• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.209-236
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• 2013

The concept of expectation rights considers 'the expectation' that the patient should be given proper medical treatment as the benefit and protection of the law, so it would be the benefit and protection of the law due to personal rights different from 'the legal principle that has the possibility to a considerable extent' being in an extension of life and body. However, the problem how the patient's expectation of medical service sets up in order to make it the benefit and protection of the law would be still left in the vague concept of the patient's 'expectation', thus, in the first place, the medical practice following formed medical standard in every particular medical institutes should be the standard because these medical services are normally within a range of the patients' expectations. In addition, it should be naturally constituted as mental profit to get the subjective circumstances such as 'the patient's expectation' to be an object, and also, different from the profit and protection of the law such as life and body that should be absolutely protected, the origin of violation behavior should be regarded simultaneously to define the denotation of expectation rights. Therefore, the expectation rights violations would be problematic in case it fails to reach the medical standard that is expected for common doctors to practice properly. This is the concept of expectation rights that gets subjective matters such as the patient's expectation to be objectivity as medical practices that can be expected by generalized abstract doctors. This standard should be defined as the minimum standard that is naturally expected for doctors to practice, different from medical standard that decides the level of doctors.

• Journal of Legislation Research
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• no.41
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• pp.171-200
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• 2011

Protection of vulnerable people in our country today, "the National Basic Livelihood Security Act," is primarily responsible. But current law income and wealth, and by a person responsible for supporting consider only the absolute protection of the poor, and because it is insufficient for the protection of vulnerable people. Specifically, current law does not mean the relative poverty of vulnerable people is limited to the protection of economic demand. It also incorporates the payment of salaries paid individual because the people most vulnerable to social protection is insufficient demand. Dependent regulation is too strict and a person responsible for supporting do not receive legal protection by forming a dead zone is a major cause. In this study, the development direction for the protection of vulnerable people suggests. The first, "National Basic Livelihood Security Act" award in determining the minimum cost of living is relatively proposed to introduce the concept of poverty. Second, payment of the consolidation benefit and the individual benefit to adopt a intermix approach, the social needs of vulnerable people to adapt to that proposed. Third, a person responsible for supporting dependent criteria and whether according to the actual supporting to be judged.

• International Journal of Computer Science & Network Security
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• v.22 no.5
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• pp.215-219
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• 2022

Bankruptcy is one of the major areas that have attracted the interest of many researchers in the American system, particularly in terms of the laws that oversee it. It provides a plan of reorganization that enables the debtor or the proprietor to discharge liabilities to the creditors through dividing the assets to settle debts. This activity is carried out under supervision to fairly protect the interests of the creditors. Bankruptcy protection systems are dynamic and complex in nature, in line with the economic sector, ensuring the protection of affected individuals from falling into huge losses. Some bankruptcy procedures give the debtor the opportunity to stay in operation or business activity and benefit from revenues until the debt is settled. This law allows some debtors to be relived from any financial burden after the distribution of assets, even if the debt is not paid in full. In light of the above information, this research paper seeks to explore the nature of the complexity of bankruptcy protection laws, their characteristics, and the justice system that regulate them. It also sheds more light on the decision-making powers on bankruptcy cases. There are specialized courts that cover bankruptcy cases located in district courts in every state.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.167-188
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• 2011

The World Customs Organization (WCO) has designed standards to secure and to facilitate the ever-growing flow of goods in international commerce since 9.11 terrorism in U.S.A. These standards are set forth in the SAFE Framework of Standards, which was adopted by the WCO Council at its 2005 Sessions and the SAFE Framework incorporates the concept of the Authorized Economic Operator (AEO), and the Council directed the WCO to develop more detailed implementing provisions for the AEO concept. It is considered to be reliable in customs-related operations and ensures an equivalent level of protection in customs controls for goods brought into or out of the customs territory, whereas it is difficult for many Korean companies to make a decision of introducing the AEO certification programs because of a lack of cost and benefit information. In this article, We have reviewed the definition and the developing status of an AEO programmes and have studied the benefit and expected effect through documentary research methods. Therefore, it is essential for Korean companies to be certified the AEO programmes from Korea customs service for increasing security in international supply chains through risk management and customs compliance, in addition, the key-driver in the future will be expectations from the business community to work with AEO partners.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.117-143
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• 2010

Along with the development of digital technologies, the information obtained during the medical procedures was working as a source of valuable assets. Especially, the secondary use of personal health information gives the ordeal to privacy protection problems. In korea, the usage of personal medical information is basically regulated by the several laws in view of general and administrative Act like Medicine Act, Public institutions' personal information protection Act, Information-Network Act etc. There is no specific health information protection Act. Health information exchange program for the blood donor referral related with teratogenic drugs and contagious disease and medical treatment reporting system for income tax convenience are the two examples of recently occurred secondary use of health information in Korea. Basically the secondary use of protected health information is depend on the risk-benefit analysis. But to accomplish the minimal invasion to privacy, we need to consider collection limitation principle first. If the expected results were attained with alternative method which is less privacy invasive, we could consider the present method is unconstitutional due to the violation of proportionality rule.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.75-103
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• 2020

