中国船舶油污损害赔偿法律制度的考察

昌新娟 가천대학교 법학연구소 2013 가천법학 Vol.6 No.1

近年来,世界经济和各国能源需求的日益扩大,石油逐渐取代煤成为世界航运市场上主要的能源货运物资。还有随着船舶运输业的蓬勃发展,船舶尤其是油船在正常运营或发生碰撞事故时泄露的油类物质对海洋环境的污染日趋严重。特别是沿海地区的海洋环境遭受污染,将对国家经济以及沿海的养殖业造成无法估计的经济损失。随着石油消费量的持续增加,2012年3月18日中国商务部部长陈德铭说,占世界人口19%以上的中国目前已经成为世界第二大进口国。未来几年,中国将成为世界第一大进口国,成为国际上最大的市场。中国作为石油进口大国,船舶油污染事故的发生,使人民生命财产和海洋环境遭受了重大的损失。由于中国相关立法的不完备,受害人在遭受损失后的合法权益难以得到及时有效的救济,赔偿主体的不明确、赔偿金额低等立法和实践中的困境使得船舶油污损害赔偿这一重要的海事法律制度在中国显得有些薄弱。本文中将对中国现行的船舶污染损害赔偿法律制度和法律适用中的问题进行考察,并提出相应的改善方案。 Crude oil and petroleum-based products have been used and shipped worldwide in large supertanker ships by international companies. Accidents happen and massive amounts of crude oil or refined crude oil product have caused serious pollution the coastal regions in different places around the world. When a large spill occurs, the company that owns the ship is legally liable and must pay for cleaning the spilled area. This study addresses the problems China is facing with adapting international conventions regarding oil spill compensation funds. China lacks appropriate laws for oil spill compensation. If a large scale incident occurred, China lacks standardized laws to address environmental effects to multiple provinces. The different laws regarding oil spill compensation must cooperate with international conventions and domestic regulations to ensure rapid response after an incident that affects Chinese coastline and sea water. Pollution is currently a big issue for China. Without changes in the oil spill compensation laws, polluted coastal regions would have difficulty securing the funds for containment and environmental restoration.

醫師의 說明義務에 관한 硏究

昌新娟 원광대학교 법학연구소 2011 의생명과학과 법 Vol.5 No.-

Patients have the right to understand the purpose and risks of an invasive medical procedure, before they give consent for that invasive medical treatment. Doctors must offer full explanations of the treatment, risks, and the reasons for said treatment to all patients before any invasive medical procedure is performed. Doctors should also obtain a signed consent form from the patient before the invasive medical procedure in the event of any complications during the invasive medical procedure that leaves the patient in worst health after the invasive medical procedure. The consent form should describe allowed compensation in the event of any medical complication during the invasive medical procedure. If the doctor takes time to help the patient understand invasive treatments and the associated risks, patients can make informed decisions before signing any consent forms that may limit their ability to win monetary compensation in a medical malpractice suit in the event of a complication during the invasive procedure. The doctors can concentrate on healing the patient during invasive medical procedures when the doctor and patient have a mutual understanding of the invasive procedure and a signed, comprehensive consent form to cover the allowed compensation, should there be any complications during the invasive procedure. With communication and a comprehensive consent form, patients can make an informed decision to allow doctors to perform an invasive medical treatment and doctors can make an informed decision to treat a patient without the worries of any medical or legal repercussions after the said invasive treatment. A German court in 1894 determined that invasive medical procedures without patient consent were a criminal act of inflicting bodily injury. Later Anglo-American and Japanese laws require doctors to provide an explanation of the invasive medical procedure in conjunction with the consent form. In a case of an invasive medical procedure resulting in complications, a patient can seek damages if the patient can prove a lack of sufficient explanation of the procedure and/or a signed consent form prior to the invasive medical procedure. Korean laws currently consider physical damages to infringing on a person’s body and mental damages to infringing on a person’s rights in cases of insufficient explanation by the doctor in cases of complications during an invasive medical procedure. Laws requiring doctors to provide prior explanations of invasive medical procedures and patient consent forms need revision to reduce generalities. Doctors need clear legal guidelines on invasive medical procedure explanation documentation in addition to outlines for standard consent forms to assure all patients and doctors in Korea have sufficient information, before an invasive medical procedure, to make an informed decision.

