• Korean Security Journal
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• no.42
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• pp.361-391
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• 2015

Regarding the [Government Organization Act; which is legislated on 19th November, 2014] Korea Coast Guard(KCG) has been re-organized and belong from Korea Coast Guard shall be established under the Minister of Oceans and Fisheries to Ministry of Public Safety and Security. Furthermore, National Police Agency(NPA) Commissioner has the right for administer duties concerning investigation and information by succession from Korea Coast Guard Commissioner. That means that main rule has been moved from prior KCG to Ministry of Public Safety and Security(MPSS) and NPA currently which is dual structure. Meanwhile, This kind of organization change has been effective to investigative agency which exert KCG's call of duty and causes needs of variety problems. In other words, There are quite huge changes such as KCG's reduction of their work, call of duty and re-organization regarding revised government organization act. However this change - including re-organization by government, was not able to take current MPSS's special features such as organization specialty and legal rights. It means, the current change has not been taken present law system CRIMINAL PROCEDURE LAW and there was no preparation to stable maritime police authority action as well. To sum up, this revised GOVERNMENT ORGANIZATION ACT is supposed to provide total, quick security service by establishing strong disasters and safety control tower. However they only contains few area such as organization revision regarding 'Sewol Ferry Disaster', they was not able to contain the other parts of Society. Therefore, in this article I would like to check the part of re-evaluation of current change made by KCC's organization revision. It is supposed to provide better legal stability by making clear of work area by government agencies who acts maritime police authority.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.41-72
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• 2018

In the division of labor (or teamwork) in medicine, the responsibility of medical and nursing staff should be separated or distributed to justify negligent criminal offenses. The present work refers to the standards by which the due diligence and responsibility of the individual persons are to be determined and delimited. In this context, it has been proven that objective theory as a measure of due diligence is appropriate. From a moral point of view, when assessing due diligence, it makes sense to impose greater individual or higher performance demands on the perpetrator, but law and order require that due diligence should result from socially relevant human behavior. To give objective measure of negligence and to provide the highest level of personal responsibility, so that man can not be burdened too much responsibility and it is accordingly with an equality theorem. Afterwards some points are presented, which should be considered in a concrete fact in the determination of the medical negligence. Medical action has specific characteristics such as professionalism, discretionary and exclusive, unbalance of information. These characteristics distinguish medical actions from general negligence. The general level of knowledge, the urgency, working condition and working environment of the medical facility, duration of the professional practice, assessment of the medical activity are crucial in this context. As a standard of delineation of due diligence, I have used the permitted risk and the principle of trust. In the horizontal division of labor, the principle of trust applies. The principle of trust applies in principle in cases of division of labor interaction, when doctors in the same hospital exercise their own specific occupational field or everyone works in another hospital. However, this is not true for every case. In the vertical division of labor, the principle of trust does not apply and the senior physician can not trust the assistant doctors. In this case, the principle of trust is converted into a duty of supervision for assistant doctors by the senior physician. This supervision requirement could be used as a random check.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• The Korean Journal of Archival Studies
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• no.54
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• pp.111-150
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• 2017

This paper examines the current situation of sources on Korean Class B and C war criminals attached as civilians to the Japanese military during the Asian Pacific War charged with cruelly treating Allied POWs in Japanese POW camps, and also explores the possibility of a joint Korean-Japanese archive of these sources. The Japanese government agreed to the judgement of war crimes by accepting the terms of the Potsdam Declaration, and the Allied troops carried out the judgement of Class B and C war crimes in each region of Asia and the International Military Tribunal for the Far East (also known as the Tokyo Trials). However, many non-Japanese such as Koreans and Taiwanese from the Japanese colonies were prosecuted for war crimes. The issues of reparations and restoring their reputations were ignored by both the Korean and Japanese governments, and public access to their records restricted. Most records on Korean Class B and C war criminals were transferred from each ministry to the National Archives of Japan. The majority are copies of the judgements of war crimes by the Allied nations or records prepared for the erasure of Japanese war crimes after each department operated independently of the Japanese government. In the case of the Diplomatic Archives of the Ministry of Foreign Affairs, such records focused mostly on their war crimes and the transfer of B and C war criminals within Japan and the diplomatic situation. In the case of Korea and Taiwan, these records were related to the negotiations on the repatriation of Class B and C war criminals. In addition, the purpose of founding of the Japan Center for Asian Historical Records and its activities demonstrate its tremendous utility as a facility for building a joint Korea-Japan colonial archive. Thus, the current flaws of the Japan Center for Asian Historical Records should be improved on in order to build a such a joint archive in the future.

