• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.23-62
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• 2003

The Law amending the Conflict of Laws Act of the Republic of Korea ("Korea"), which had taken two years to prepare, was promulgated on April 7, 2001 and finally took effect as of July 1, 2001. Accordingly, the old earlier Conflict of Laws Act which was called "Seoboesabeop" in Korean ("Prior Act"Old Act) was replaced by the new Conflict of Laws Act called "Gukjesabeop" in Korean ("New Act"). In fact the Old Act Prior Act was promulgated in 1962, but it was regarded as outdated from the moment of its promulgation. However, since the Old Act because it was modeled after the chapter of the Private International Law of the Einfuehrungsgesetz zum Buergerlichen Gesetzbuch (EGBGB) of the Federal Republic of Germany ("German PIL") and the Japanese Private International Law ("Japanese PIL") which had been promulgated toward the end of the 19th century., the Old Act was viewed as outdated from the moment of its promulgation. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. In the field of conflict of laws in its narrow sense, a revolution or crisis of the traditional conflict of laws has been brought about by the advent in the United States rise of a the new methodology for of the conflict of laws, of the United States of America and in the process of overcoming the such crisis the conflict of laws of the European continent has undergone substantial changes such as the diversification of the connecting principles, the expansion of the principle of party autonomy and the consideration of the value of the substantive law to protect socio-economically weaker parties of. The Prior Act, which was based on However, with the mechanical connecting principles and contained various outdated the inappropriate provisions, the Old Act could not cope with the issues raised by the internationalization and globalization of the Korean society. Furthermore In addition, the Old Act Prior Act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, whereas the expectation of the public was that the Conflict of Laws a Act should function as the "Basic Law of the International Legal Relationships"encompassing rules on international jurisdiction given the increase of international disputes. Furthermore the private international law has also attracted more attention from the Korean At the beginning of the new Millennium, thanks to the promulgation of the New Act, I believe that Korea has succeeded in achieving the modest goal of reflecting in the its codification substantial parts of the major developments of the private international law which the leading advanced continental European countries had achieved during the last century. The New Act has followed the approach of the traditional conflict of laws of the European continent. It is a product of the efforts to eliminate the then existing problems of the Prior Old Act and to adapt the Korean private international law regime to the standard of international conventions and national laws of advanced countries. Unlike the Prior Old Act which was heavily dependent upon the prior Japanese PIL and the prior German PIL, the New Act has been prepared by taking into full account the Rome Convention, the Swiss PIL, the new German PIL which took effect in 1986 and various conventions adopted by the Hague Conference. Therefore, the New Act has substantially reduced dependence upon the Japanese PIL and the German PIL, and has gained relatively greater universal validity. The fact that the New Act expressly declares that the determination of international jurisdiction is a matter of conflict of laws is a clear sign that it has departed from the German tradition which confines the conflict of laws principles to choice of laws rules, and moved toward a broader and more practical approach widely accepted in the area of conflict of laws. It is hoped, and I am personally confident, that the New Act will be able to achieve its intended objectives in the 21st century as the basic law for the ever-increasing legal relationships with a foreign element.

• Journal of Korean Association for Spatial Structures
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• v.19 no.4
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• pp.85-94
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• 2019

Then 3D printing is used practically at construction sites, there is a serious lack of studies on the conflict with construction-related laws and expected operational problems. Accordingly, the purpose of this study is to present obstacles and directions for improvement in construction-related laws (Building Act, Construction Technology Promotion Act, Housing Act, Construction Machinery Management Act, etc.) for practical operation of 3D printing. The important results are as follows. Amending existing construction-related laws for 3D printing is irrational and inefficient in terms of structure and material. This study proposed a method of satisfying performance required by laws or standards based on the performance design method presented in existing laws and systems through structure and material performance certification procedure. In addition, inclusion of 3D printing equipment in the Construction Machinery Management Act results in various restrictions such as equipment inspection and certification of machine parts. As such restrictions can block vitalization of 3D printing, a long-term and step-wise approach was suggested.

