• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.73-98
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• 2016

This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.177-214
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• 2016

During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

• Korean journal of communication and information
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• v.43
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• pp.247-281
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• 2008

The purpose of this article is to re-examine the issue of Chobo's origin, which has not been clearly determinated thus far. Also, the research investigates Chobo's name, time point of discontinuance, character of the article on disaster, and civil-printed incident of Chobo during King Sunjo. As an internal bulletin, handwritten Chobo began to come out at the end of 15th century, roughly King Sungjong period of Chosun Dynasty. Systematically developed in the period of King Jungjong, it had continuously been released until November, 1907 when fairly organized and competitive commercial daily newspapers were published and when the office of secretary named Biseogam was abolished. Because handwritten Chobo was exclusive and narrow in its communication nature and difficult to read it's fast handwritten Nancho calligraphic style, in August, 1577 (10th year of King Sunjo) a few civilian in Seoul obtained a permission from authorities (Uijungboo and Sahunboo) published a wooden type printed Chobo. Unfortunately, privately printed Chobo was forced to cease in 3 month because of King Sunjo's oppressive measure. However, considering it was published for a profit by civilian and used the world's first type printing, it is highly probable that Chobo seems to be the world’s first type printing commercial daily newspaper.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.145-167
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• 2016

UN Security Council is entitled to power for determining the existence of the threat to the peace. Specifying the provisions adopted in accordance with the chapter 7 of the UN Charter, its resolution is deemed as document confirming its decision about the threat to the peace. In general, resolutions adopted by the Security Council acting under Chapter VII of the Charter, are considered binding, in accordance with Article 25 of the Charter. Regarding to the terms of the Resolutions to be interpreted, the word "decide" is used as to the suspension of the ballistic missile program, the word "demand" is used as to the stopping of the the launch of ballistic missile, and the word "demand" is used as to return to the missile test moratorium. These provisions may be deemed to determining specific obligations to be imposed upon the States in accordance with the 1967 Outer Space Treaty. On the other hand, the Resolutions may be limited to the decision, not leading to a sort of international legislation, the main purpose of which is to provide a legal basis for international sanctions against Northe Korea. North Korea missile test case has reminded us of continuing discussion about whether the decision of the Security Council lacks the legislative authority due to its decision process. Furthermore, having regard to the outer space and space activities, the outer space law regime would be not compatible with the Security Council decision process in that the former presupposes the agreement among all States parties, while the latter based upon the agreement between Council member States. Therefore, it is premature to consider the Security Council decision as becoming the lex specialis of the space law regime.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.133-162
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• 2019

Due to the nature of medical malpractice lawsuits, it is difficult for medical consumers, who are weak in getting information when it comes to health care problem, to secure all information inside the hospital. Even if you are confident about the hospital infection, it is true that people have difficult to obtain medical testimony by expert. It is seen as no easy task to testify to the malpractice of colleagues who work in the same field not only in our country but also abroad, when a doctor gives negative testimony to another doctor in a medical malpractice lawsuit. Although few health care providers will be motivated to take medical care from the outset, testimony or statements from a medical practitioner can have a significant impact on the outcome of a lawsuit, as it is impossible for the patient to control or be aware of the whole process of medical conduct, especially in the event of a hospital infection and the victim. If the hospital can prove the causality of damages caused by negligence of the employees or supervision of the hospital itself in a medical suit caused by the infection, the level of protection of the victim could be raised further. We sought to find a solution to these problems by looking at the provisions of other laws related to hospital infection. In particular, as the comparative legal review regarding hospital infection, Germany's legislative precedent sets a medical contract as a typical civil law contract, so it is thought that looking at German civil law regulations also has implications for Korean law. We also tried to improve the French Special Act 'rights of patients' and we can look at the consequent changes in court cases. Finally, the content of the U.S. case's and the theory of 'the doctrine of res ipsa loquitur' in relation to it show that doctors and hospitals have been forced to shift the burden of proof through this theory. This paper tried to find out the implications of mitigating the burden of proof by reviewing various issues that might be related to medical litigation of hospital infection from a comparative point of view.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.113-142
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• 2018

