• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.379-402
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• 2010

The Korea Foreign Trade Act(KFTA) was revised the penal provisions of the breach of the Country of Origin Labeling(COOL) recently. The ceiling of penalties became to 5 years for imprisonment, one hundred or three hundred million won for fine. The level of penalties are adjudged quite fair but the amount of penalty should be increased according to the profits from the breach or the nature of crime in some cases. The problems of the penalties are differences between KFTA and other related laws. There are related several laws on the breach of the COOL such as KFTA, Unfair Trade related Law, Customs Law, Consumer Protection Law, Law of COOL on Agricultural and Marine products etc. The penal provisions of the breach of the COOL has more heavier level than other the breach because of the criminal qualities. The problems are the penalty differences between the KFTA and the Unfair Trade Law under the Ministry of Knowledge Economy. The KFTA's penal provisions need to equate with Unfair Trade Law as long as same breaches on the COOL. The government can also consider some policies to rigid enforcement of breaches on the COOL. There are the Country of Origin Tracking system, the RoO Paparazzi System, Make public the names of habitual RoO Violators, Correction Order of breach of the COOL etc.

• Journal of Korea Game Society
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• v.7 no.2
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• pp.61-72
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• 2007

Prohibition Clauses of Business of Money Changing(${\S}32(1)7$) on the Game Industry Promotion Act of 2007 was introduced for the purpose of preventing game from becoming gambling. By making the independent requisite of constituting a crime that there was no criminal punishment former times, it is possible actively to deal with mixing of game and gambling. Prohibition Clauses of Business of Money Changing prevent the material or formless results that are obtained on the use of game from making a business of money change, intermediation of money change, or re-purchase of it. The material or formless results mean points, prizes, game moneys, or game data that is obtained on the abnormal use of a game. Most real money trade of a game item will be pull into the application of Prohibition Clauses of Business of Money Changing on the interpretation of it. Therefore this clauses have a tremendous effect upon the business of sweated workshops and intermediation web sites of game items. None the less Prohibition Clauses of Business of Money Changing will have positive influence to the future of game industry through the separation of game and gambling.

• Korean Security Journal
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• no.26
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• pp.59-87
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• 2011

Security Business Act of Korea is leaning toward the aspect of regulation, while it provides few provisions about vesting the authority, which causes problems such as legal loopholes to be raised in regard to the rules about authorizing the private security personnel to perform security affairs properly and defining the limit of power. So, it should be done to interpret the law in order to draw the legal basis of empowering as well as to set limits of the authority of security main agent, and Article 7, Section 1, of Security Business Act is the very provision that involves the legal basis. In the scope of 'Management Power', the statutory authority in the first clause of Article 7 of Security Business Act, the security personnel can use force for self-defense, defense of others and property, and prevention of crimes. In addition, the powers of interrogation, access control, and eviction notice are involved in its scope. The private security personnel as the occupation assistant can take precautions and if the infringement on the benefit and protection of the law is imminent or done, he or she can use force within the limits of the passive resistance and the means of defiance on the basis of 'Management Power'. The private security personnel, however, can exercise the force only if the necessary conditions of legal defense, emergency evacuation, and legitimate act of criminal law are fulfilled.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.3-33
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• 2022

In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

• International Journal of Advanced Culture Technology
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• v.8 no.2
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• pp.96-100
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• 2020

In this paper, I try to help the business operation so that they could continue the desirable operation despite the unfavorable conditions. It is important to reinforce for corporate growth various support measures to generate profits. However, if they are involved in criminal activities such as slush fund creation, they will have to deal with them separately. As a result, To raise awareness helps to keep the company running. Recently, the companies are in a poor condition due to overseas migration. If a company does not create profits by doing business, it is a burden to continue operating and it will eventually be hard to support and destroy. The corporate crime and white-collar crime are mostly similar types, mainly because they occur in the industry. The corporate crime proceeds throughout the company and ultimately translates into corporate profits. The white-collar crime, on the other hand, is a profitable part of the individual. In the process of generating profits, the purpose and management method of slush funds is an important issue in judging whether illegal immorality of business is intended or not. In addition, in the case of the corporate crime, it seems necessary to identify the types of slush fund raising activities in addition to the investigations of the accomplices and clinical investigations, and to apply efficient investigation methods on a case-by-case basis. At present, many companies frequently migrate overseas due to the influence of domestic regulations. In this process, if it is involved in crime such as a borrowing accounts or the purpose of slush fund creation should be treated separately.

• Cross-Cultural Studies
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• v.26
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• pp.445-463
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• 2012

Beltenebros is Antonio Mu?oz Molina's third novel. Its plot originates in a criminal act. Darman, the main character, arrives in Madrid to kill a traitor of the undercover organization to which he himself belongs. Treason is paid with death and Darman is in charge of the executions. The intricate story of espionage and intrigue is absorbing. Unlike other novels of the genre, in Beltenebros we can witness a unique psychological development of the main character. In his fiftieth anniversary, Darman becomes conscious of the painful and devastating effects of his criminal acts on the lives of the people he has crossed paths with. Then, for the first time, he acts like a Romanesque heroe by killing Valdivia-Ugarte, a deceitful mole who has been manipulating the strings of the plot to his own benefit. The story unfolds along an almost uniform progression of chronological time, only interrupted by random memories of a past that twenty years ago destroyed Walter's life, and in which Darman and the rest of the characters are all implicated. Few references to the Spanish Civil War inserted in the discourse are, however, of paramount importance as the depiction of a historical trauma, as a triggering force for the episodes of the novel, or as justification to Darman'scrimes as well as those of the clandestine Comunist Party. Indeed they were the victims of the conflict and the winners inflicted upon them hatred, repression, treason and disloyalty. As in other Mu?oz Molina's novels, the literary space, in this case Madrid, propels the development of the plot, and plays a protagonist role only equal to that of the main characters. It is in Madrid where Darman lives until he becomes prisoner of the enemy army, or where the symmetrical deaths of Walter and Andrade take place. Other spaces inhabit Madrid: the Universal Cinema, symbolic territory of the secret and hidden, where the story, as well as the relationships of the characters start and end the warehouse; or the Bo?te Tab? the nightclub that frequents Valdivia-Ugarte through secret passages connected with the Universal Cinema.