• Korean Institute of Interior Design Journal
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• v.20 no.6
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• pp.340-349
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• 2011

The Act of Disability Discrimination and Rights Restriction established in 2008 states that all services including cultural and artistic activities should be fair and easily accessible for both disabled and non-disabled. While the previous society focused on providing the basic necessaries of life to disabled, the modern society gradually tuming their attention to improving quality of the life of disabled, especially in culture and art related activities. The Act of Disability Discrimination and Rights Restriction also states that the services for cultural and artistic activities should be provided from 2010. However in reality, there are contradictions among the Disability Discrimination Act, the Convenience Improvement Act for the Disabled, the Aged, and the Pregnant Woman, and the laws related architecture. So they are having difficulties technically with applying these laws. First, this research contains the comparison of domestic and foreign acts related to the legitimate accommodation uses of cultural and arts facilities for the disabled. Second, this research also lists the facts of conflict between the laws of legitimate accommodation uses for the disabled and the Architecture related laws. Finally, several suggestions are stating for the complementarily improved architecture-related laws which were based on the standard of foreign countries for the disabled.

• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.89-115
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• 2022

In this article, the Medical Act, the Emergency Medical Act, Act on remedies for injuries from medical malpractice and mediation of medical disputes were reviewed and interpreted based on the Civil Act. In the health and medical field, there are various laws that reflect changes in the medical field due to the development of health and medical technology, and their revision is very frequent. And the legislation has become very complicated. They contradict each other or require interpretation. In this situation, a person must take considerable care not to violate the law. In many cases, specific guidelines or authoritative interpretation are required to apply the law. Even guidelines and authoritative interpretations often conflict with civil law. In this article, errors in the legal text related to health care were found. In addition, it found a case that contradicts the civil law perspective in interpretation. Thus, it was confirmed that civil legal thinking was necessary to legislate, interpret, and apply health care-related laws.

• The Journal of Korean Medical History
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• v.26 no.2
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• pp.175-185
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• 2013

Purpose : The current Medical Law and the Pharmaceutical Affairs Act, which are incapable of utilizing the research results and the advanced academic, clinical, and pharmaceutical system of the present-day Korean (Oriental) medicine, have limitations and create a paradox by provoking social conflict among the professionals in the field. The aim of this study was to find out the legal and systematic problems that contributed to a complicated conflict amongst Korean (Oriental) medicine doctors, doctors, pharmacists, and Korean (Oriental) pharmacists regarding the classification of their functions. Methods : We reviewed the history and characteristics of the legislation regarding the duties of Korean (Oriental) medicine doctors and Korean (Oriental) pharmacists as well as the relevant and important public health policies since the enactment of the National Medical Services Law in 1951. We focused on the laws and regulations that are made in the process of the separating functions of physicians and pharmacists and the dispute between the Korean (Oriental) medicine doctors and the Korean (Oriental) pharmacists in the 1990s and 2000s. Results : The legislations and amendments of the medical and pharmaceutical laws and regulations that reflect the modern academic, clinical, and pharmaceutical system of the Korean (Oriental) medicine and the research results could be summarized as follows: 1) A partial amendment of the Medical Law in 1987, which added the provision of "Oriental health guidance" as one of the duties of Korean (Oriental) medicine doctors, assured a place for Korean (Oriental) medicine doctors in the field of public health. 2) A partial revision of Pharmaceutical Affairs Act in 1994 established a new system for Korean (Oriental) pharmacists, bringing about the creation of dualistic pharmaceutical system that complements the dualistic medical system. 3) The Promotion of the Research and Development of Wonder Drugs by Using Natural Substances Act was legislated in 2000 in order to stimulate research and development of Korean (Oriental) medicine and its industrialization. 4) Oriental Medicine Promotion Act in 2003 was enacted to lay foundation to specify and promote technology and industry that are related to Korean (Oriental) medicine. Discussions and conclusions : Although the dualistic medical and pharmaceutical system is set up by the Medical Law and Pharmaceutical Affairs Act, it is shown that the relevant regulations have been developed from a perspective of the western medicine.

• Journal of the Korean Society for information Management
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• v.26 no.1
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• pp.231-257
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• 2009

In South Korea the records management system nationwide has been developed based on 'the Act on public agencies' records management' which was first enacted in 1999. Furthermore, 'the Act on public records management 2006' has shifted a paradigm of records management to the digital records world. In this context, the records management standard, KS X ISO 15489 has a profound significance. Based on the principle of that there should not be any conflict between nationwide records management laws and standard, this study explores a meaning of the standard and discusses contradictive elements between the laws and standard. On the basis of the main contents of the standard's five categories, the study analyzes the laws in comparison with the standard. As a result, the study provides remedies for the current records management law and discusses a prospect of records management strategies in the 21st Century.

