• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2019.11a
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• pp.137-138
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• 2019

The International Maritime Organization (IMO) adopted the Circular 101 (MSC / Circ. 1604) as an interim guidelines for MASS trials at the 101st Maritime Safety Committee. This guideline will be used as a guideline for the sea trials of Maritime Autonomous Surface Ships(MASS) in the future and will be used by government authorities and stake-holders to secure infrastructure for MASS safety, environmental protection and remote operation. The purpose of this study is to analyze the Interim Guidelines for MASS Trials adopted by IMO and to clearly classify the responsibilities and obligations of governments of stake-holders, and to present the main points of risk management necessary for maritime test operation from the perspective of human factors.

• Korean Journal of Construction Engineering and Management
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• v.23 no.6
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• pp.76-88
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• 2022

The death toll in the Korean construction industry accounts for more than 50% of all business deaths. This is the highest level among OECD countries, and the government has proposed various solutions to this, but has not seen any significant effect. In order to strengthen safety responsibilities and obligations to CEOs of companies in the blind spot of punishment, including those who have the greatest authority and influence in the construction industry, the Moon Jae In government strengthened various laws, including legislation of the Serious Accidents Punishment Act. However, at this point in time, half a year later, it is still questionable whether such punishment has been strengthened and the effectiveness of fragmentary measures has been exerted. This paper attempted to present legislative policy directions for the problems of the current system and future improvement measures to contribute to reducing significant accidents in the CM/supervision industry among the various subjects of the construction industry.

• Maritime Security
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• v.6 no.1
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• pp.37-56
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• 2023

Recently, with the rapid development of ICT(Information and Communication Technology) and AI(Artificial Intelligence) technology industries, the emergence of MASS(Maritime Autonomous Surface Ship), which were thought only in the distant future, is approaching a reality. Along with the development of these amazing technologies, changes in the private law sector, such as liability, compensation for damages, and maritime insurance, as well as in the public law sector, such as maritime safety, marine environment protection, and maintenance of maritime order, have become necessary in the field of maritime law. In particular, with the advent of a new type of ship called MASS that does not have a crew on board, the kind and type of liability, compensation for damages, and insurance contracts in the event of a marine accident will also change. In this paper, the general theory about concept, classification, effectiveness and future of MASS and the general theory about concept and various obligations and responsibilities under the maritime law for discussion of MASS are reviewed. Next, in addition, regarding the problems that may occur in the event of a marine accident from MASS, the status as a ship, the legal relationship of the chartering contract, obligation to exercise due diligence in making the vessel seaworthiness, subject of responsibility, and liability for damages and immunity are reviewed from the perspective of maritime law. In addition, in the degree four of MASS, the necessities of further research to clarify the attributable subjects and standards of responsibility in the event of a marine accident, as well as the necessities of institutional improvement such as technology development, enactment and amendment of law and funding are presented.

• Cross-Cultural Studies
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• v.41
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• pp.321-349
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• 2015

This paper is to make a comparative study between George Sand and Na Hye-sok through their lives and works. The research found that George Sand and Na Hye-sok had similar views about the institution and social system of their age. Both women were aware of importance and necessity of education and the arts but showed a clear distinction between their beliefs in education and the arts. George Sand found that education was an indispensable part of women's lives but found that educationforwomentotheageofSandwasuseless. For this reason she continued to assert a substantial reform concerning women's education. In addition, she argued that everyone should have been given the same opportunities regardless of gender or class. Na Hye-sok, meanwhile, looked at women's education in a more realistic perspective, that is to say to make money. The two women showed remarkable differences in the view of art. This is evident from the presence of a responsibility and a sense of purpose as an artist. George Sand was imbued with a sense of purpose and clarified her own belief at the beginning of her activities as a writer. She wanted to inform the suffering of the weak through her writing and to contribute to build a Utopia where everyone could be happy to live beyond the boundaries of gender. However, Na Hye-sok did not reveal her own clear sense of purpose to her art activities. Art is not just a job - it's a vocation. Na Hye-sok was enthusiastic but didn't have a sense of purpose. She should have had a vocation and a sense of purpose. Na Hye-sok was lacking of responsibilities and obligations as a pioneer of Western painting. If there were a distinct vocation and a sense of purpose to Na Hye-sok as an artist, she would have left a trail as valuable as that of George Sand.

