mainly operated by the local government and semipublic institute(inhabitants-oriented0 which have the strongest influential power in village composition units. Finally, village management programs are mostly experience-type and are composed of public law and regulations, diverse operation program, and individual efforts of inhabitants for village management. Because this paper mainly focused on two precedents, there should be more diverse cases. however, extracted conclusions have practical meanings for village management and can be used in re-establishing management concepts of Korean traditional villages.

• Archives of Plastic Surgery
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• 제44권4호
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• pp.283-292
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• 2017

Background Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. Methods Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed. Results Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount. Conclusions When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.

• 의료법학
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• 제15권2호
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• pp.435-459
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• 2014

Supreme Court of Korea has been mitigating the burden of proof on the malpractice and causal relation by a patient in accordance with the practical transfer of such burden of proof on causal relation as well as relieving a doctor's burden of proof on mistake in the civil damage claim suits on the malpractice. However, a prosecutor shall strictly prove the causal relation between malpractice and unfavorable results as well as a doctor's mistake in the criminal cases for making a doctor accept the professional negligence resulting in death or injury in accordance with In Dubio Pro Reo principles. Furthermore, it shall not be allowed to relieve the burden of proof on malpractice and causal relation which has been frequently applied in the civil proceedings. Nevertheless, it was widely known that the front-line courts accepted the malpractice and causal relation by quoting the legal principles on relieving the burden of proof on malpractice and causal relation applied in the civil cases even in criminal cases with no or insufficient proof on malpractice or causal relation. However, the latest precedents in Supreme Court explicitly declared the opinion that there was no reason to apply the legal principle to relieve the burden of proof on the malpractice and causal relation in the criminal cases requiring the proof 'which doesn't cause any reasonable doubt' on malpractice and causal relation in accordance with the legal principles 'favorable judgment for a defendant in case of any doubt' on the basis of the strict principle of 'nulla poena sine lege.' Accordingly, Supreme court definitely clarified that there would be no reason to relieve the burden of proof on malpractice and causal relation in criminal cases by reversing several original judgments accepting malpractice and causal relation even though there were no strict evidence.

• 대한한방내과학회지
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• 제40권4호
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• pp.597-611
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• 2019

Objective: The goals of this study were to analyze each of the reasons adopted by the Constitutional Court or the Courts for Decisions determined to permit the use of medical devices by Korean medicine doctors and to look at the medical devices from a Korean medical perspective. Materials and Methods: For this study, several judicial precedent databases were used for searching judicial precedents that handle the usage of medical devices by Korean medicine doctors. Prior studies on similar issues were considered. The Korean medicine textbooks and related research studies were also used in this study. Results: From 2000 to 2018, a large number of lawsuits were filed regarding the legality of Korean medicine doctors using medical devices; approximately 20 final judgments or decisions were made. Among them, only two cases determined that Korean medicine doctors could legally use medical devices. Conclusion: The decisions in both cases could be interpreted as the judgments that Korean medicine doctors were allowed to use a medical device whose use or operating principles were commonly incorporated with Korean medical principles. That was provided that training was sufficient in the use of the medical device, to the extent that it could be used and that such use of the medical device was not feared to pose a health hazard.

• 근관절건강학회지
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• 제28권1호
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• pp.30-40
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• 2021

Purpose: This study aims to present nurses' legal conflicts and legal basis through the precedent analysis of a crime of professional negligence resulting in death and injury for the past 20 years and provide vital references to cultivate the correct and high-level legal consciousness of nurses. Methods: This study was conducted in five stages of the systematic content analysis method. It amalyses the precedents of a crime of nurses' professional negligence resulting in death and injury from 2000 to 2020. The application system for the provision of the written judgment was used to collect precedents. A total of 67 cases were analyzed in this study, and they were classified according to the type of nursing error, and the contents were systematically analyzed. Results: A total of 52 cases (77.5%) of nursing errors were caused by independent nursing practices. They were classified as 38 cases (A1) in the violation of patient supervision obligations, 12 cases in the violation of progress observation obligations (A2), one case in the violation of medical equipment inspection obligations (A3), and one case in the violation of explanation and verification obligations. Among the non-independent nursing practices (code B), B1 was 10 cases related to administrative acts, one blood transfusion accident (B2), and one anesthesia accident (B3). Conclusion: To prevent nurses from being involved in legal confits, the advocation of systematic training such as nurses' legal obligations and judgment grounds through case-based learning from the recent precedent analysis and promote nurses' legal perspective, and preventive activities are essential.