There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

• Korean Security Journal
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• no.43
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• pp.231-257
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• 2015

Today, the international community make every effort to suppress security crimes, to provide numerous institutional strategies and to prevent security crimes such as the terrorism and spy. Particularly, developed countries in the field of security are strengthening related legislation under new-security conditions. Things work a little differently about security crimes because the nation's benefit and protection of the law is the basis of individual benefit and protection of the law under investigation procedure of the security crimes. Therefore they have policy that permits major investigative agency under the arrest and detention procedure(e.g. security and communication monitoring ${\ldots}$). Criminal procedure's improvement and reinforcement are very important for events related security. But, The investigation procedure between criminal offense and security crimes makes no odds in the Korea. Continuance of such a national mood will accuse of not responding appropriately in preparation for new-security conditions recently. To revise with international best security legislation, We should institute a proper registration system in Korea's situation. This study have been discussing how to improve related legislation under new-security conditions through the cases analysis of the arrest and detention procedure in Korea.

• Journal of Korean Library and Information Science Society
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• v.44 no.2
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• pp.315-343
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• 2013

Public works has been created by the taxes of the people, so free access and use of public works without charge in the public sector must be guaranteed for the benefit of the public. To do this, above all, a legal basis for solving the problems of the process for copyright should be to establish. Therefore, this study examined the legal concept of public works and the concept and scope of public institutions. And this study, as legislation case to limit the copyright protection of public works, analyzed the relevant provisions of copyright law and the recent revised plan in the U.S., UK, and Germany. And then I analyzed the regulations for limitation of copyright protection of current copyright law and the draft of copyright law on public works in Korea. Based on the results of these analyses, this study suggested the legal revised plan to expand significantly the limitations of copyright in order to activate the use of public works in the library.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.83-139
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• 2019

Recognition of liability for damages due to medical malpractice has been developed largely on the basis of two paths. First is the case where there is an error in a physician's medical practice and this infringes upon the legal interests of life and body, and the compensation for monetary and non-monetary damages incurred from such infringement on life and body becomes an issue. Second is the case where there is a breach of a physician's duty of explanation that results in a infringement on the patient's right of autonomous decision, and the compensation for non-monetary damages incurred from such infringement becomes an issue. However, even if there is a medical error, since it is difficult to prove the causation between the medical error of a physician and the infringement upon legal interests, the physician's responsibility for damage compensation is denied in some cases. Consider, for example, a case where a patient is already in the final stage of cancer and has a very low possibility of a complete recovery even if proper treatment is received from the physician. Here, it is not appropriate to refuse recognition of any damage compensation based on the reason that the possibility of the patient dying is very high even in the absence of a medical error. This is so because, at minimum, non-monetary damage such as psychological suffering is incurred due to the physician's medical error. In such a case, our courts recognize on an exceptional basis consolation money compensation for losing the chance to receive proper treatment. However, since the theoretical system has not been established in minutiae, what comes under the benefit and protection of the law is not clearly explicated. The recent discourse on compensating for damages incurred by patients, even when the causation between the physician's medical error and infringement upon the legal interests of life and body is denied, by establishing a new legal interest is based on the "legal principle of loss of opportunity for treatment." On what should be the substance of the new legal interest, treatment possibility argument, expectation infringement argument, considerable degree of survival possibility infringement argument and loss of opportunity for treatment argument are being put forth. It is reasonable to see the substance of this protected legal interest as "the benefit of receiving treatment appropriate to the medical standard" according to the loss of opportunity for treatment argument. The above benefit to the patient is a value inherent to human dignity that should not be infringed upon or obstructed by anyone, and at the same time, it is a basic desire regarding life and a benefit worthy of protection by law. In this regard, "the benefit of receiving treatment appropriate to the medical standard" can be made concrete as one of the general personal rights related to psychological legal interest.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.461-503
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• 2008

The right to live is the most valuable benefit and protection of the law. And Medical science is the study considering value of life as the top priority. As modern medical science has progressed and expanding lifespan skills have developed, the number of symptom, called a human vegetable, has been also increased. As a result, people concerns whether euthanasia should be permitted. (1) Active euthanasia is prohibited and a doctor who conduct it is punished. (2) Indirect euthanasia can be permitted unless it is against a patient's intention. (3) Permission of passive euthanasia depends on intention of a patient. In other words, when a patient accepts, a doctor respects the right of self determination of patient and irreversible situation such as brain death happens, treatment stop is permitted. Even a patient who is in the last stage of cancer has a right to die in the dignity and elegance. Solutions for ceasing medical treatment are as follows; First, establishment of 'Bioethics Committee'. Second, setting procedures to empower a court a right to decide whether medical treatment is ceased. Third, setting procedure a government to assist treatment fees. In this paper, direction for social agreement of legal policy regarding the ceasing treatment is provided.