• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.311-338
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• 2008

This paper aims to introduce an overview of the regime of expert witness in the medical malpractice litigation, and to provide a plan of how to make it improved. In regard with medical expert witness, several problems, such as time-consuming procedure, non-neural and unclear opinion without reasons provided, have been pointed out for several years. Lack of skill of the court and plaintiff/defender to question the expert is one of many cause to lead to the above problems. What is questioned to the expert? Because expert witness is used in determining probability of negligence, questions to the expert should be selected on the grounds of whether or not to obtain opinions or facts sufficient to let the judge infer negligence in view of the theory of proof burden established by the Supreme Court. In addition, to avoid non-neutral and unclear opinion, it is necessary to question the expert clearly, specifically and scientifically.

• IE interfaces
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• v.15 no.2
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• pp.126-132
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• 2002

The objective of this study is to provide guidelines for expert witness in product liability lawsuits. The expert testimony is one of the powerful methods to mitigate the burden of the proof in product liability litigations. However, it has been seldomly accepted as a reliable evidence by trial judges because the expert's testimony has sometimes turned out to be illogical and unreliable. In order for the expert testimony to be admittable in the court, the expert should have a thorough understanding of his/her role as an expert witness and follow scientific methodology whose soundness has been generally accepted by both industries and academy.

• The Korean Society of Law and Medicine
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• v.13 no.2
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• pp.115-139
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• 2012

Civil proceedings, surveyed results and medical expenses that are evidenced by expert witness are just one of the methods of proof. Since a judge makes decision by synthesizing all evidences on a concerned case, thus the judgement would be different from that of expert witness. It is not rational for medical institutions, of which priorities are medical treatment, to give priority to disability decision. However, despite of its importance, medical institutions less recognize about the necessity of procedural stability and predictability in expert valuation. It is necessary to identify actual problems and investigate rational alternatives to acquire fairness in valuation procedures and accuracy in calculating future medical expenses. Therefore, this research explores the problems and realities of evaluation process in medical treatments, and then discuss the alternatives of written expert opinion and estimation of future medical expenses.

• Journal of the Korean Society of Safety
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• v.15 no.1
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• pp.53-58
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• 2000

In a car accident in Kyongju, each of the two occupants insisted that he was not driving the car. The accident was investigated to determine who the driver is through careful review of the collision report, the statements of accident and witness, photographs taken at the scene, and the expert report of the National Institute of Scientific Investigation. The accident was reconstructed based on the physical principles, injuries of occupants, damages of the involved vehicles and their final stops. A mistake was found in the expert report.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.179-218
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• 2006

To succeed the claim of medical negligence, the plaintiff should establish the medical profession's fault, and the causation between the fault and damages. The faults are judged on lege artis, which is based on expert witness. However, judges often infer the faults and causations from circumstantial evidences and patients' injuries. This presumptions depend on the law of nature(Erfahrungsgesetz). The law of nature can explain the typical development of the event. If the circumstantial evidences were in accordance with that, the faults and causations would be able to be recognized by the judges. Therefore the standards of comparison such as lege artis or the law of nature play an important role for medical negligence liabilities to be imputed to doctors or hospitals. The factual elements necessary to assume the fault is similar to those of the causation, for the concept of the fault is correlated with that of the causation. The elements include the temporal and spatial proximity between damages and defendant's medical treatments, no existence of other causations, the probability of bed results developed by the medical treatments, and so on. These enable the fault and causation to be assumed at the same times.

• The Korean Journal of Air & Space Law and Policy
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• v.16
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• pp.65-74
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• 2002

The Japanese Aviation Accident Investigation Board has two faces. While the surface of the Board is a one of the very accident investigation organ, its shadow face is a one of the very expert witness drawing up a requested written opinion for the sake of the criminal investigation of the Police under the two secret inter-ministerial accords. This Paper proposes that some evidence obtained by investigation ought to be protected for disclosure and use by privilege derived from on of our most basic legal principles: "Nemo debet se-ipsem accusare-no one is required to incriminate oneself-".

• KIEAE Journal
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• v.9 no.3
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• pp.29-36
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• 2009

Interior material covering as the final process of house-building, critically influences not only aesthetic character but also air quality of indoor space. Wall covering today, however, caused a serious social problem because of chemicals contained in the industrial wallpaper and artificial glue. In this context, Korean traditional wall covering of Han-ji can be an alternative model due to it's ecological character. Recently 'Hanok' attracts public attention, since society and people become to appreciate the unique beauty and value of our traditional culture. The values include natural beauty, emotional character, and environment-friendliness. Recognizing this, this paper intended to scrutinize the operating process of Han-ji as an interior finish material. Historical research method was employed, tracing the related articles in old literature and interviewing with the witness of the experienced expert. Thereby, healthier and unique aesthetic indoor environment can be expected to be sustainable along with the rich cultural life of ancestors.