• 한국컴퓨터정보학회논문지
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• 제27권11호
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• pp.57-66
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• 2022

본 논문에서는 Sentence-BERT 모델을 활용한 법률 문서 검색 방법을 제안한다. 법률 검색 서비스를 이용하고자 하는 일반인들은 법률 용어 및 구조에 대한 이해가 부족함에 따라 관련 판례 검색 등에 있어 어려움을 겪고 있다. 기존의 키워드 및 텍스트마이닝 기반 법률 검색 방법은 판결문의 문맥에 대한 정보가 없으며, 동음이의어 및 다의어에 대해 구분하기 어려워 성능을 높이는 데 한계가 있었다. 그로 인해 법률 문서 검색 결과에 대한 정확도가 낮아 신뢰하기가 어려웠다. 이를 위해, 대법원 판례 및 법률구조공단 상담사례 데이터에서 일반인의 법률 검색 문장에 대한 성능을 개선하고자 한다. Sentence-BERT 모델은 판례 및 상담 데이터에 대한 문맥 정보가 임베딩 되므로, 문장의 의미 손실이 적어 TF-IDF 및 Doc2Vec 검색 방법과 비교했을 때보다 검색 정확도가 개선된 것을 확인할 수 있었다.

• 무역학회지
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• 제42권5호
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• pp.253-290
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• 2017

최근 해외자회사로부터 본사로 행해지는 역지식이전에 대한 실증적 관심이 크게 증가하였다. 하지만 동 현상에 영향을 미치는 주요 요소들에 대한 논쟁은 아직 일반적인 합의를 이루지 못했다. 이에 따라 본 연구는 현지 시장 정보를 본사에 역지식이전 하는데 있어 자회사가 보유하고 있는 지식이전능력이 갖는 효과에 대해 알아보고자 하였다. 그렇게 하는 과정 속에서, 또한 외재적 지식이전능력과 역지식이전 간 관계에 시현하는 내재적(즉, 본질적인) 지식이전능력의 조절효과를 살펴보고자 시도하였다. 한국에서 수집된 데이터를 통해, 본 연구는 지식개발능력과 자회사의(지식이전) 의지가 본사로의 성공적인 역지식이전에 결정적인 역할을 수행함을 발견하였다. 더욱이 자회사의 의지는 지식개발능력과 역지식이전의 관계에 중요한 조절효과를 가짐을 실증하였다. 이러한 결과들을 바탕으로, 본 연구는 이론적 기여 및 실용적 시사점을 제공하고자 노력하였다.

• 의료법학
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• 제25권1호
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• pp.3-58
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• 2024

It has become a general idea today that the characteristics of medicine should be considered as a basis when discussing a medical personnel's duty of care and whether or not it has been violated, and when discussing its duty of explanation and whether or not it has been fulfilled in medical practice. However, in the discussion of its characteristics, some shortcomings still exist, so the need for a re-discussion has been raised. Firstly, existing discussions on characteristics have failed to comprehensively grasp and explain the characteristics of medical practice. Secondly, in some researchers' arguments, there are discrepancies between the terms used to express characteristics and their conceptual definitions or content. Thirdly, the lack of exemplified cases that reflect the characteristics of medicine - especially Supreme Court precedents - has led some to think negatively about the recognition and reflection of certain characteristics. In my early writings, I have described five characteristics of medical practice: 'conflict in medical goals', 'initiating appropriate medical actions (progression of illness)', 'dynamics of medical intervention (diversity of symptoms)', 'diversity of medical effects', 'inherent risk of medical treatment (invasiveness)'. In this paper, keeping in mind the reasons for the need for reconsideration, I aim to analyze the characteristics of medicine in detail and cite key parts of representative Korean Supreme Court precedents that reflect each characteristic. The characteristics of medicine extracted from this paper are; There are ten factors, including the legitimacy of the essence of medical practice, timeliness of medical execution, dynamics of medical progress, diversity of medical effects, risk of medical invasion, non-uniformity of medical methods, limitations of medical capabilities, intervention of the medical subject, high degree of medical standards, and maldistribution of medical data.

• 한국정보컨버전스학회논문지
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• 제7권1호
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• pp.71-81
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• 2014

분묘기지권에 대하여는 분묘의 이전에 관한 내용만 토지보상법 시행규칙 제42조에 규정하고 있고, 분묘기지권이라는 본연의 권리는 별도의 규정이 없다. 따라서 분묘기지권의 보상근거 우리 토지보상법의 전체에서 찾아 보면 이장보조비로써 100만원 이내에서 분묘기지권의 가치를 인정한다고 보여지고 이는 분묘기지권 제도의 존손 여부는 별론으로 하고 현재의 법체계하에서 당연한 조치로 생각된다. 다만 관습법상 오랜 세월동안 인정되어 온 분묘기지권에 대한 보상규정은 토지보상법에 명문화 하여 이론을 없애는 입법자의 노력이 필요하다고 생각된다.

• 복식
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• 제66권5호
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• pp.33-48
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• 2016

Upon the needs to draw the judicial elements of creativity in the copyrighted character designs, this paper aims to draw and categorize the elements based on the analysis of preceding court decisions. The results are as follows: the form of body, the features in its face and its composition, the overall image, the degree of personification, and aesthetic sensation. These elements reflect formative skills required to portray the intrinsic quality of a character. This paper is of significant interest in that it suggested the legal basis and elements of creativity in character design to professionals in both areas of design and judicial decisions.