• Convergence Security Journal
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• v.19 no.1
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• pp.19-30
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• 2019

As the 4th industrial revolution has recently become a hot topic, the importance of autonomous vehicles has increased and interest has been increasing worldwide, and accidents involving autonomous vehicles have also occurred. With the development of autonomous vehicles, the possibility of a cyber-hacking threat to the car network is increasing. Various countries, including the US, UK and Germany, have developed guidelines to counter cyber-hacking of autonomous vehicles, In the case of Korea, limited temporary operation of autonomous vehicles is being carried out, but the legal system to be applied in case of accidents caused by vehicle network hacking is insufficient. In this paper, based on the existing legal system, we examine the civil liability caused by the cyber hacking of the autonomous driving car, while we propose a law amendment suited to the characteristics of autonomous driving car and a legal system improvement plan that can give sustainable trust to autonomous driving car.

• Journal of Digital Convergence
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• v.17 no.10
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• pp.67-75
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• 2019

As 4th industrial revolution has emerged as a hot topic, the blockchain technology capable of enabling super intelligence as a premiere has been an attracting attention. With the interest in blockchains, various platforms using blockchains are emerging. Reflecting this trend, several countries including US, EU, China, and Japan are preparing blockchain and related laws or amending existing laws. In Korea, the platform business based on blockchain is being done, but the related laws are insufficient. In this study, we first present the legal system of the blockchain, examine each component, and then compare the current state of the legal system in US, EU, China, and Japan based on the blockchain legal system. Finally, we propose a brief improvement plan of the legal system for industrial development by commercialization of blockchain. In the future, we would like to study the individual legal system about the blockchain.

• Korean Journal of Legislative Studies
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• v.26 no.3
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• pp.85-123
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• 2020

Under representative democracy, members of the National Assembly exercise their authority to propose, enact, and revise bills on behalf of the people, and the legislation of such lawmakers has a great impact on individuals and society. There exist criticisms that the quality of legislator-sponsored bills has not improved while the number of them has been expanding recently. This study examines the type, productivity, and efficiency of legislation in the 17~19th National Assembly, and empirical analysis is conducted on how the lawmaker's legislations respond to election-related variables such as voter turnout and election competition. The results show that legislator-sponsored bills are mainly produced in the area of governance, finance, macroeconomic policy, social welfare, and health. The number of legislator's proposals increases, while the passing rate decreases, and the processing period extends. Constituents' participation in voting has been shown to enhance legislative efficiency. Based on the results, the paper emphasizes the enhancement of transparency in the legislative process, the improvement of the people's political knowledge, and the revitalization of election functions for the improvement of parliamentary legislation.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.3-35
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• 2017

The Supreme Court of Korea first admitted compensation for damages caused by breach of informed consent in 1979. From then on, specific details of informed consent are shaping up and developing through court precedents. The duty of informed consent of doctor is based on article 10 of the Constitution and medical contract, and is expressly prescribed Article 12 of Framework Act on Health and Medical Services and other acts and regulations. By the way, the regulations about duty of informed consent of doctor have been established in Medical Law revised on December 20, 2016, and the revised Medical Law will be implemented on June 21, 2017. According to the revised Medical Law, medical practices subject to description and consent are operation, blood transfusion and general anesthesia that threaten to cause serious harm to human life or to the body. When performing these medical activities, the written consent must be explained and agreed upon in advance. If a doctor violates the law, he will incur fines of less than 3 million won. Comparing and viewing the revised Medical Law and existing legal principles about the duty of informed consent, we can confirm that there is a substantial difference between the two parties. Accordingly, despite the implementation of the revised medical law, the existing legal principles are unlikely to be affected. However, from the perspective of legal uniformity and stability, it is undesirable that legal judgments on the same issues differ from each other. The revised Medical Law about informed consent needs to be reformed according to existing legal principles. And, as in the case of Germany, it is desirable to include the matters concerning informed consent in the civil code.