In recent years, there have been opinions in which physicians are liable to the revocation of their medical license if they are sentenced to above a certain level for criminal charges regardless of the types of offenses. Accordingly, a revised bill of law was submitted in the National Assembly, and related discussions are thus expected to commence. Considering the morality and ethics or the level of the rule of law that the general public expects of physicians, as well as the license revocation system in other professional sectors, it is assessed that medical license revocation due to criminal convictions of physicians is appropriate to some degree. However, if a poorly devised system is established based on unrefined inferences or emotional judgements, unexpected side-effects are likely to arise. With regard to serious criminal acts that society generally perceives as unacceptable, it can be assessed that the revocation of physicians' licenses would appropriately protect the general public from threats. However, given the life-saving characteristics of high-risk medical practices, higher malpractice exposures, and social values, it is difficult to assess charges of professional negligence resulting in death(or in injury) and minor offences in the same manner as anti-social criminal offences are handled. Physicians need to be treated the same as any other professions. At the same time, they are engaged in administering medical treatment to patients in the face of great risks as professionals. Under the circumstances, a discussion on the introduction of a more specific and empirical system is needed by considering the intrinsic characteristics of medical treatment and the need for an equitable health and medical policy. Accordingly, based on the above judgment and perception, this study explores the code of ethics for physicians and medical license revocation related to criminal offences at home and abroad, and examines various legislative alternatives appropriate for the Republic of Korea. In doing so, the purpose of the study is to contribute to the development of a reasonable system for handling criminal offences by physicians.

• Journal of Science and Technology Studies
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• v.1 no.1 s.1
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• pp.201-234
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• 2001

Sociology(or social science in general) is often diagnosed as in the state of 'crisis' after the collapse of socialism and the erosion of national societies because of rapid globalization. This paper introduces some recent work within science and technology studies(STS) and discusses its potentials to reinvigorate sociology. Although sociologists have rarely regarded STS as contributing to 'mainstream' issues in sociology, an increasing number of STS writers and sociologists have recently started to notice such possibilities. One main reason of this recent change is that STS is no longer merely concerned to convey substantive findings about science and technology, but instead attempts to reconstruct key notions of sociology such as 'social', 'society' and 'agency'. It is in this respect that the discussion below aims to introduce, discuss, and assess the potential contribution of some recent work of STS to sociology. In particular, it is 'actor-network theory'(ANT) that explicitly attempts to examine and suggest the ways in which STS ran help innovate sociology. One major characteristics of ANT is to impute 'agency' to things(nonhumans) unlike traditional sociology. ANT argues that if sociology studies heterogeneous relationships between humans and nonhumans instead of human relations only, it can become once again a vigorous discipline which is able to provide alternative worlds central to the basis of sociology. So this paper focuses on, not the diverse approaches of STS, the characteristics of ANT and its potential contribution to sociology. The author concludes that ANT can not only rejuvenate sociology by implicating new forms of alternative worlds but also open the possibility to contribute to the democratic reformulation of human-nonhuman relationships.

• The Magazine of the IEIE
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• v.29 no.6
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• pp.76-80
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• 2002