• The Journal of the Korea Contents Association
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• v.12 no.4
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• pp.485-494
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• 2012

The role of admissions officers in universities is to evaluate applicants from a comprehensive perspective on the basis of diverse bases and materials for evaluation that include not only quantitative, but also qualitative information about applicants. Therefore, the crucial key to ensuring the success of the admissions officer system is to ensure the fairness of admission-related decisions and the integrity of individual admissions officers by urging them to render impartial evaluations based on professionalism and avoidance of bias. This study selected the major realm of the ethical education for admission officers on the basis or experts' opinions, and documentary research, and tried to secure the validity of the composed educational contents through the in-depth interviews and discussions with the incumbent admissions officers. The program must handle subjects that are intimately related to the actual experience of many admissions officers, and must be capable of inducing voluntary compliance from the officers. Therefore, the program suggested by this study focuses on three core areas of ethics: that is, 'interaction with society,' 'ethics and responsibilities involved in admission,' and 'legal obligations and roles of admissions officers.' To this end, it provides twelve sub-topics and learning materials. Providing this kind of ethical education programs for admissions officers will help not only to enhance the professionalism and ethical commitments of admissions officers, but also broadly to establish a fairer and more reliable admissions officer system.

• Journal of Navigation and Port Research
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• v.37 no.2
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• pp.203-210
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• 2013

In spite of adoption of various IMO Conventions over the past, the reason why large vessel accidents related to human life and marine environment occur is that the IMO Conventions are not effectively implemented due to contravention of the conventions by flag states. In particular, the implementation of the conventions are not well being performed because some flag states having weak genuine link between them and vessels haven't set up proper personal and structural organizations in charge of maritime safety and marine environment protection. From this background, IMO Resolution A.946(23) on the voluntary IMO Member-state Audit Scheme was adopted at the 23rd Assembly in Nov. 2003 and the Scheme is expected to be executed compulsorily in 2015 through the adoption of the IMO Resolution A.1018(26) in Nov. 2009. Accordingly, this study examined outline of the IMO Member-state Audit Scheme and the Code for the Implementation of Mandatory IMO Instruments used for the audit standards of this scheme. In addition, this study reviewed the member-states' obligations and responsibilities according to the compulsory implementation of the member-state audit scheme in 2015. Based on this, this study suggested the enhancement measures for maritime education and training of maritime education institutions of the Republic of Korea to cope positively with compulsory implementation of the IMO Member-state Audit Scheme.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.27-62
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• 2002

The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.199-247
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• 2012