醫師의 說明義務에 관한 硏究

昌新娟 원광대학교 법학연구소 2011 의생명과학과 법 Vol.5 No.-

Patients have the right to understand the purpose and risks of an invasive medical procedure, before they give consent for that invasive medical treatment. Doctors must offer full explanations of the treatment, risks, and the reasons for said treatment to all patients before any invasive medical procedure is performed. Doctors should also obtain a signed consent form from the patient before the invasive medical procedure in the event of any complications during the invasive medical procedure that leaves the patient in worst health after the invasive medical procedure. The consent form should describe allowed compensation in the event of any medical complication during the invasive medical procedure. If the doctor takes time to help the patient understand invasive treatments and the associated risks, patients can make informed decisions before signing any consent forms that may limit their ability to win monetary compensation in a medical malpractice suit in the event of a complication during the invasive procedure. The doctors can concentrate on healing the patient during invasive medical procedures when the doctor and patient have a mutual understanding of the invasive procedure and a signed, comprehensive consent form to cover the allowed compensation, should there be any complications during the invasive procedure. With communication and a comprehensive consent form, patients can make an informed decision to allow doctors to perform an invasive medical treatment and doctors can make an informed decision to treat a patient without the worries of any medical or legal repercussions after the said invasive treatment. A German court in 1894 determined that invasive medical procedures without patient consent were a criminal act of inflicting bodily injury. Later Anglo-American and Japanese laws require doctors to provide an explanation of the invasive medical procedure in conjunction with the consent form. In a case of an invasive medical procedure resulting in complications, a patient can seek damages if the patient can prove a lack of sufficient explanation of the procedure and/or a signed consent form prior to the invasive medical procedure. Korean laws currently consider physical damages to infringing on a person’s body and mental damages to infringing on a person’s rights in cases of insufficient explanation by the doctor in cases of complications during an invasive medical procedure. Laws requiring doctors to provide prior explanations of invasive medical procedures and patient consent forms need revision to reduce generalities. Doctors need clear legal guidelines on invasive medical procedure explanation documentation in addition to outlines for standard consent forms to assure all patients and doctors in Korea have sufficient information, before an invasive medical procedure, to make an informed decision.

中國 臟器移植의 現況

昌新娟 원광대학교 법학연구소 2011 의생명과학과 법 Vol.6 No.-

China's organ transplantation procedures had begun in the 1960s. The number of transplants has increased steadily with faster developments in medical technology. There is still a large gap between China and the world's developed countries. Disregarding conditions resulting from organ transplant technology and drugs, the main reason for the large gap between China and the world's developed countries are the obsolete ethical codes and the development of legal regulations. Through the analysis of the "Status Quo" in laws regulating organ transplants, along with the causes determined through the analysis of the problems facing China, the ethics of organ transplants will be comprehensively explained. It is undoubtedly of great significance to help medical personnel to engage with the ethical principles related to organ transplant technology and to ensure the achievement of the ultimate goal for organ transplantation's real benefit to the people.

中國 臟器移植의 現況

昌新娟 원광대학교 법학연구소 2011 의생명과학과 법 Vol.6 No.-

China's organ transplantation procedures had begun in the 1960s. The number of transplants has increased steadily with faster developments in medical technology. There is still a large gap between China and the world's developed countries. Disregarding conditions resulting from organ transplant technology and drugs, the main reason for the large gap between China and the world's developed countries are the obsolete ethical codes and the development of legal regulations. Through the analysis of the "Status Quo" in laws regulating organ transplants, along with the causes determined through the analysis of the problems facing China, the ethics of organ transplants will be comprehensively explained. It is undoubtedly of great significance to help medical personnel to engage with the ethical principles related to organ transplant technology and to ensure the achievement of the ultimate goal for organ transplantation's real benefit to the people.