• The Journal of Korean Philosophical History
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• no.43
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• pp.141-170
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• 2014

Science of gaining knowledge by the study of things[格物致知學]' is the translation of Science in Chosun age. Science of gaining knowledge by the study of things[格物致知學] which is the highest stage of new science is the symbol of the transfer of universal culture to the western modern civilization from old-fashioned confucianism. Modern western culture and the scientific way of thinking make man as a object to scientific research. Thinking method of social Darwinism made man believe to think like them as the modern method. And also such thinking method made man militarism and imperialism are right thinking and research methods. The core to think the science of gaining knowledge by the study of things[格 物致知學] as a violent thinking method is the Confucianism. By this method Park Eun-sik criticize this side of scientific technology as the means of militarism. Till now we pointed to think of the traditional philosophy as the tool of the western modern philosophy about war criminal. Now we rethink of the Confucianism asset as a tool of Korean Modern Culture. Musungmumul[無誠無 物] will offer moral basis to think humanism of the scientific technology of the modern western culture.

• The Journal of Korean Philosophical History
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• no.56
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• pp.47-80
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• 2018

The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

• (The)Study of the Eastern Classic
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• no.37
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• pp.63-91
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• 2009

This study presents an investigation into the Sahyang process and activities of the individuals whose Sahyang(receiving Gwanhyang from the king) was confirmed in the Shilrok documents of early Chosun among naturalized citizens(Hyanghwains). In early Chosun, there were four Chinese(Oh Jin, Lee Min-do, Dang Seong, and Mae Woo) in the Sahyang cases with more of those cases found among Hoigol-in(Seol Jang-soo, an Uighur) and Oioa-guk nationality(Lee Hyeon) from the countries bordering on Western China and two Japanese(Pyeong Sun and Pi Sang-ui). They were naturalized from the reign of King Chungryeol of Goryeo to the first year of King Jeongjong's reign of Chosun. They were diverse to include the great grandfather, grandfather, and father of the individual that received Gwanhyang and himself. There were one case of Sahyang during the reign of King Taejo, four during the reign of King Taejong, one during the reign of King Sejong, and three during the reign of King Sejo. The Gwanhyang they received was wide spread across the nation including Gyerim, Imju, Haeju, Sangju, Milyang, Chungju, Changwon, Dongrae, and Taean. It's very likely that the place of Sahyang was Cheohyang. Many of those who received Gwanhyang were translators and achieved great feats in Chosun's diplomacy with Ming Dynasty and Japan. There were also those who worked in medicine, art of divination, and articles of a criminal code. Seol Jang-su, who passed the state exam of Chosun, was in charge of Jigonggeo, and Lee Min-do and Dang Seong made a contribution to the establishment of Chosun and became big or small meritorious retainers at the founding of Chosun. It's all thanks to those performances that they had the honor of Sahyang of receiving Gwanhyang. Although they were the Gwanhyang with the honor of Sahyang, there is no confirmation of the descendents of the Lee family of Imju, the Pyeong family of Changwon, and the Pi family of Dongrae. While the descendents of the naturalized Chinese still remain in the nation, those of naturalized Japanese ceased to exist, which must be closely related to Chosun's perceptions of other nations those days.

