• The Korean Society of Law and Medicine
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• v.24 no.3
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• pp.125-153
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• 2023

The Supreme Court's en banc decision on December 12, 2022 (docket number 2016Do21314) presented a new standard for determining whether the use of diagnostic medical devices by Korean medical doctors constitutes oriental medical doctors constitutes unlicensed medical practice. Based on this standard, it was determined that the use of ultrasound by Korean medical doctors was not an unlicensed medical practice. Supreme Court's Decision 2016Du51405 on August 18, 2023, is the first case in which a new standard was applied to determine that an Korean medical doctor's use of electroencephalography to diagnose Parkinson's disease and dementia was not an unlicensed medical practice. The Supreme Court abolished the previous standard that Western medical knowledge and technology should not be required for Korean medical doctors to use medical devices. However, it was unclear whether Western medical diagnosis of Korean medical doctors using diagnostic medical devices would be viewed as an an auxiliary method of diagnosis. Parkinson's disease and dementia are Western medical diagnoses. The Supreme Court judged that the Western medical diagnosis of Korean medical doctors was not an unlicensed medical practice. This clearly explains what an auxiliary method of diagnosis means. In addition, the Supreme Court excluded the principles of development and production of electroencephalography from its judgment criteria. Automatic extraction and automatic reading of test results were also excluded. The criminal court's view that the meaning of oriental medical practice should be clearly and strictly interpreted from the perspective of an oriental doctor, and it was clarified that diagnostic medical devices were excluded from criminal punishment unless it was clear that they were not related to the principle of oriental medical practice. As a result, the Supreme Court made it clear that the use of diagnostic medical devices is excluded from criminal punishment unless it is clear that they are not related to the principles of Korean medicine.

• Journal of the Korean Society of Marine Environment & Safety
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• v.30 no.1
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• pp.58-64
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• 2024

Approximately 250 marine oil spill accidents have occurred in Korea, with profound impact on local communities and the environment. The restoration process necessitates significant resources and costs to return affected areas to their pre-accident state. In accordance with the polluter pays principle, compensation is demanded from polluter, as stipulated in both international conventions and national laws. Consequently, investigations are conducted to determine civil and criminal liability. As the importance of investigation actors in oil spill accidents increases, standards such as CEN 15522-2 and ASTM D 3248 are employed to determine the similarity between the spilled oil and the oil of the suspected ship. Among these standards, CEN 15522-2, the most actively used European standard, underwent its third revision and is now known as EN 15522-2, as of 2023. This study used EN 15522-2 to analyze samples from marine oil spill accidents that occurred in Korea. The results indicated that, considering the characteristics of domestic spills where light fuel oil spills account for more than 40%, the application of EN 15522-2, which includes low-boiling point substances such as Adamantanes, was confirmed to be highly effective.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.3-27
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• 2012

Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

• Korean Security Journal
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• no.48
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• pp.259-285
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• 2016

As the need for anti-terrorism legislation has been continuously argued, Anti-terrorism act has been enacted and enforced. On the other hand, there still remain a lot of points to be discussed regarding the definition of the concept of terrorism, matters of human rights violations, strengthening authority of the investigation and intelligence agencies, and mobilization military forces for the suppression of terrorism. Also, reviewing Anti-terrorism act and its enforcement ordinance draft, this legislation seems to regulate terrorist groups like IS. If so, in the case of terrorism of North Korea or domestic anti-government organizations, whether this law would be applied could become an issue. In the case of terrorism of North Korea, Ministry of National Defense has a right of commandership in the military operations, however, it is also possible to apply the article 4 of Natural Security Act a crime of performing objective-or a crime of foreign exchange on Criminal law as legal grounds for not military terrorisms but general investigations. Therefore, it is necessary to involve consideration about this matter. Furthermore, in the view of investigation, Anti-terrorism act and its enforcement ordinance draft do not mention Supreme Prosecutors Office and Ministry of Justice that conduct investigations. In the case of terrorism, the police and prosecution should conduct to arrest criminals and determine crimes at the investigation stage, however, any explicit article related to this content in Anti-terrorism act and its enforcement ordinance draft was unable to be found. Although Anti-terrorism act is certainly toward preventive aspects, considering some matters such as prevention, actions on the scene, maneuver after terrorism, arresting terrorists, investigation direction, cooperation, and mutual assistance, it is necessary to reflect these contents in Anti-terrorism act. In other words, immediately after terrorists attacks, it is possible to mobilize the military operations by Integrated Defense act in order to arrest them in the case of military terrorism. Nevertheless, because both military terrorism and general one are included in the investigation stage, it needs to begin an investigation under the direction of the prosecution. Therefore, above all, a device for finding out the truth behind the case at the investigation stage is not reflected in the current Anti-terrorism act and its enforcement ordinance draft. Accordingly, if National Intelligence Service approaches information at the prevention level in this situation, it may be necessary to come up with follow-up measures of the police, the prosecution, and military units.