'Liquid Crystal의 상전이(相轉移)와 광학적 이방성(異方性)이 1888년과 1889년 F. Reinitzer와 O. Lehmann에 의해 Monatsch Chem.과 Z.Physikal.Chem.에 각각 보고된 후 부터 제2차 세계대전이 끝난 뒤인 1950년대 까지는 Liquid Crystal을 단지실험실에서의 기초학문 차원의 연구 대상으로만 다루어 왔다. 1963년 Williams가 Liquid Crystal Device로는 최초로 특허 출원을 하였으며, 1968년 RCA사의 Heilmeier등은 Nematic 액정(液晶)에 저주파(低周波) 전압(電壓)을 인가하면 투명한 액정이 혼탁(混濁)상태로 변화하는 '동적산란(動的散亂)'(Dynamic Scattering) 현상을 이용하여 최초의 DSM(Dynamic Scattering Mode) LCD(Liquid Crystal Display)를 발명하였다. 비록 150V 이상의 높은 구동전압과 과소비전력의 특성 때문에 실용화에는 실패하였지만 Guest-Host효과와 Memory효과 등을 발견하였다. 1970년대에 이르러 실온에서 안정되게 사용 가능한 액정물질들이 합성되고(H. Kelker에 의해 MBBA, G. Gray에 의한 Cyano-Biphenyl 액정의 합성), CMOS 트랜지스터의 발명, 투명도전막(ITO), 수은전지등의 주변기술들의 발전으로 인하여 LCD의 상품화가 본격적으로 이루어지게 되었다. 1971년에는 M. Shadt, W. Helfrich, J.L. Fergason등이 TN(Twisted Nematic) LCD를 발명하여 전자 계산기와 손목시계에 응용되었고, 1970년대 말에는 Sharp에서 Dot Matrix형의 휴대형 컴퓨터를 발매하였다. 이러한 단순 구동형의 TN LCD는 그래픽 정보를 표시하는 데에는 품질의 한계가 있어 1979년 영국의 Le Comber에 의해 a-Si TFT(amorphous Silicon Thin Film Transistor) LCD의 연구가 시작되었고, 1983년 T.J. Scheffer, J. Nehring, G. Waters에 의해 STN(Super Twisted Nematic) LCD가 창안되었고, 1980년 N. Clark, S. Lagerwall 및 1983년 K.Yossino에 의해 Ferroelectric LCD가 등장하여 LCD의 정보 표시량 증대에 크게 기여하였다. Color화의 진전은 1972년 A.G. Ficher의 셀 외부에 RGB(Red, Green, Blue) filter를 부착하는 방안과, 1981년 T. Uchida 등에 의한 셀 내부에 RGB filter를 부착하는 방법에 의해 상품화가 되었다. 1985년에는 J.L. Fergason에 의해 Polymer Dispersed LCD가 발명되었고, 1980년대 중반에 이르러 동화상(動畵像) 표시가 가능한 a-Si TFT LCD의 시제품(試製品) 개발이 이루어지고 1990년부터는 본격적인 양산 시대에 접어들게 되었다. 1990년대 초에는 STN LCD의 Color화 및 대형화(大型化) 고(高)품위화에 힘입어 Note-Book PC에 LCD가 본격적으로 적용이 되었고, 1990년대 후반에는TFT LCD의 표시품질 대비 가격경쟁력 확보로 인하여 Note-Book PC 시장을 독점하기에 이르렀다. 이후로는 TFT LCD의 대형화가 중요한 쟁점으로 부각되고 있고, 1995년 삼성전자는 당시 세계최대 크기의 22' TFT LCD를 개발하였다. 또한 LCD의 고정세(高情細)화를 위해 Poly Si TFT LCD의 개발이 이루어졌고, 디지타이져 일체형 LCD의 상품화가 그 응용의 폭을 넓혔으며, LCD의 대형화를 위해 1994년 Canon에 의해 14.8', 21' 등의 FLCD가 개발되었다. 대형화 방안으로 Tiled LCD 기술이 개발되고 있으며, 1995년에 Sharp에 의해 21' 두장의 Panel을 이어 붙인 28' TFT LCD가 전시되었고 1996년에는 21' 4장의 Panel을 이어 붙인 40'급 까지의 개발이 시도 되었으며 현재는 LCD의 특성향상과 생산설비의 성능개선과 안정적인 공정관리기술을 바탕으로 삼성전자에서 단패널 40' TFT LCD가 최근에 개발되었다. Projection용 디스플레이로는 Poly-Si TFT LCD를 이용하여 $25'{\sim}100'$사이의 배면투사형과 전면투사형 까지 개발되어 대형 TV시장을 주도하고 있다. 21세기 디지털방송 시대를 맞아 플라즈마디스플레이패널(PDP) TV, 액정표시장치 (LCD)TV, 강유전성액정(FLCD) TV 등 2005년에 약 1500만대 규모의 거대 시장을 형성할 것으로 예상되는 이른바 '벽걸이TV'로 불리는 차세대 초박형 TV 시장을 선점하기 위하여 세계 가전업계들이 양산에 총력을 기울이고 있다. 벽걸이TV 시장이 본격적으로 형성되더라도 PDP TV와 LCD TV가 직접적으로 시장에서 경쟁을 벌이는 일은 별로 없을 것으로 보인다. 향후 디지털TV 시장이 본격적으로 열리면 40인치 이하의 중대형 시장은 LCD TV가 주도하고 40인치 이상 대화면 시장은 PDP TV가 주도할 것으로 보는 시각이 지배적이기 때문이다. 그러나 이러한 직시형 중대형(重大型)디스플레이는 그 가격이 너무 높아서 현재의 브라운관 TV를 대체(代替)하기에는 시일이 많이 소요될 것으로 추정되고 있다. 그 대안(代案)으로는 비교적 저가격(低價格)이면서도 고품질의 디지털 화상구현이 가능한 고해상도 프로젝션 TV가 유력시되고 있다. 이러한 고해상도 프로젝션 TV용으로 DMD(Digital Micro-mirror Display), Poly-Si TFT LCD와 LCOS(Liquid Crystals on Silicon) 등의 상품화가 진행되고 있다. 인터넷과 정보통신 기술의 발달로 휴대형 디스플레이의 시장이 예상 외로 급성장하고 있으며, 요구되는 디스플레이의 품질도 단순한 문자표시에서 그치지 않고 고해상도의 그래픽 동화상 표시와 칼라 표시 및 3차원 화상표시까지 점차로 그 영역이 넓어지고 있다. <표 1>에서 보여주는 바와 같이 LCD의 시장규모는 적용분야 별로 지속적인 성장이 예상되며, 새로운 응용분야의 시장도 성장성을 어느 정도 예측할 수 있다. 따라서 LCD기술의 연구개발 방향은 크게 두가지로 분류할 수 있으며 첫째로는, 현재 양산되고 있는 LCD 상품의 경쟁력강화를 위하여 원가(原價) 절감(節減)과 표시품질을 향상시키는 것이며 둘째로는, 새로운 타입의 LCD를 개발하여 기존 상품을 대체하거나 새로운 시장을 창출하는 분야로 나눌 수 있다. 이와 같은 관점에서 현재 진행되고 있는 LCD기술개발은 다음과 같이 분류할 수 있다. 1) 원가 절감 2) 특성 향상 3) New Type LCD 개발.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.8
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• pp.280-291
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• 2016

