• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.297-341
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• 2017

We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.205-226
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• 2018

For sustainable development of air transport, the establishment and application of international standards of environmental protection area is significant. The development and use of alternative fire extinguishing agent to Halon, which is used for the fire extinguishing systems of engine nacelles/APU and cargo compartments, has been requested in order to protect the ozone layer. The ICAO has been active in preparing international standards and recommended practices (SARPs); however, certification of alternative fire extinguishing agents has been postponed due to technical readiness problem.. Consequently, the implementation of SARPs has also been postponed by two years from the end of 2016. to the end of 2018. As such consequences have caused confusion among Member States regarding its implementation, it is necessary to discuss and pay more attention to this issue. ICAO Council and Air Navigation Commission should consider between setting the implementation time frame earlier or giving enough time for mature readiness and preparedness. Also in order to minimize the unnecessary discharge of Halon owned by Member States, it is necessary to consider efficient management methodologies; for example, requesting fire extinguisher manufacturers to recharge in professional ways. For the successful implementation of the SARPs, ICAO developed an implementation task list as including notification of differences, establishment of a national implementation plan, drafting of the modification to the national regulations and means of compliance, adoption of the national regulations and means of compliance. Member States can develop their own rule making process in reference with the ICAO implementation task list. This issue was presented and discussed during the 54th Conference of Directors General of civil aviation, Asia and Pacific Regions which was held in Ulaanbaatar, Mongolia in 2017 with significant attention among participated Contacting States. In this regards, ICAO Council and Air Navigation Commission should consult with Legal Bureau lawyers regarding SARPs preparing process to eliminate difficulties and confusions for proper implementation within effective date.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.3-29
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• 2008

The volume of air passengers and cargo transportation has increased rapidly in recent years. This trend will be even more noticeable as the high-tech service industry expands and the globalization progresses. In an effort to reflect and to cope with this trend, many conventions concerning international air transportation have been concluded. The Republic of Korea has also acceded to the Montreal Convention of 1999 on September 20th, 2007 which became effective on December 29th 2007. However, Korea currently does not provide any private law on the liability of domestic air carrier, leaving the regulation wholly to the general conditions of carriage of private air lines. These general conditions of carriage, however, are not sufficient to regulate the liabilities of domestic air carriers, because they cannot be fully recognized as a legitimate source of law applicable in the court. This situation is inconvenient for both air carrier and their customers. Thus, the Ministry of Justice of Korea has decided to enact a law that will regulate domestic air transportation, namely, "Domestic Carriage by Air Act", as a part of the Korean Commercial Code. So was composed a special committee for legislation of the Domestic Carriage by Air Act. This writer has led the committee as a chairman. The committee has held in total 10 meetings so far and has completed a draft bill for the part VI of the Korean Commercial Code, "Air Carriage." The essentials of the draft are as follows: First, the establishment of Part VI in the Commercial Code. The Korean Commercial Code already includes a series of provisions on road transportation in part II and carriage by sea in part V. In addition to these rules regulating different types of transportation, the Domestic Carriage by Air Act will newly establish part VI to regulate air carriages. Eventually, the Commercial Code will provide an integrated legal system on the transportation industry. Second, the acceptance of the basic liability system which major international conventions, such as Montreal Convention of 1999 and Guadalajara Convention of 1961, have adopted. This is very important, because the law of air carriage is unified worldwide through various international conventions, making it necessary and significant for the new act to achieve conformity between rules of international air carriage and that of domestic air carriage. Third, the acceptance of Rome Convention system on damage caused by foreign aircraft to third parties on the surface. Fourth, the application of rules on domestic road carriage or carriage by sea mutatis mutandis with necessary modifications. This very point is the merit of inserting domestic air transportation law into the Commercial Code. By doing so, the number of articles can be reduced and the rules on air carriage can conform to that of road transportation and carriage by sea. The bill is expected to be passed by the parliament at the end of this year and is expected to be effective by end of July 2009.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.159-193
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• 2015

Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

• The Korean Journal of Archival Studies
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• no.18
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• pp.257-280
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• 2008

The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• The Korean Journal of Archival Studies
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• no.47
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• pp.51-93
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• 2016

