• Ocean and Polar Research
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• v.33 no.4
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• pp.485-495
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• 2011

On February 11, 2011, upon request of the International Seabed Authority, 'the Seabed Dispute Chamber of the International Tribunal for the Law of the Sea(henceforth Chamber)' rendered its advisory opinion on the responsibilities and obligations of States sponsoring persons and entities with respect to activities in the Area. The advisory opinion covered three questions: What are the legal responsibilities and obligations of the sponsoring states with respect to the sponsorship of activities in the Area? What is the extent of liability of a State Party for any failure to comply with the LOS Convention and relevant instruments? What are the necessary and appropriate measures that a sponsoring State must take in order to fulfil its responsibilities? In particular, the Chamber delivered its opinion on the different responsibilities and obligations of developed and developing sponsoring states. This paper reviews the above three questions through analyzing the advisory opinion and makes some recommendations for the fulfillment of the responsibilities and obligations of Korea as a sponsoring states.

• International Commerce and Information Review
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• v.6 no.2
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• pp.339-358
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• 2004

This article discusses the critical issues on obligations and responsibilities in electronic funds transfer(EFT) between Article 4A of the UCC and the Model Law on International Credit Transfers of UNCITRAL. The electronic fund transfers begin with the issue of the payment order by the originator to the receiving bank for the beneficiary. All obligations and responsibilities of parties concerned occur when the receiving bank accept the originator's payment order to executes. So far, some the most compelling studies have focused on the legal obligations and responsibilities of electronic fund transfer in Korea. Therefore, In this paper, we would like to examine some problems of obligations and responsibilities in electronic fund transfer from Article 4A of UCC and the Model Law on International Credit Transfers of UNCITRAL. And also we present some Implications to reform EFT Law for the efficient application.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.101-133
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• 2012

The paper aims to analyse the obligations and Responsibilities of shipper in the Rotterdam Rules. The Rotterdam Rules, has underlying intention that it will provide uniform law for the international carriage of goods by sea. It is highly expected that the Rotterdam Rules will create the new international legal regime replacing Hague-Visby Rules and Hamburg Rules. Rotterdam Rules provide the obligations and responsibilities of shipper in express. The shippers obliged to provide, (a) duty as to the condition in which the cargo has to be delivered to the carrier, (b) cooperation of the shipper and the carrier in providing information and instruction, and (c) shipper's obligation to provide information, instructions and documents. The shipper is liable for loss or damage sustained by the carrier if the carrier proves that such loss or damages was caused by a breach of the shipper's obligations. However, the shipper is relieved of all or part of its liability if the cause or one of the causes of the loss or damage is not attributable to its fault or to the fault. But, the shipper shall indemnify the carrier against loss or damage resulting from the inaccuracy of such information. Rotterdam Rules is providing rather concrete as to the shipper's responsibilities and burden of proof in separate chapter. The question is whether such burden of proof of the fault should be imposed to the shipper.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.57-127
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• 2008

In medical malpractice lawsuits, negligence is generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from a foreseeable risks of harm. Thus, the essence of negligence is a breach of obligations to be attentive, and the breach of obligations to be is negligence. However, whether negligence is or not depends on time, place, litigation forms and the judge since the meaning of negligence is wavering on the basis of abstract and normative judgment. In this thesis, what is medical negligence, a breach of obligations of attention for a doctor in medical malpractice lawsuits, would be it further enacted that doctors have the responsibility to protect the patients as a subordinate duty due to a principle of faith and sincerity besides the main duty for medical contract-performance since the suit is a litigation form to be based on responsibilities of experts, especially doctors, though having factors that are non-contractual as a trait for medical treatment. Further on the concept, when the plaintiff asserts and proves a specific fact from the recent moderation of the burden of proof about medical malpractices, whether the court should find a true bill in medical malpractice actually or not has been discussed.

• Journal of the Society of Disaster Information
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• v.18 no.2
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• pp.314-323
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• 2022

Purpose: To study the effect of the amended Occupational Safety and Health Act on the expansion of the employer's responsibility and obligations and the evaluation of the employer on the improvement of the safety management system. Method: An academic discussion was conducted by comparing the contents of previous studies with the analysis results. A questionnaire was prepared using the measurement tools collected from previous studies, and statistical multiple regression analysis was performed with the collected data. Result: Research hypothesis It was found that the expansion of responsibility and obligations of the business owner and the reinforcement of the employer's evaluation of the ordering party had a positive (+) effect on the improvement of the safety management system. Conclusion: The expansion of the responsibility and obligations of the employer and the strengthening of the evaluation of the owner of the orderer are having a positive effect on the improvement of the construction safety management system for the prevention of construction accidents.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.23 no.2
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• pp.57-62
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• 2015

As the issuance of type certificate and production certificate for KC-100 Naraon, Korea is ranked as the State of Design and the State of Manufacture for civil aircraft specified in the Convention on International Civil Aviation. It means that another responsibilities are imposed and new frameworks are required for the airworthiness management including the continuing airworthiness. So far the minimum airworthiness management system was sufficient as the State of Registry for the aircraft operations and safety management. However, we need to establish and maintain the airworthiness management system for the effective certification and oversight of our air operators and approval holders. This paper introduces the new obligations under the Convention on International Civil Aviation, reviews the current aviation regulations and procedures and presents the strategy for the establishment of the regulatory system to ensure the airworthiness of aircraft.