• The Southeast Asian review
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• v.28 no.2
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• pp.213-247
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• 2018

Thailand in 2017 the public sentiment has turned against the military government. The four pledges the military declared immediately after the 2014 coup, restoration of democracy, addressing of divisive politics, eradication of corruption, and stimulation of the economy have all failed. In the same year, however, Thai military junta began to recover it's diplomatic relationship with western countries including US and EU owing to promulgation of the new constitution endorsed by King Maha Vajiralongkorn and the lavish funeral of late King Bhumibol Adulyadej which was attended by huge number of condolence delegations from around the world including US Defense Secretary James Mattis. Since the 2014 coup, US has sanctioned the country under military junta led by General Prayuth Chan-o-cha for urging them back to the barracks. EU also joined this sanction measures. US signaled change in it's policy when General Prayuth got the chance to visit US and meet President Donal Trump in 2017. General Prayuth Chan-o-cha's military junta could start to restore it's reputation internationally. Domestically, he used absolute powers based on section 44 of the interim constitution, also guranteed in the new constitution. Oversea and national human rights groups have criticized that the interim constitution for permitting the NCPO, Thai military junta's official name, to carry out policies and actions without any effective oversight or accountability for human rights violations. On 1 December 2017, Thailand marked the one-year anniversary of King Maha Vajiralongkorn's accession to the throne as the country's new monarch, Rama X. In the first year of King Rama X's reign, arrests, prosecutions, and imprisonment under Article 112 of Thailand's Criminal Code (lese-majeste) have continued unabated in Thailand. NCPO has continued to abuse Article 112 to detain alleged violators and curb any form of discussion regarding the monarchy, particularly on social media. In this worsening human rights environment General Prayuth Chan-o-cha enforced continuously campaign like Thai-style democracy- an effort to promote largely autocratic 'Thainess' in such a way that freedom of expression is threatened. It is a resurgence of 'Sarit Model'. In the beginning of 2017 Thai military government raised the slogan of 'opportunity Thailand' in the context of 'Thailand 4.0' project which attempts to transform Thai economy based on industry-driven to innovation-driven for recovering robust growth. To consider freedom and liberty as a source of innovation, 'Thailand 4.0' led by 'Sarit Model' without democracy would be skeptical.

• (The)Study of the Eastern Classic
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• no.48
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• pp.253-287
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• 2012

This research aimed to discuss the necessity of education and evil through perspective of Sunja and Hannah Arendt. In case of Sunja, it was reviewed by his opinion about Sunja as the central figure. As for Arendt, it was researched with "Eichmann in Jerusalem" as the central figure which she wrote participating in the trial process of Eichmann who was a war criminal of Nazi. Sunja thought evil as the nature of people and understood that they all are originally selfish, envious, and seeking desire. Therefore, Sunja thought it is important to properly seek human desire. He claimed Haw Seong Gi Wi(化性起僞, changing evil human nature into goodness through manner) which changes human nature from evil to goodness. A teacher who leads evil into goodness is surely needed in the process of Haw Seong Gi Wi. At the same time, in the dimension of educational content it put stress on the role of Ye(禮, manner) which lets them realize discernment so that they properly seek human desire and Ak(樂, harmony) which harmoniously controls human emotion, and key point on education regarding Ye and Ak. As for Arendt, however, she recognized evil as normal one. Even though he thought that conforming the order of superior authority was the best value and then took evil of killing many Jews in thoughtlessness, Eichmann maintained that he did not take evil but only conformed the order. This way, people could take evil in thoughtlessness in totalitarianism, and it makes circumstance that they could not take goodness. Therefore they could take evil in thoughtlessness and experience the radical evil and the banality of evil. Accordingly, political praxis which guarantees people's plurality as the words and praxis is needed. It is named natality because the truth that they are born in this world is a starting point, and makes the essence of education. In this process, teachers have to be a representative of this generation for children as new social members, and be able to keep children's newness. Sunja and Arendt have the same equality and difference in that they referred to the necessity of education to overcome human evil. It is the same quality that goodness could recover the function of community and the practice of education is considered important in the goal of education and the dimension of directivity. It is different in methodical characteristic of education that Arendt, however, suggests praxis as the way that they express themselves in totalitarianism while Sunja thought that continuous practice piling up virtue for goodness is important.