• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.413-459
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• 2008

The Law has intervened to define rare circumstances in which a person should choose continuing life in United States. On the one hand, the law has traditionally acted to preservelife and to respect the sanctity of life. On the other hand, one's control over one's own body, and the right to determine what kind of medical care one will receive, is equally well respected and historically grounded. The competent patients have the right to forgo life-sustaining treatment, courts in United States have left many unanswered questions about the nature of that right. The right to choose to forgo life-sustaining treatment is a manifestation of a patient's autonomy interest. In United States, The Karen Quilan case gave rise to legislative activity in the host of state capitals, and several states had adopted statutes that formally recognized some forms of written directives describing some circumstances in which certain kinds of medical care could be terminated. These statues were sometimes dominated 'living will' acts, sometimes 'right to die' acts and ocasionally 'natural death' acts. Today virtually every state has produced a living will statue. In Korea, courts do not permit a terminally ill person to withhold or withdraw life-sustaining treatment. Living wills apply in case of terminal illness owing to a defect in legislation. Now In Korea, these lively dispute of legal policy on the preconditions and concrete procedure of living will act and natural death act. Through the legislation of living will act and natural death act, we should prepare some circumstances to respect patient's autonomy on the right to die. We should frame the cultural standard to make a decision of forgoing life-sustainin1g treatment under the discreet procedure.

• Journal of Chest Surgery
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• v.32 no.4
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• pp.404-407
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• 1999

Spontanous hematoma of the esophagus is a rare condition affecting middle aged or elderly women. We experienced one case of esophageal hematoma which attracted our attention due to its confusing presentation clinically. The pathogenesis has been in dispute so far. The diagnosis has traditionally been made by barium esophagogram. We proved the diagnosis of spontaneous hematoma of the esophagus by utilizing CT scan and MRI. This condition led to conservative treatment and full recovery ultimately, but we performed the surgical correction because the filling defect persisted and the dysphagia got worse on the 20th day of hospital stay. Hematoma was located between the inner layer of circular muscle and the outer layer of longitudinal muscle which we considered as intermuscular hematoma of the esophagus.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.107-132
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• 2019

The arbitration procedure, which is a private trial, does not have a separate enforcement agency. Therefore, unless a party consents to the arbitration award and voluntarily fulfills the award, its execution is accomplished through the implementation of the national court. In particular, the decision in the foreign arbitration procedure will be refused or rejected for the arbitration award in case the proceedings of the law and procedure on which the judgment is based are caused by inconsistency with the domestic law or procedural defect. However, all foreign arbitration awards generally do not have to go through the approval process, and it will come into force with the arbitration award. In the case of Germany in the revision of the German Civil Procedure Act of 1996, the main provisions of the New York Convention concerning the ratification and enforcement of arbitration proceedings are reflected. Germany provides for the arbitration procedures in the arbitration proceedings of Book 10 of the Civil Procedure Act. Particularly, with Article 1061 in Book 10 Section 8 below, the approval and enforcement of foreign arbitrators shall be governed. Article 1061 has been referred to as "The New York Convention on the Recognition and Enforcement of Foreign Jurisdictions," Article 5 (1). The main reasons for approval and enforcement rejection are: (1) Reason for the acceptance or refusal of enforcement by request of the parties: Reason for failure of subjective arbitration ability, invalidation of arbitration agreement, collapse of attack or defense method, dispute not included in arbitration agreement, (2) Reasons for the approval and enforcement of arbitration considered by the competent authority of the arbitrator: violation of objective arbitration ability, violation of public order, but not based on the default of German statute.

• Journal of Auto-vehicle Safety Association
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• v.13 no.3
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• pp.78-85
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• 2021

Recently a traffic accident of heavy duty vehicles under the mandatory installation of ADAS (Advanced Driver Assistance System) is often reported in the media. Heavy duty vehicle accidents are normally occurring a high number of passenger's injury. According to report of Insurance Institute for Highway Safety, FCW (Forward Collision Warning) and AEB (Automatic Emergency Braking) were associated with a statistically significant 12% reduction in the rate of police-reportable crashes per vehicle miles traveled, and a significant 41% reduction in the rear-end crash rate of large trucks. Also many countries around the world, including Korea, are studying the effects of ADAS installation on accident reduction. Traffic accident statistics of passenger vehicle for business purpose in TMACS (Traffic safety information Management Complex System in Korea) tends to remarkably reduce the number of deaths due to the accident (2017(211), 2018(170), 2019(139)), but the number of traffic accidents (2017(8,939), 2018(9,181), 2019(10,095)) increases. In this paper, it is introduced a traffic accident case that could lead to high injury traffic accidents by being equipped with AEB in a bus. AEB reduces accidents and damage in general but malfunction of AEB could occur severe accident. Therefore, proper education is required to use AEB system, simply instead of focusing on developing and installing AEB to prevent traffic accidents. Traffic accident of AEB equipped vehicle may arise a new dispute between a driver's fault and vehicle defect. It is highly recommended to regulate an advanced event data recorder system.

• Korean Journal of Construction Engineering and Management
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• v.8 no.5
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• pp.101-108
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• 2007

To execute a construction project, many construction participants are engaged in the project. Especially many subcontactors role is very important, but their contract statute seems weaker rather than prime contractor. So to protect the subcontractor and to activate fair subcontract, Fair Transactions in Subcontracting Act was enacted. Direct payment to subcontractor clause of the act can protect subcontractor from the fear of insolvency of prime contractor, on the other hand can cause dispute about the interpretation of defect liability. Therefore the positive act and regulation were examined, and the effects of direct payment to subcontractor were analyzed. And the treatment direction of direct payment were suggested in this paper. Summary is as follows; (1) Statute of subcontractor for the ordering subject must be considered (2) Contract relationship must be reflected in the performance bond, subcontract bond, and subcontract construction conditions (3) To clarify the defect liability for the direct payment, retainage to guarantee the repair during contract period may be reflect on the subcontract construction conditions.

• Journal of Software Assessment and Valuation
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• v.17 no.2
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• pp.11-17
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• 2021

In this study, problems of software completeness appraisal are pointed out and their solutions are presented by analyzing appraisal cases and judicial precedents. Completeness appraisal, ready-made appraisal, defect appraisal, and cost appraisal have been classified as and have been evaluated with extant software completeness appraisals. From a legal point of view, and in judicial precedents, however, there is a big difference between the definition of completeness and the completion rate. This is because the degree of completeness is evaluated under the premise that the software's development is complete, whereas the ready-made appraisal inspects the development progress of unfinished software. Often, in cases involving software completion rate, the total completion level is calculated by weighting each step of the software development process. However, completeness evaluations use the software's realization-operation as its sole criterion. In addition, another issue not addressed in existing software completeness appraisal cases is that there is no mention of who is responsible for software defects, whereas in case law, the responsible party is determined by finding who caused the dispute. In this paper, we systematically classify these problems, and present a novel evaluation method that separates software completeness evaluations from software completion evaluations.