According to the review and analysis of medical cases that are assigned to the Supreme Court and all local High Court in 2011 and that are presented in the media, it was found that the following categories were taken seriously, medical and pharmaceutical product liability, the third principle of trust between medical institutions, negligence and causation estimation, responsibility limit, the meaning of medical records and related judgment of disturbed substantiation, Oriental doctors' duties to explain the procedures, IMS events, whether one can claim for each medical care operated by non-physician health care institutions to the nonmedical domain in the National Health Insurance Corporation, and the basis of norms for each claim. In the cases related to medical pharmaceutical product liability, Supreme Court alleviated burden of proof for accidents with medical and pharmaceutical products prior to the practice of Product Liability Law and onset the point of negative prescription as the time of damage strikes to condition feasibility of the specific situation. In the cases related to the 3rd principle of trust between medical institutions, the Supreme Court refused to sentence the doctor who has trusted the judgment of the same third-party doctors the violations of the care duty. With respect to proof of a causal relationship and damages in a medical negligence case, the Supreme Court decided that it is unjust to deny negligence by the materials of causal relationship rejecting the original verdict and clarified that the causal relationship shall not deny the reasons to limit doctors' responsibilities. In order not put burden on patients with disadvantages in which medical records and the description of the practice or the most fundamental and important evidence to prove negligence and causation are being neglected, the Supreme Court admitted in the hospital's responsibility for the case of the neonate death of suffocation without properly listed fetal heart rate and uterine contraction monitor. On the other hand, the Seoul Western District Court has admitted alimony for altering and forging medical records. With respect to doctors' obligations to description, the Supreme Court decided that it is necessary to explain the foreseen risks by the combination of oriental and western medicines emphasizing the right of patient's self-determination. However, questions have arisen whether it is realistically feasible or not. In a case of an unlicensed doctor performing intramuscular stimulation treatment (IMS), the Supreme Court put off its decision if it was an unlicensed medical practice as to put limitation of eastern and western medical practices, but it declared that IMS practice was an acupuncture treatment therefore the plaintiff's conduct being an illegal act. In the future, clear judgment on this matter should be made. With respect to the claim of bills from non-physical health care institutions, the Supreme Court decided to void it for the implementation of the arrangement is contrary to the commitments made in the medical law and therefore, it is invalid to claim. In addition, contrast to the private healthcare professionals, who are subject to redemption according to the National Healthcare Insurance Law, the Seoul High Court explicitly confirmed that the non-professionals who receive the tort operating profit must return the unjust enrichment and have the liability for damages. As mentioned above, a relatively wide range of topics were discussed in medical field of 2011. In Korea's health care environment undergoing complex changes day by day, it is expected to see more diverse and in-depth discussions striding out to the development in the field of health care.

• Ocean and Polar Research
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• v.37 no.4
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• pp.341-356
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• 2015

A nation has a sovereign right to develop and use its natural resources according to its policies with regard to development and the relevant environment. A nation also has an obligation not to harm other countries or damage environments of neighboring countries as consequences of such actions of developments or use of natural resources. However, international precedents induce a nation to take additional actions not to cause more damages from the specific acts causing environmental damages beyond national borders, when such acts have economic and social importance. That is to say that there is a tendency to resolve such issues in a way to promote the balance between the mutual interests by allowing such actions to continue. A solution to China's Three Gorges Dam dilemma based on a soft law approach is more credible than relying on a good faith approach of national responsibilities and international legal proceedings since the construction and operation of the dam falls within the category of exercising national sovereign rights. If a large scale construction project such as the Three Gorges Dam or operation of a nuclear power plant causes or may cause environmental damage beyond the border of a nation engaged in such an undertaking, countries affected by this undertaking should jointly monitor the environmental effects in a spirit of cooperation rather than trying to stop the construction and should seek cooperative solutions of mutual understanding to establish measures to prevent further damages. If China's Three Gorges Dam construction and operation cause or contain the possibility of causing serious damages to marine environment, China cannot set aside its national responsibility to meet international obligations if China is aware of or knows about the damage that has occurred or may occur but fail to prevent, minimize, reverse or eliminate additional chances of such damages, or fails to put in place measures in order to prevent the recurrence of such damages. However, Korea must be able to prove a causal relationship between the relevant actions and resulting damages if it is to raise objections to the construction or request certain damage-prevention actions against crucial adverse effects on the marine environment out of respect for China's right to develop resources and acts of use thereof. Therefore, it is essential to cumulate continuous monitoring and evaluations information pertaining to marine environmental changes and impacts or responses of affected waters as well as acquisition of scientific baseline data with observed changes in such baseline. As China has adopted a somewhat nonchalant attitude toward taking adequate actions to protect against marine pollution risks or adverse effects caused by the construction and operation of China's Three Gorges Dam, there is a need to persuade China to adopt a more active stance and become involved in the monitoring and co-investigation of the Yellow Sea in order to protect the marine environment. Moreover, there is a need to build a regular environmental monitoring system that includes the evaluation of environmental effects beyond borders. The Espoo Convention can serve as a mechanism to ease potential conflicts of national interest in the Northeast Asian waters where political and historical sensitivities are acute. Especially, the recent diplomatic policy advanced by Korea and China can be implemented as an important example of gentle cooperation as the policy tool of choice is based on regional cooperation or cooperation between different regions.

• Journal of Legislation Research
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• no.53
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• pp.593-631
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• 2017

Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.