• Korean Journal of Agricultural Science
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• v.22 no.2
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• pp.223-230
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• 1995

Agricultural land act was promulgated 1994, 12, 22. Now this is the time to evaluate present agricultural land related laws and its implications. Land problem is a conflict between private characteristics of ownership and public characteristics of utilization. Agricultural development aeras are the key areas where the conflict is intersected. Agricultural development aeras have many regulations to their use, so the price is relatively low. However to keep the food sufficiencies and public purposes, government have to keep agricultural development aeras. To compensate the owners of agricultural development aeras, I suggested some measures. One is direct payment to the owners of agricultural development aeras, the others are environmental subsidies.

• Journal of the Korean Society of Radiology
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• v.16 no.5
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• pp.627-637
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• 2022

The purpose of this study is to comply with the operation and management of medical image information in PACS, the necessity of anonymizing the patient's personal information and the management status of the medical image information related to the personal The purpose of this study was to raise, discuss, and suggest the need for unification and coherence of the law by studying the content of the issues related to information related laws. In order to utilize information related to medical image information, it is necessary to unify the "Medical Act" or the "Bioethics Act" for clear legal application and consider the legal system's consistency. Since there is a possibility of conflict due to issues that are not yet established, systematic coherence of the law is required to find the basic common denominator for the utilization and use of medical image information and to harmonize the law. In addition, the necessity of enacting the "Medical Information Protection Act" that can be practically applied and easily practiced by medical personnel and managers in the clinical field so that sensitive matters of medical image information and personal information can be protected and managed in a specific and systematic way.

• Fire Science and Engineering
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• v.33 no.3
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• pp.91-97
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• 2019

In Korea, the Ministry of Environment's Chemical Control Act is the basis for hazardous chemical substances and safety management is being carried out. In particular, the standards for the installation and management of facilities are strongly managed. There were problems in the early stages of implementation, conflict with other laws, size of facilities and non-reflection of material properties. In this study, more realistic and reasonable improvement was planned for the fire-resistance standard of buildings among these facilities. We compared the fire resistance standards of buildings in the Korean similar chemical facility safety management ordinance. Key problems were identified through examples of representative complaints concerning the criteria for facilities. Finally, the Chemical Control Act provided an improvement measure to apply the building fire-resistance standard by clarifying the size and chemical of facilities. In the future, the results of this study are expected to be consistent with the basic purpose of the Chemicals Contral Act considering environmental hazards and contribute to the standard of handling facilities of reasonable chemical management laws that can be applied to the industry in reality.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.83-105
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• 2017

In contemporary society interest in and consumption of beauty treatment are increasing, raising interest in health and beauty. However, beauty-related laws are becoming factors of hindrance of beauty development. Currently the Public Health Control Act plays a basic role in the beauty art business in Korea, However the contents are in discord with international laws and its definition is not clear. Therefore it is causing conflicts of different occupations and job associations which are similar to art business. Especially, because neither definitions nor policies on beauty care devices exist in the Public Health Control Act, beauty care devices using in foreign countries cannot be used in Korea due to classification as medical devices. Under this circumstance, therefore, beauty care device uses by beauty artists violate the law. The government has tried to solve these irrational regulations. Recently, the Small and Medium Business Administration announced 'the improvement plan of small business and young founders site regulation for public economy recovery' in a ministerial meeting on December 28, 2016. Regulations on policy preparation for skincare devices were inclusive in this announcement. It is the question whether the regulations will be executed or not. Even though beauty industrial competitiveness was presented in the 18th Presidential Council on National Competitiveness in 2009, it was not practiced. The proposal bills for beauty law improvement have been put forth several times since 2000 including an improvement plan for regulating beauty care devices. However, so far there have been no improvements. The damage on the regulation classifying beauty devices as medical devices is not only restricted to skincare. This develops beauty devices and the beauty industry which imports and exports beauty devices. When beauty devices are exported, complicated procedures are unavoidable and when beauty devices are imported, irrational problems like reregistration procedures and costs occur. The reason why an improvement plan has not gone into practice is the resistance of the dermatologists' association. Dermatologists tend to stand positively against harming public health by saying that beauty devices used by beauty artists cause people to suffer side effects. In contrast, anyone who has a licence to use beauty devices is able to use them in foreign countries. It is not only infringement of one's right as a beauty artist but also people's right to receive beauty care services. With this reason, Korean's current law under which beauty devices are ruled as medical devices should be revised with accordance to domestic surroundings. Therefore in order to advance and globalize the beauty industry, the support and cooperation of the Korean government and relevant associations is needed to legislate and revise the beauty devices laws. The relevant associations abandon regional self-centeredness and cooperate to define ranges, size and management of beauty devices for safe use. If no collaboration exists, an arbitration agency should be established to solve the problem.