• Industry Promotion Research
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• v.5 no.4
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• pp.73-79
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• 2020

This study is based on the need to Lawively respond to changes in the population structure according to the low birth and elderly society, and to contribute to the establishment of policies on the welfare of the elderly, based on the need to review the "Elderly Welfare Law", and proposed ways to improve them by looking for problems with the Elderly Welfare Law. First, it is the enLawment of the Basic Law on The Welfare of the Elderly. As a proposal to improve the Elderly Welfare Law, it is a way to completely revamp the Elderly Welfare Law to grant a status as the basic law and the supreme law on the welfare of the elderly. Second, it is necessary to overhaul the law on elderly health and welfare measures and elderly welfare facilities. The plan is to revise the Elderly Welfare Law to clearly revise the legal charLawer of the elderly to the health and welfare measures of the elderly and the Law on elderly welfare facilities. Third, the legal system of the Elderly Welfare Law should be reorganized. The plan is to maintain the contents of the major welfare policies contained in the current "Elderly Welfare Law", but to revise it with a focus on the systemic issues mentioned above. In conclusion, the current "Elderly Welfare Law" was made in the context of the period at the time of its establishment and the basic courtesy of the elderly, and there are many points that are insufficient to cope with the low birth rate and the elderly society. Accordingly, this study proposes amendments and supplements to the Elderly Welfare Law, which can accept the request stipulated by the times due to changes in population structure.

• Proceedings of the Korean Society of Computer Information Conference
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• 2016.07a
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• pp.147-150
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• 2016

우리 국민(國民)들의 사적(私的) 생활관계(生活關係)를 규율(規律)하는 가장 기본적(基本的)인 민법(民法)은 그동안 많은 학자(學者)와 실무가(實務家)들의 끊임없는 연구(硏究)와 판례(判例) 등(等)을 통(通)하여 상당(相當)한 발전(發展)을 거듭해 온 것이 사실(事實)이다. 그러나 민법(民法) 제정(制定) 당시(當時)와는 비교(比較)할 수 없을 정도(程度)로 많은 변화(變化)가 있었지만, 2008년(年) 개정(改正) 가족법(家族法)을 대폭(大幅) 수정(修正)하고 일반(一般) 규정(規定)은 특별(特別)한 수정(修正)이나 보완(補完)이 없이 현재(現在)에 이르고 있어 국민(國民)의 기본적(基本的)인 법률관계(法律關係)를 제대로 지원(支援) 규율(規律)하지 못하고 있는 것이 많은 문제점(問題點)으로 대두(擡頭)하고 있음은 부인(否認)할 수 없는 현실(現實)이다. 특(特)히 그 중(中)에서 쟁점(爭點) 사안(事案)마다 다양(多樣)한 논쟁(論爭)이 있던 소멸시효제도(消滅時效制度)는 1958년(年) 2월(月) 22일(日) 법률(法律) 제(第)471호(號)로 제정(制定)된 이후(以後) 몇 차례에 걸쳐 개정작업(改正作業)을 착수(着手)하였으나 국회의결(國會議決)을 통과(通過)하지 못하고 임기만료(任期滿了)로 폐기(廢棄)되었던 사례(事例)도 있었다. 하지만 계속적(繼續的)으로 미루는 것보다는 국제거래(國際去來)가 비약적(飛躍的)으로 증가(增加)하고 있는 현재(現在) 상황(狀況)을 고려(考慮)하고, 세계적(世界的)인 경제상황(經濟狀況)의 변화(變化)에 적절(適切)하게 대응(對應)하기 위(爲)하여 소멸시효체계(消滅時效體系)를 우리 현실(現實)에 맞게 제도적(制度的) 정비(整備)가 시급(時急)히 필요(必要)하다고 본다. 따라서 본(本) 논문(論文)에서는 민법(民法) 중(中)에서 매우 복잡(複雜)한 형태(形態)를 가지고 있고, 많은 문제점(問題點)을 안고 있는 소멸시효(消滅時效) 규정(規定)의 개정(改正)을 위하여 각국(各國)의 입법례(立法例)를 살펴본 후(後), 이를 토대(土臺)로 우리의 현행(現行) 민법(民法) 하(下)에서 국민(國民)의 법(法) 감정(感情)과 정서(情緖)에 맞는 가장 바람직한 입법방안(立法方案)을 제시(提示)하고자 한다.