• Korean Security Journal
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• no.36
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• pp.525-559
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• 2013

Modern society has been exposed to various dangers and crimes in the process of globalization, informationization, decentralization etc. along with the development of material civilization under rapid changing societal environment. These factors are exerting a lot of effects in public security environments, as result there are gradual interest about crime and crime prevention. Realization of responsibility who take charge of social safety, from public security to private security, appears important topic at the moment. The positive point of view which private security industry is responsible to cope with security spheres instead of public security has been emerged from the reason that the public security has limitation to solve security problems for themselves. It is the time to make effort to compromise the public security and the private security industry to forecast social change and prevent dangers in the advance. In Korea, there has been close cooperation between public security and private security for decades. Strongly emerging and interesting sphere is "Private Investigation(Private Detective)" in Korea at present. There has been some proposed legislations of private investigation for decreasing burden of public security and social sympathy about possibility of private investigation system is increasing now. In this study, we focused on the introduction of private investigation system through the analysis of bill proposals for last 14 years, for instance historical aspects, contents, the differences among bill proposals. Among these, a comparison on bill proposals of the 19th National Assembly's during 2012 - 2013 were analysed mainly. We examined the importance point at issue items for introduction of private investigation system. Suggestions for introduction of private investigation system is as follows. The necessity of independent bill for developmental private investigation system is needed and the main body should be a juristic person instead of a individual for the public interest and responsibility. For the good service of private investigation and to prevent the unqualified person become a private investigator, the recruiting system and examination of private investigator should be prepared well and take into consideration anticipated problems. Also the necessity of definite jurisdiction department's appointment to divide responsibility in operation.

• Korean Security Journal
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• no.50
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• pp.209-237
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• 2017

Theories on 'opportunity for crime' have utilized CCTV in crime prevention approach, and empirical studies showing crime prevention effects of CCTV have supported expansion of CCTV installation. Particularly, in Korea, the number of CCTV installation had tripled from 2011 to 2015, and governmental policies regarding CCTV have become one of the mainstream social control strategies. Although a couple of empirical studies showed decrease in crime rate due to CCTV installation, there is no study investigating B/C analysis(Benefit vs. cost analysis) of CCTV installation. B/C analysis results will be beneficial for official decision-making of criminal justice policy, and this study is purported to produce such fundamental evidence for policy making procedure. To fulfill this goal, this study collected data on financial information, crime data between 2011 and 2015 across the nation from 232 governmental district offices and the Korean National Police. This study then conducted two different B/C analyses(simple B/C analysis, regression-based B/C analysis). The simple B/C analysis results showed that 1) total costs for CCTV installation in 2014 was 68,626,000,000 won(approximately, US$57,188,333.00, money exchange rate 1200won=US$1), 2) benefits of crime reduction was 90,888,000,000 won(appx. US$75,740,000), and 3) B/C rate was 1.32. The regression-based B/C analysis results showed that 1) B/C rate was 1.52 when only reduced costs of criminal justice processes for crime employed, and 2) B/C rate was 3.62 when overall social costs including reduced costs of criminal justice processes and social benefits, e.g., reduction in costs for managing fear of crime, due to the crime reduction. Based on the results, this study provided policy implications.