Bibliographic record
Abstract
The discussion to amend the statutory limitation provisions in the Korean Civil Code should not be limited to a consideration of the statute of limitations per se, but it should include possible amendment of other forms of exclusionary period in the Code. Especially it is important to find a . way to amend the statutory limitation provisions in Civil Code in regard of long lurking damages and continuous frauds, duress and concealment. The disadvantages that child victims suffer in regard of limitation period should also be removed. In order to achieve this goal. we recommend an amendment of the limitation-related provisions in torts law by rationalizing the commencement of limitation period and actual calculation of the period. The trends of civil law amendments in Germany, France, and other parts of continental jurisdictions that incorporated subjectivity principle, and the examples of US, UK and Canadian legal system that widely adopted discovery rule or discoverability principle are worth considering in I the Korean civil law amendment. The provisions of exclusionary period also need similar modification. The recommendations of this article for Civil Code amendment includes: First, there should be a new section included as an exception to the objective limitation period so as to give remedies concerning the health-related damages caused by environmental pollution or the damages of occupational diseases where damages are lurking for a long time before discovered. Second, when the victim is a child in a tort case where the right of sexual self-determination is infringed. there should be a provision to protect the childs right not to be time barred until he become adult. For example, there can be a provision that postpones the limitation period until the child reaches the age of adult so that the child can claim the damages after he or she become an adult. Third, in cases of fraud. duress and other tortious activities that have existed continuously. the victim should be able to claim damages or to cancel the contract when the situation ends. even if the 10-year long-term objective limitation period has passed. Finally, the amendment of the provisions of exclusionary period in . the Korean Civil Code could be considered after a general agreement is reached for law reform in terms of the relationship between the breach of duty and the rights stemming out of encumbrances. This article discusses above points based on an analysis of Korean legal theory. Korean cases, and comparative legal research of the law of Germany, France, United States, United Kingdom, and Canada.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.013 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.003 | 0.004 |
| Scholarly communication | 0.004 | 0.005 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.005 | 0.008 |
| Insufficient payload (model declined to judge) | 0.008 | 0.004 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".