• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.3-26
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• 2015

Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.

• Journal of Korean Philosophical Society
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• v.144
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• pp.83-111
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• 2017

The purport of this essay is to examine the possible compatibility of liberalism and perfectionism. Liberalism is typically considered as anti-perfectionism. So communitarian critique of liberalism focused on the effects of its anti-perfectionism. But liberalism could be interpreted as compatible with perfectionism. Joseph Raz attempts to develop and defend "perfectionist" liberalism. He rejects anti-perfectionist "neutrality" and claims that the goal of political action is to encourage pursuit of what is truly good and discourage pursuit of what is morally unworthy. Despite this strong perfectionist claim, Raz's political philosophy gives pride of place to individual liberty, or autonomy, which he considers to be intrinsically valuable. One exercises autonomy in choosing among a plurality of human goods. Nonetheless, Raz forthrightly denies the value of autonomy used to choose what is morally bad and says that society has no reason to protect worthless, much less morally evil, options. Raz is more conventionally liberal, however, in espousing a version of J. S. Mill's "harm principle", arguing that a due regard for autonomy rules out government use of coercive means to discourage "victimless" immoralities. However, there are some serious questions about whether Raz's strong perfectionism can support his principled rejection of "morals legislation". I think that if his strong perfectionism could be a little "weakened" and his autonomy could be interpreted as having only formal value rather than having intrinsic value, then his perfectionism could be compatible with liberalism.

• Journal of Legislation Research
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• no.44
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• pp.465-485
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• 2013

Mit dem Patientenrechtegesetz, das im $Fr{\ddot{u}}jahr$ 2013 in Kraft treten soll, $f{\ddot{u}}rt$ der Gesetzgeber eine jahrzehntelange Diskussion um die Rechte von Patientinnen und Patienten zu einem guten Ende. Demnach geht es darum, Transparenz ${\ddot{u}}ber$ die bereits heute bestehenden, umfangreichen Rechte der Patientinnen und Patienten herzustellen, die $tats{\ddot{a}}chliche$ Durchsetzung dieser Rechte zu verbessern, zugleich Patientinnen und Patienten im Sinne einer verbesserten Gesundheitsversorgung zu $sch{\ddot{u}}tzen$ und insbesondere im Fall eines Behandlungsfehlers $st{\ddot{a}}rker$ zu $unterst{\ddot{u}}tzen$. In Verfolgung dieser Zwecke $schl{\ddot{a}}gt$ die Bundesregierung ein Artikelgesetz vor, dessen wesentliche Teile das BGB und das Recht der sozialen Krankenversicherung betreffen. In das BGB soll ein neuer Abschnitt ${\ddot{u}}ber$ den "Behandlungsvertrag" $eingef{\ddot{u}}gt$ werden. Als Standort ist der ${\ddot{U}}bergang$ vom Dienstin das Werkvertragsrecht vorgesehen, der um die neu zu schaffenden Vorschriften der ${\S}{\S}$ 630 a bis 630 h BGB erweitert wird. Die acht Paragrafen enthalten im Kern eine Kodifikation der von der Rechtsprechung entwickelten $Grunds{\ddot{a}}tze$ zur Arzthaftung. Der Beitrag stellt die bisherige politische Diskussion des Patientenrechtegesetzes vor (II). Im Anschluss daran wird die einzige wesentliche Neuerung des Gesetzes $n{\ddot{a}}her$ untersucht und werden Regelungsziel und Grundkonzept der Kodifikation einer $Pr{\ddot{u}}fung$ unterzogen (III). $Schlie{\ss}lich$ werden einen politischen Ausblick auf die neuen Herausforderungen und die Bewertung der $gegenw{\ddot{a}}rtigen$ Lage und der erwarteten Entwicklung gezogen (IV).