The Invention Promotion act is one of the acts that have been frequently revised. Such frequent revisions have been pointed out as a major cause of the recent ongoing discussion on the alignment of the Invention Promotion Act. For proper alignment of the Act, diversified perspectives and issues have been discussed. Of them, the talk considering the effect of the 2011 Framework Act on Intellectual Property establishment on the Invention Promotion Act has received increasing attention. In this situation, this paper examined the relationship between the Framework Act and Invention Act with special focus on the relationship between the framework-formed law and an individual act that has existed prior to such a framework act. Based on this analysis, this study examined the alignment goal of the Invention Act. In addition, by studying the relationship between the recently-established framework act and the individual act along with revision case examples thereof, this paper aimed to produce a standard reflecting the legal reality. This study assumed that, although it is difficult to recognize any formal superiority in the Framework Act on Intellectual Property in the present South Korean legal regime, some practical superiority or practical supremacy is still deemed to be acknowledged. Under this assumption, it was found in this study that the Invention Promotion Act would also need to be managed in an appropriate relationship with the Framework Act within the range of such an attitude. Moreover, the structure would need to be reorganized. As discussed partially at the practical level, however, the Invention Promotion Act is an execution act of the Framework Act on Intellectual Property. Furthermore, it is inappropriate to seek to converge the full structures completely, given the limitations of the South Korean legal regime and the fairness balance with other legal cases. It is deemed that, although the provisions of the Framework Act on Intellectual property should be considered at the practical level, the Invention Promotion Act will need to be respected for its legislative purpose in itself.

• Environmental and Resource Economics Review
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• v.13 no.3
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• pp.519-547
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• 2004

This paper analyze problems about scope of specific trade obligations(STOs), principle of dispute settlement procedure, and non-parties in context of the Cartagena Protocol on Biosafety(POB), which based on sub-paragraph 31(i) of DDA WTO Ministrial Declaration. The implications based on result of this study are as follows. First, to accept the wider scope of STOs under POB in Korea, importing country, won't be harmful to LMOs and Bioindustry. Instead, it will ensure a high level of biosafety concerning the import of LMOs. Exporters can take different kinds of trade measures to countervail adverse effect on the export of LMOs in this case. Therefore importer will endure the aftereffect. However, if korea were in exporter's place, to accept the wider scope STOs under POB will not have a good influence on the export of LMOs. Korea, therefore, should devise scheme for responding to debate about the STOs in MEAs, which have to be based on cost-benefit analysis and scenarios taking into account of speed and level in biotechology progress, status and trend of LMOs R&D and production, and condition of other industries. Second, it is not easy to agree with applying to what's rule between the POB and WTO for settlement dispute. Because there is the incompatibility between the POB characterized according to social rationality and WTO's rules for safety and environmental protection characterized according to scientific rationality. This issue have to be discussed for long period due to gap like that. Accordingly Korea, one of major LMOs importing countries, should suggest continuously that the effort is needed to ensure an adequate level of protection in transboundary movements of LMOs and scientific, environmental and socio-economic study. Third, in case of dispute between party and non-party of the POB, the duties under the WTO of non-party of the POB(if WTO member country) is valid. The country, therefore, will try to settle dispute based on WTO's rules. However, international society have to ensure for sound and safe use of LMOs in the field of transboundary movements. Accordingly Korea should devise scheme for preventing the possibility of dispute between party and non-party of the POB(if WTO member country), which is supported by policy options under the POB.