• Research in Community and Public Health Nursing
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• v.9 no.2
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• pp.303-312
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• 1998

The purpose of this study was to survey the knowledge level, attitude and practice of nurses toward their work. The subjects of the study were composed of 98 nurses from 3 general hospitals, 1 oriental medical hospital, 2 health centers and several community health posts and schools. Data were collected from May to October, 1998. In data analysis, an SPSS PC program was utilized for descriptions. 1) 16 nurses (16.3%) experienced medical accidents on the 7 nurses(7.1%) 1 time, 6 nurses (6.1%) 2 times, and 3 nurses(3.1%) 3 times. 2) Concerning knowledge of their legal obligations ; the prohibition of telling secrets was .89, the prohibition of reading medical records was .58, the keeping of medical records was 1.0 and the teaching of recuperation was. 79. The total mean score was. 86. Concerning attitude and practice; the prohibition of telling secrets was 81.6%, 63.3%. The prohibition of reading medical records was 61.2%, 60.2%. The keeping of medical records was 98%, 98%. The explanation for treatment, care and test was 91.8%, 66.3%. The teaching for recuperation was 63.3%, 63.3%. 3) Knowledge of their legal responsibilities; 29. 6% of the subjects thought that they should report a medical accident to their headnurse, but 75.5% of the subjects actually reported to the headnurse. 39.8% of the subjects thought that nurses were liable for the faults of nursing aides. The total mean score was .45. 46% of the subjects asked a senior staff's advide on difficult affairs. Nurses obeyed legal obligations when concern ing the protection of a client, but were passive when concerning self protection. Also, headnurses were required as adviser, guide and advocate.

• Analyses & Alternatives
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• v.7 no.2
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• pp.111-145
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• 2023

This study examines the impact of political connections of Chinese listed firms on CSR(Corporate Social Responsibilities) activities. Firms recognize the political connections as 'non-market strategy' and actively utilize various benefits obtained through them for management activities. In order to utilize these political connections, there is a need for firms to implicitly perform the government's social policy obligations in return for their benefits. In particular, CSR activities in China are one of the government-led social policies unlike in the West, and the government wants firms to solve social problems through active CSR activities. In this background, this study empirically verifies whether firms with political connections are actively carrying out CSR activities required by the government from 2013 to 2019. As a result, Chinese listed firms with political connections have a positive effect on CSR activities. Especially, those with political connections with central government carry out both government benefits and social policy obligations.

• Korean Journal of Social Welfare
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• v.62 no.4
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• pp.79-102
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• 2010

This paper aims to analyse the recent changes in social welfare services from a relational perspective. Discourses of the privatization of welfare state, the welfare mix approach, and consumerism have provided frames for interpreting the changes in social services in Korea. The nature of social welfare services, being a "relational goods" requires its focus to be in its relational aspects: the relation between service user and service practitioner; the relation between service user and provider; the relation between service user and government; the relation between service practitioner and provider; the relation between service practitioner and government; and the relation between service provider and government. Analysis of such relations will explore their transformation toward formalness and equality in social welfare services. In conclude, the study reveals a process of modernization, defined as a transition from informal relations to formal contractual relations, based on one's rights, responsibilities and obligations. Previous relations, of paternalistic, arbitrary and hierarchical characteristics, can be seen as being substituted by more formal, institutionalized and equalized relations. In terms of service purchasing contract between service user and service provider and employment contract between service provider and service worker are recognized with the latter characteristics. This relational analysis leads a discussion concerning the creation of institutional basis of one's rights and responsibilities in the fields of social welfare services in Korea.

• Journal of Korea Port Economic Association
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• v.38 no.2
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• pp.69-80
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• 2022

Road transportation accounts for the largest share of cargo transport in Korea. Inland transportation is not only the beginning and completion point of container transportation, but it is also very complex and has many workers. The main job of container drivers, who play a key role in inland logistics, is to transport containers from ports and terminals to destinations. However, in addition to the main role, various container management obligations, such as cleaning containers and managing damaged containers during the transportation process, are implicitly transferred to container drivers. However, little research has been conducted on this issue. This study identified the working environment of container drivers and empirically analyzed the current status of container management responsibilities by drivers. Furthermore, it analyzed whether there was a difference in the degree of container management requirements by shipping company, terminal, and shipper. Differences in requirements for region(Busan, Kwangyang, Pohang) were analyzed, and improvement measures for the problem of transferring container management were also presented.