• International Area Studies Review
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• v.22 no.3
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• pp.255-292
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• 2018

This paper evaluates the new food policy adopted by the European Union to enhance the food safety after the mad cow crisis occurred in 1990's. Newly introduced rules at the EU level are characterized by two features. Firstly, an important part of them have the form of Regulation which is a binding legislative to all member countries. Secondly, most of them are horizontally applied to the whole food industry, irrespective of their kinds of performance, hygiene or labelling. According to theoretical studies on this topic, any food safety regulation for solving adverse selection problem or reducing negative externality in food consumption should be fine-tuning depending on the concrete demand and costs conditions of the food sector concerned. In this theoretical perspective, the food safety laws introduced at EU level after mad cow crisis have been over-regulated for improving social welfare. The true motivation for the transfer of the policy competence on food safety to the Union level is political rather than economic. Our analysis with a political economic perspective shows that how the EU food regulations have been embraced not only by the governments of member countries, but also by diverse interest groups like food processor & distributors, consumers and agro-livestock groups, and that they have been used as protectionist purpose specially against non-member developing countries. Taking into account the fact that the basic aim to form the Union is to establish a single market to enhance economic efficiency at the Union level, the EU is required to adopt some policy actions to reduce negative effects of too restrictive food safety regulations.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.67-96
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• 2022

"Aid in Dying" means that when a decision-making patient suffers from an incurable disease, a drug that can speed up death is prescribed by a doctor and used to lead to death. Since the suspension of life-sustaining treatment was institutionalized based on human dignity and patient autonomy, the question of whether assisted death can be legally justified in relation to the right to receive medical help to shorten one's life to die with dignity has recently been actively discussed. In Korea, since the suspension of life-sustaining treatment was institutionalized by the enactment of the Life-sustaining Treatment Decision Act in 2016, an amendment to the Life-sustaining Treatment Act was recently proposed to legalize Aid in Dying. The global trend is that human "Right to Die" is discussed in the division of life and death, from the suspension of life-sustaining treatment to assisted death, and again in the order of euthanasia. In this paper, we started discussing dignified death and institutionalized patients' right to self-determination, looked at the controversy in the United States, which legislated assisted death in many states since the 2000s, and analyzed the main contents of California's End of Life Option Act and the data after enforcement. The strict requirements for Aid in Dying, such as voluntary confirmation of patients' intentions and doctors' obligation to provide information, and the results of California's Aid in dying system, composed of relatively diverse races, were reviewed.

• Journal of Industrial Convergence
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• v.21 no.5
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• pp.1-13
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• 2023

Carbon neutrality is the concept of reducing greenhouse gases emitted by human activities and making actual emissions zero through removal of remaining gases. It is also called "Net-Zero" and "carbon zero". Korea has declared a "2050 Carbon Neutrality policy" to cope with the climate change crisis. Various carbon reduction legislative processes are underway. Since carbon neutrality requires changes in industrial technology, it is important to prepare a system for carbon zero. This paper aims to understand the status and trends of global carbon neutrality technology. Therefore, ROK's web platform "www.naver.com." was selected as the data collection scope. Korean online articles related to carbon neutrality were collected. Carbon neutrality technology trends were analyzed by future signal methodology and Word2Vec algorithm which is a neural network deep learning technology. As a result, technology advancement in the steel and petrochemical sectors, which are carbon over-release industries, was required. Investment feasibility in the electric vehicle sector and technology advancement were on the rise. It seems that the government's support for carbon neutrality and the creation of global technology infrastructure should be supported. In addition, it is urgent to cultivate human resources, and possible to confirm the need to prepare support policies for carbon neutrality.

• Journal of Arbitration Studies
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• v.33 no.4
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• pp.37-67
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• 2023

Arbitration is a just and efficient method for resolving economic disputes. It adapts to the needs of economic development and is an important institution in today's society. Around the world, a tradition of resolving disputes through arbitration spontaneously developed in ancient times and gradually evolved into a legal system with the development of jurisprudence starting from the Middle Ages. In China, formal legislation on arbitration began in the modern era during the Republic of China period. However, the origins of arbitration as a method for resolving disputes can be traced back to ancient times, during the Qin and Han dynasties. The most significant modern arbitration legislation in China is the "Arbitration Law" enacted in 1995, which drew on the experiences of foreign arbitration laws. Despite this, there are still many areas in arbitration legislation that require improvement based on practical experiences. Currently, revisions to the Arbitration Law are underway, and historical experiences may offer valuable insights, assisting in better integrating the Arbitration Law with Chinese society. This article primarily focuses on the role and impact of the imported modern commercial arbitration system in China and how it can be harmonized with China's legal culture in the future.