• The Journal of the Convergence on Culture Technology
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• v.5 no.1
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• pp.51-58
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• 2019

This study focused on violent act, such as verbal offensive and other acts of violence such as cyber bullying, personal information infringement. Online bullying is seriously taking place online, as juvenile violence is seriously debated due to recent school violence. In particular, it is necessary to seek countermeasures by considering the nature of cyber violence in cyberspace, particularly when stalking victims in cyberspace have died from stalking. The study examines the problem of defamation and defamation of character and tries to identify problems. Measures were taken to enact cyber defamation laws. To this end, the Commission analyzed cases of defamation and defamation of character and considered legal precedents. The study intends to study cyber defamation and defamation of character. First, I want to differentiate between cyber libel and defamation of character. Second, I intend to raise the need for cyber defamation of cybercrime and consider the offence of contempt for the criminal justice system. Third, seek ways to protect against cyber defamation and defamation of character.

• Journal of the Korean Academy of Child and Adolescent Psychiatry
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• v.34 no.4
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• pp.222-228
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• 2023

There are two categories of online crimes related to children and adolescents: those committed by adolescents and those committed against children and adolescents. While recent trends in criminal law show consensus on strengthening punishment in cases of crimes against children and adolescents, there are mixed stances in cases of juvenile delinquency. One perspective emphasizes strict punishment, whereas the other emphasizes dispositions aligned with human rights. While various forms of online crime share the commonality in that the main part of the criminal act occurs online, they can be categorized into three types: those seeking financial gain, those driven by sexual motives, and those engaged in bullying. Among these, crimes driven by sexual motives are the most serious. Second-hand trading fraud and conditional (sexual) meeting fraud fall under the category of seeking financial gain and occur frequently. Crimes driven by sexual motives include obscenity via telecommunication, filming with discrete cameras, child and adolescent sexual exploitation material, fake video distribution, and blackmail/coercion using intimate images/videos ("sextortion"). These crimes lead to various legal issues such as whether to view vulgar acronyms or body cams that teenagers frequently use as simple subcultures or crimes, what criteria should be applied to judge whether a recorded material induces sexual desire or shame, and at what stage sexual grooming becomes punishable. For example, sniping posts, KakaoTalk prisons, and chat room explosions are tricky issues, as they may or may not be punished depending on the case. Particular caution should be exercised against the indiscriminate application of a strict punishment-oriented approach to the juvenile justice system, which is being discussed in relation to online sexual offenses. In the punishment case of online crime, juvenile offenders with a high potential for future improvement and reform must be treated with special consideration.

• Fire Science and Engineering
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• v.19 no.2 s.58
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• pp.45-62
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• 2005

This thesis has defined the legal status of 119 rescue who plays a major role in the Korean prehospital emergency medical system and reviewed the various issues that may occur depending on work related legal liabilities. As a result, the purpose of this study was to represent the countermeasures for legal protection of 119 rescue required for the quality improvement of prehospital emergency medical system and as well as the countermeasures for risk management prepared for its related lawsuits. The legal liabilities of 119 rescue officers can be divided largely into public law liabilities and civil and criminal liabilities. In order to decrease the incidences of legal problems and provide the legal protection to rescue officers, the liability of supervising physician should be emphasized when the emergency medical practice is performed by a rescue officer under their supervision by consolidating medical control and the rescue officer should have legal liability on his emergency medical practice. itself Also, the emergency medical service guideline for 119 rescue officers should be prepared and their works should be performed according to such a guideline and procedures. In addition, the accurate legal documentation on emergency medical system from on-site to ER and related mobilization should be framed and preserved. Moreover, it is required to enact a new law such as the Good Samaritan Act or the Rescue Officers Protection Act.

• The Korean Society of Law and Medicine
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• v.8 no.2
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• pp.205-290
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• 2007

In Korea, abortion in the Criminal Law is an illegal act in exception of limited cases stated in the Mother and the Child Health Law. There are grounds on which abortion may be carried out - though the grounds are very limited and related such as emergency situation of woman's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations to reform the existing regulations and increase the effectiveness of the regulations. A national survey was carried out using telephone interview with Korean citizens from August 1th to August 31th in 2005. A total of 1,025 citizens (male: female = 49.2%:50.8%) were randomly sampled in proportion to the number of population of 17 regions. The major findings of this survey were as follows. First, 91.4% of the respondents approved of abortion based on the medical grounds. Second 83.3% of the respondents perceived that abortion may be carried out based on ethical grounds for example rape. Third, 74.3% were agreed to abortion based on genetic diseases. Forth, 64.7% were approved the abortion that unmarried woman may be carried out. In contrast 45.0% were approved the abortion that girls may be carried out, whereas 46.4% were perceived that the abortion may not be permitted. Fifth, 58.3% were disagreed the permission of abortion based on social and economic grounds. According to the survey Korean citizens seem to have positive perception on the abortion that may be carried out based on medical, ethical and genetic grounds. Whereas they worried about the abortion based on social and economic grounds. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds. In cases of when the mother has a impossibility to breed her child because of her social situations and financial conditions, we should accepted the legal acceptance of abortion due to social and economic grounds.