우울한 임신 여성의 화상 인지행동치료 프로그램 참여 경험: 탐색적 질적연구

이은주,창신대학교 간호학과,박영숙 한국여성건강간호학회 2022 여성건강간호학회지 Vol.28 No.4

Purpose: This study explored the experiences of pregnant women with depressed mood participating in a group cognitive behavioral therapy (CBT) program using video communication, based on Beck’s cognitive theory.Methods: The participants were six pregnant women out of 13 women who had participated in an 8-session group CBT program using video communication for women with depressed mood (Edinburgh Postnatal Depression score of ≥9). Data were collected from February 20 through March 25, 2021. In-depth individual interviews were conducted through a video conferencing platform at 1 month post-baseline. Thematic analysis was done.Results: Three themes, 10 subthemes, and 38 concepts were derived from experiences of participating in the 4-week group CBT program (twice a week). The first theme, entitled “continuing realization” had subthemes of “a negative and instable self,” “a selfish judgment that excludes others,” and “a strong belief in self-control.” The second theme, entitled “attempt to change for restoration” had subthemes of “shift to rational thinking,” “freedom from suppressed beliefs,” “tolerance of other people,” and “courage for self-expression.” The third theme, entitled “departure for a positive life,” had subthemes of “emotional healing,” “faith in oneself,” and “reestablishing the criteria for happiness.”Conclusion: Pregnant women with depressed mood expressed that continuing realizations and attempts to change supported their transition toward a positive direction of healing. Thus, they were able to change their distorted thinking into rational thinking through CBT using video communication. These findings support the use of group CBT using video communication with pregnant women who have depressed mood.

An analysis of the legal nature of sexual insults in the meta-universe

邓晔,창신연 가천대학교 법학연구소 2022 가천법학 Vol.15 No.4

With the emergence of VR technology, AR technology and motion sensing equipment in recent years, the concept of “metaverse” appears in front of people. At present, the rise of the metaverse is mainly highlighted by the Facebook founder Zuckerberg changed the name of “Facebook” to “Meta”; Its definition of the metaverse relies on blockchain technology and sommosensory technology, requires the actor to wear stealth equipment to carry out social activities in a virtual world highly similar to the real world. Since it is a social activity, there will inevitably be a variety of social relations, and then the violation of these social relations is what we call illegal behavior and criminal behavior; Among them, sexual crime is a unique crime, which not only involves the physical power but also involves the spiritual interests of the victim.

중국 도시와 농촌 토지권리의 이원화 구조 개혁에 관한 연구

申?星(Shen Weixing),신재하(번역자),창신연(번역자) 한국법학회 2013 법학연구 Vol.51 No.-

본 논문은 중국사회의 도시와 농촌의 이원화현상의 원인이 도시와 농촌의 이원적인 토지권리제도에 있다는 점을 역사적 각도에서 조명하고, 중국의 토지소유권과 사용권의 이원적 체계를 분석하고자 한다. ‘중국 농촌 토지소유권 주체의 존재가 뚜렷하지 아니함’과 ‘토지사용권의 물권적 성질이 강하지 아니함’이라는 현존 문제를 분석함으로써 그 주체가 뚜렷하지 아니한 농민단체소유(集?所有)의 소유권을 국가소유(?家所有)로 변경하고, 이에 대해 국가는 농민들의 양로보험, 의료보험 등의 사회보장제도를 책임짐으로써 도시와 농촌의 차이를 감소시키고, 중국사회의 사회평등을 실현하는 개선 방안을 제시하고자 한다.

진국(秦國) 옹성지구(雍城地區)의 육국문화(六國文化)와 이민(移民)

백창신재 ( Kashiwakura Shin Ya ) 중국사학회 2007 中國史硏究 Vol.51 No.-

연구발표논문초록 : 분리공정 ( 3 ) ; 톨루엔의 수증기 첨가 메칠제거반응

유의연 ( 정 ),선우 창신 ( 정 ),김상채 ( 정 ) ( Eui Youn Yu,Chang Shin,SunWoo,Sang Choi Kim ) 한국화학공학회 1985 추계총회초록집 Vol.- No.-