• Analyses & Alternatives
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• v.8 no.1
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• pp.137-167
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• 2024

This study sought to explain the reasons why the civic education bill failed to be enacted as many as 13 times. What we discovered as a result of our research is, first, the absence of a legislative strategy by the minority member of the national assembly on this bills. The Citizenship Education Bill was a controversial bill with great potential for ideological conflict, and after the 19th National Assembly, this bill was promoted by a minority of a specific political party. The Democratic Party's sponsoring lawmakers did not use active legislative strategies, such as exerting influence within the party to have these bills adopted as the party's platform, or developing them into major pledges for the general and presidential elections. Second, there is a consistent passive response from civic groups as well as lawmakers who signed the bill in an unfavorable public opinion environment. During the legislative process, opposing opinions were overwhelming, including concerns about the spread of leftist ideology, waste of budget and organization, and violation of neutrality and fairness in education. In addition, the passive attitude of field teachers and civic groups, who should be in charge of civic education, also served as a background for the legislative failure. Third, due to a lack of sharing of reliable information on recent theoretical research and global policy trends among stakeholders, legislation through an agreement between the ruling and opposition parties failed.

• Korean Security Journal
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• no.10
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• pp.103-125
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• 2005

Hazard are defined here as threat to life, well-being, material goods and environmental from the extremes of natural processes or technology. The challenges of natural and technology in increasing the exposure of people and property to risk pose a dilemma for any government seeking the fullest protection for its people and their property. As society progresses and as technology improves and becomes ever more intricate and far reaching, the human species is confronted with increasingly diverse and numerous catastrophic events. Not so infrequently, unfortunately, the impact of either a man-made or natural disaster is compounded by the fact that policy makers have neither prepared themselves or the public to respond appropriately to a disaster once the tragedy has struck. Many concerns have been raised for importance of emergency management after 1990's numerous urban disasters in Korea. Emergency management is the discipline and profession of applying science, technology, planning, and management to deal with extreme events that can injure or kill large numbers of people, cause extensive damage to property, and disrupt community life. When the primary function of private security is to protect lives and property of clients, emergency management should be included in the security service and many countermeasures should be carried out for that purpose. The purpose of this study is to establish ways and means needed to improve the private security emergency management system in Korea. This study is spilt into four chapters. Chapter I is the introduction part. Chapter II introduces the reader to a private security and emergency management theory, and Chapter III deals with the establishment of an effective emergency management system in Korea private security, Chapter IV is a conclusion. Policy makers and private security industry employers in Korea has not concerned with the importance of training and education by lack of recognition and has been passive about qualified guards. And the authorities supervising and the administrating the guards has not recognized the importance of private security and has neglected the training of the guards. In theses contexts, private security should develop and maintain a educational program of emergency management to meet their responsibilities to provide the protection and safety of the clients. Today's modern corporate security director, is, first of all, a competent, well-rounded business executive and, second, a 'service expert'. And, emergency management personnel in private security industry need continuous training.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.43-77
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• 2010

The development of the aviation industry has exponentially increased the volume of passengers and cargo and gradually expanded the damage scope of all kinds of accidents in the process of transportation. As a result, the need for aviation insurance has accordingly grown bigger and bigger every day. That is why most nations have a law to force mandatory insurance on the aviation industry. However, the Montreal Convention of 1999, which Korea also signed and today has the most extensive effect in the international civil aviation community, offers no clear interpretations about the coverage of aviation insurance along with the Air Transport Business Promotion Act of Korea. The advanced nations of air transport business such as EU, the U. S. A. and Canada prescribe the coverage of aviation insurance and have a law that makes it mandatory for all the passengers and third parties to cover air carrier's liability. EU requires them to include cargo and baggage in scope of coverage, and the U. S. A. and Canada recommend insuring by having a shipper receive a written notice containing information about whether the concerned cargo is insured or not. Making the scope of coverage of aviation insurance clear by law serves several purposes including diversifying risks for air transport companies, providing the victims with enough protection, observing the international accountability required in the air transport industry, and promoting the productive and sustainable growth of the aviation industry. Thus problems with Korea's aviation insurance should be resolved by clearly stating the coverage of aviation insurance that the Korean air carriers and operators need to insure according to the current state of Korea's air transport by consulting the legislations of the advanced nations in air transports. and enacting a law to comprehensively govern Korea's aviation insurance.