• Journal of Arbitration Studies
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• v.30 no.1
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• pp.185-198
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• 2020

In the event of a medical conflict in South Korea, civil lawsuits can be very complicated, time-consuming, and costly. Under the Medical Conflict Conciliation Act, the mediation system has expanded its function to coordinate disputes between individuals and medical institutions in a more efficient manner prior to litigation. Currently, conflict mediation organizations and legal systems are established in each sector, and the Healthcare Dispute Settlement Commission will also play an important role in the public sector. In this study, the characteristics of the evaluation system of the Korea Institute of Medical Conflict Arbitration are examined; and, by looking at the case of medical examinations, it is proposed to show the mediation system and the manner and role of the examinations. Medical expertise is a very important area of the qualitative standards and expertise of participants because the participants must play a role in medical consultation and appraisal in connection with medical experts.

• Journal of Science and Technology Studies
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• v.19 no.1
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• pp.1-51
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• 2019

The understanding of law and science as fundamentally different two systems, in which fact stands against justice, rapid progress against prudent process, is far too simple to be valid. Nonetheless, such account is commonly employed to explain the tension between law and science or justice and truth. Previous STS research raises fundamental doubts upon the off-the-shelf concept of "scientific truth" that can be introduced to the court for legal judgment. Delimiting the qualification of the expert, the value of the expert knowledge, or the criteria of the scientific expertise have always included social negotiation. What are the values that are affecting the boundary-making of the thing called "modern science" that is supposedly useful in solving legal conflicts? How do the value of law and the meaning of justice change as the boundaries of modern science take shapes? What is the significance of "science" when it is emphasized, particularly in relation to the legal provisions of paternity, and how does this perception of science affect unfoldings of legal disputes? In order to explore the answers to the above questions, we follow a process in which a type of "knowledge-deficient model" of a court-that is, law lags behind science and thus, under-employs its useful functions-can be closely examined. We attend to a series of discussions and subsequent changes that occurred in the US courts between 1930s and 1970s, when blood type tests began to be used to determine parental relations. In conclusion, we argue that it was neither nature nor truth in itself that was excavated by forensic scientists and legal practitioners, who regarded blood type tests as a truth machine. Rather, it was their careful practices and crafty narratives that made the roadmaps of modern science, technology, and society on which complex tensions between modern states, families, and courts were seen to be "resolved".

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.21-54
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• 2011

International commercial arbitration has established itself as the primary dispute resolution mechanism for international business transactions. Certainly, there are commonly-accepted standards that have evolved to reflect an internationally-harmonized approach to issues relating to the taking of evidence. This is reflected in International Bar Association("IBA") Rules for Taking of Evidence in International Evidence("IBA Rules"). This IBA Rules were revised in 2010. Designed to assist parties in determining what procedures to use in their particular case, IBA Rules present some of the methods for conducting international arbitration proceedings. Parties and arbitral tribunals may adopt IBA Rules in whole or in part - at the time of drafting the arbitration clause in a contract or once an arbitration commences - or they may use them as guidelines. They supplement applicable national laws and institutional or ad hoc rules. The IBA Rules were an ambitious undertaking, designed to overcome fundamental cultural differences relating to the taking of evidence under different national court systems. While it is difficult to assess how frequently the IBA Rules are actually adopted by parties, it is fair to say that they have had a considerable influence on the practice of taking evidence in international arbitration. This article mainly describes the essential provisions of IBA Rules, as revised in 2010, including but not limited to production of document, witnesses of fact, party-appointed experts, and tribunal-appointed experts. It also provides a comparison of relevant procedural rules of civil law and common law systems to each of the above mentioned provisions. It is important for arbitration practitioners to understand the differences in the taking of evidence under civil law and common law systems, respectively. This article will be helpful for practitioners and academics not only to understand the revised IBA Rules themselves but also to prepare for, and adequately deal with, the frictions that may arise as a result of the differences in approach for taking evidences. Indeed, so prepared, the arbitration practitioner will be able to anticipate the expectations, perceptions and the conduct of the parties, their counsel and the tribunal members.