• Journal of Cadastre & Land InformatiX
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• v.48 no.2
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• pp.121-135
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• 2018

The ministry of land, Infrastructure and transport has revised the "National Land Planning and Utilization Act" in 2012. As a result, the regulation of floor area ratio for land covering two or more zoning area has been changed. This study conducted an analysis of the policy effects of changes in the criteria for the application of the floor area ratio by revising the "National Land Planning and Utilization Act". Land covering two or more zoning area means a street side commercial area and street side residential area that is generally understood. This study analyzed the policy effects in Gangnam-gu which has relatively large areas of street side commercial area and street side residential area. The 468 office building transaction cases were analyzed in Gangnam-gu from 2007 to 2017. The result shows that the office building, which has received incentive for policy changes, reported a 19.08% rise in price compared to the one that did not. It means that the economic effects of change of application standard were significant. The existing policy also served as a restriction on land use by landowners, which in turn contributed to the devaluation of the asset's intrinsic value. Therefore, this study may have contributed to the rational use of land and to provide an empirical basis for the change in policy to be assessed for its intrinsic value.

• Korean small business review
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• v.42 no.1
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• pp.19-41
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• 2020

In Korea, punitive damages were introduced in the 2011 Fair Transactions in Subcontracting Act(FTSA), and in 2019 the Patent Act, Trade Secret Protection Act(TSPA), Industrial Technology Protection Act(ITPA), and Mutually Beneficial Cooperation Act(MBCA). In punitive damages, the judgment of 'intentional' is especially important, and it is necessary to refer to US precedents since there is no accumulated case. Major Company can avoid intentional counseling through the advice of lawyers, but SMEs may have to punish punitive damages due to a lack of awareness of the system. In the case of TSPA, ITPA, FTSA, and MBCA, except for Patent Act, the provisions related to proof of damage have not been well maintained yet. Therefore, the data submission order system of these laws needs to be revised to the level of patent Act need to be. TSPA needs to be amended in the future to estimate the amount of the royalties in estimating the amount of damages so that it can receive the 'reasonably' estimated amount rather than the usual amount. On the other hand, ITPA, FTSA, and MBCA do not have any provisions for the estimation of damages. Besides, it is difficult to evaluate the technology value in the case of leakage or deodorization of new technologies. Therefore, valuation needs to be carried out by a credible institution along with the development of a model for calculating damages.

• Journal of the Korean Society of Radiology
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• v.16 no.7
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• pp.815-824
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• 2022

The current radiation safety management system is also applied to radiation practices at universities. The application of the law raised concerns about poor radiation practice education and hindering the development of radiology. Accordingly, the Korean Radiology Professors Association needed to grasp the reality of the management system for radiation practice education at each university and the current radiation safety management system in the department of Radiological science. So, a survey was conducted on heads of radiological science departments across the country. Through the survey, it was found that the current application of the Nuclear Safety Act to radiation safety management in the department of Radiological science is excessively restrictive and not very effective. In addition, radiology practice education for the purpose of training health and medical professionals should be controlled by the Ministry of Health and Welfare and the Korea Centers for Disease Control, but there is a problem of being supervised by the Nuclear Safety and Security Commission. Therefore, in this study, as a legal improvement plan to solve this problem, first, a plan according to a partial amendment to the Higher Education Act, second, a plan to be supervised by the Ministry of Health and Welfare through the amendment of article 37 of the Medical Service Act, third, article 20-2 of the Enforcement Decree of the Medical Service Technologists Act was newly inserted to propose three measures to be supervised by the Ministry of Health and Welfare.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.7 no.1
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• pp.743-752
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• 2017

This paper analysis the creative convergent person and the analysis of educational purpose system based competence in the 2015 revised curriculum. For this end, first, It discuss the educational purposes of the elementary and secondary school. The educational purposes are specified in the law, the general guideline and subject matters of the national curriculum. Second, It find out the relationship between creative convergence person and educational purposes. The core competencies that emerged from 2015 revised curriculum are an important role for the realization of creative convergence person. Finally, each purpose for the promotion of creative convergence person review how adequately defined. The review divided the three; the stipulation of legislation, general guideline of the national curriculum, subject matters of the national curriculum. As a result, the purpose of the direct role for the realization of creative convergence person is core competence and special competency of a subject matters. These competencies are reflected in achievement standards of the contents system in subject matters of 2015 revised curriculum. The core competence is a kind of educational purposes in terms of learners.