This study is on management present and improvements on National Records Designation System. National Records Designation System is a system that supports management and preservation of changes of records designated by the government through consideration that such records are worth preserving permanently nationally among records acquired by individual or organization. This system is meaningful in a way that it established systematic foundation to hand down by informatizing historic private records which are in danger to be lost or damaged due to lack of proper care. However, compared to the number of designated records, the information that could be practically drawn from such records are limited. This triggered this study to be launched. National Archive sometimes promotes designation and management of National Designated records. Yet archival information service offering access of user to national designated records are very rare. I conducted survey and interview of managers, field research, and documentary research of 10 records holding institution that keeps national designated records currently. I considered that current management status of National Records Designation System can be figured out minutely through these research. As a result of such research, most of the records holding institutions offered display as their least archival information service. The objective of records informatization was to utilize the records. Also further plans on information service related to records and various utilization were suggested. records holding institution manager did not give positive answer on effect of designating national designated records and cooperation between National Archive. Support to National Archive only focused on preservation. For national designated records holding institution designated after 2011 were not getting proper support. In addition, National Archive's support rarely met records holding institution's need. In such circumstances, things to consider for improvements of National Records Designation System is as following. First, designation of national designated records should be based on the utilization of the record. Each records holding institution's willingness to utilize corresponding records and National Archive's ability to draw the willingness out should be considered. Also, it shouldn't be left as mere complementary policy of National Archive's selecting policy. Second, for National Records Designation System to be managed permanently, it should be changed as the system that supports enhancement of private records management. The aim should point to the direction where private can manage and preserve the records on their own. Third, There needs to be changes on the subject and process of national designated records designation. National designated record is the record that was considered valuable by the government among private records. Thus, such records should be the best one to show private field. Accordingly, records that represent contemporary society and include various states and contents should be chosen to be designated. Moreover, public discussion be formed by citizens and related professionals in order to properly select the record.

• The Journal of Korean Philosophical History
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• no.56
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• pp.47-80
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• 2018

The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

• Informatization Policy
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• v.29 no.1
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• pp.24-37
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• 2022

Amid rapid changes in the ICT environment attributed to the 4th Industrial Revolution, the development of information & communication technology, and COVID-19, the existing internet developed without considering security, mobility, manageability, QoS, etc. As a result, the structure of the internet has become complicated, and problems such as security, stability, and reliability vulnerabilities continue to occur. In addition, there is a demand for a new concept of the internet that can provide stability and reliability resulting from digital transformation-geared advanced technologies such as artificial intelligence and IoT. Therefore, in order to suggest a way of implementing the Korean future internet that can strengthen cybersecurity, this study suggests the direction and strategy for promoting the future internet that is suitable for the Korean cyber environment through analyzing important key factors in the implementation of the future internet and evaluating the trend and suitability of domestic & foreign research related to future internet. The importance of key factors in the implementation of the future internet proceeds in the order of security, integrity, availability, stability, and confidentiality. Currently, future internet projects are being studied in various ways around the world. Among numerous projects, Bright Internet most adequately satisfies the key elements of future internet implementation and was evaluated as the most suitable technology for Korea's cyber environment. Technical issues as well as strategic and legal issues must be considered in order to promote the Bright Internet as the frontrunner Korean future internet. As for technical issues, it is necessary to adopt SAVA IPv6-NID in selecting the Bright Internet as the standard of Korean future internet and integrated data management at the data center level, and then establish a cooperative system between different countries. As for strategic issues, a secure management system and establishment of institution are needed. Lastly, in the case of legal issues, the requirement of GDPR, which includes compliance with domestic laws such as Korea's revised Data 3 Act, must be fulfilled.

• Journal of the Society of Disaster Information
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• v.19 no.2
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• pp.395-410
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• 2023

Purpose: The purpose of this study was to analyze the current state of drone terrorism response at such critical national facilities and derive improvements, especially to identify problems in laws and systems to effectively utilize the anti-drone system and present directions for improvement. Method: A qualitative research method was used for this study by analyzing a variety of issues not discussed in existing research papers and policy documents through in-depth interviews with subject matter experts. In-depth interviews were conducted based on 12 semi-structured interviews by selecting 16 experts in the field of anti-drone and terrorism in Korea. The interview contents were recorded with the prior consent of the study participants, transcribed back to the Korean file, and problems and improvement measures were derived through coding. For this, the threats and types were analyzed based on the cases of drone terrorism occurring abroad and measures to establish anti-drone system were researched from the perspective of laws and systems by evaluating the possibility of drone terrorism in the Republic of Korea. Result: As a result of the study, improvements to some of the problems that need to be preceded in order to effectively respond to drone terrorism at critical national facilities in the Republic of Korea, have been identified. First, terminologies related to critical national facilities and drone terrorism should be clearly defined and reflected in the Integrated Defense Act and the Terrorism Prevention Act. Second, the current concept of protection of critical national facilities should evolve from the current ground-oriented protection to a three-dimensional protection concept that considers air threats and the Integrated Defense Act should reflect a plan to effectively install the anti-drone system that can materialize the concept. Third, a special law against flying over critical national facilities should be enacted. To this end, legislation should be enacted to expand designated facilities subject to flight restrictions while minimizing the range of no fly zone, but the law should be revised so that the two wings of "drone industry development" and "protection of critical national facilities" can develop in a balanced manner. Fourth, illegal flight response system and related systems should be improved and reestablished. For example, it is necessary to prepare a unified manual for general matters, but thorough preparation should be made by customizing it according to the characteristics of each facility, expanding professional manpower, and enhancing response training. Conclusion: The focus of this study is to present directions for policy and technology development to establish an anti-drone system that can effectively respond to drone terrorism and illegal drones at critical national facilities going forward.