• Journal of Society of Preventive Korean Medicine
• /
• v.21 no.2
• /
• pp.45-53
• /
• 2017

Background and Aim : Lately the age of competition has come among the medical service area. At the same time disputes over the medical practice related to the medical person's territory tend to increase. In part it is due to the increased medical persons but in part it is because the medical practice is not defined clearly in the Medical Service Act for the practice of each medical person. So the legal definition of medical practice will be discussed here. Materials and Method : The cases from the court have been confirmed the difference between the two medical persons regarding the actual events. Legal aspects of medical practice in Korean medicine and the related cases will be reviewed and analysed. Results : The form of medical practice consists of administrating Korean medicine treatment and providing guidance for health based on Korean medicine. For medical doctors the practice includes medical treatment and guidance for health. Circular definition in the Medical Service Act over the medical practice, medical person and medical instruments makes it difficult to understand the whole idea. Therefore, the court has a tendency to decide the medical practice of medical doctor of Korean medicine from the some reliable points which is: 1) it is based on the principle of traditional Korean Medicine, 2) it is practiced by the medical doctor of Korean Medicine, 3) it can do harm to the patient without proper involvement of the medical doctor of Korean Medicine. Now the Act on the promotion of Korean Medicine and Pharmaceuticals makes it include the concept of "scientifically applied and developed" medical practice of Korean Medicine. Conclusions : With the essential change in the Act on the promotion of Korean Medicine and Pharmaceuticals, it is expected that even slight change can be seen in the court cases. However, still the concept of medical practice in the Medical Service Act remains the same. Modernisation of Korean Medicine, enhancement of textbooks and clinical practice training and the effort to amend the law to clearly define the medical practice of Korean Medicine will contribute to the clinical and academic environment. Evidence based Korean Medicine and even the unification of east-west medicine could be considered for the situation.

• Journal of the Daesoon Academy of Sciences
• /
• v.40
• /
• pp.77-114
• /
• 2022

The purpose of this study is to analyze the ideological background, legal composition, and separation of powers contained within the institutional devices of The Dao Constitution based on the basic principles of the legal system, which would be embodied in The Constitution of the Republic of Korea. The ideological background of The Dao Constitution is that of the religion, Daesoon Jinrihoe. In Daesoon Jinrihoe, it is held that the Supreme God, Sangje, determined that Mutual Contention, the ruling pattern of the Former World, ran contrary to His divine will and this endangered the world as nature and humans had also fallen into Mutual Contention. As an act of divine intervention, Sangje established Mutual Beneficence so that nature and humanity could follow Mutual Beneficence as a paradigm shift culminating in a Great Opening of the universe. Sangje, the agent behind the paradigm shift, revealed His divine will that humans transform into mutually beneficent humans. Therefore, The Dao Constitution was written to be a set of fundamental norms based on the 'rights and obligations of the members of Daesoon Jinrihoe' to accept and implement the will of Sangje as it applies to each member's mission. The legal composition of The Dao Constitution consists of the body and supplementary provisions. The text consists of general rules, moral rights and obligations, origins, and institutional devices. Institutional devices include the Central Council, the Institute of Propagation and Edition, the Institute of Religious Services, Works, Financial Management, and the Institute of Audit and Inspection. The legal composition of The Dao Constitution is similar to that of the Constitution. The difference is that while the Constitution applies a 'principle of maximum rights and minimum obligations,' The Dao Constitution stipulates more obligations than rights in order to complete the mission of the members. The principle of separation of powers is applied to the institutional devices in The Dao Constitution. In The Dao Constitution, the organizational form of the central headquarters has been divided into a 'before and after' scheme surrounding the death of Dojeon. The organizational form of the central headquarters prior to Dojeon's death was similar to a Constitutional Monarchy. After the death of Dojeon, the central headquarters' organizational form became similar to a parliamentary cabinet system. The separation of powers at central headquarters is divided among a legislative power (the Central Council), an executive power (the Institute of Religious Services), and a judicial power (the Institute of Audit and Inspection). The separation of powers within the functions of the central government first occurs between the Central Council and its employees, then between the Central Council and the Institute of Auditing and Inspection, and also between the Legislative Government and the Institute of Religious Services. Furthermore, the principle of a vertical separation of powers exists between the central headquarters and the local organization.

• The Korean Journal of Air & Space Law and Policy
• /
• v.6
• /
• pp.191-215
• /
• 1994

The concept of 'wilful misconduct" was initally used in article 25 of the Warsaw Convention of 1929. The concept was defined in the Hague Protocol, 1955, as having the following two differing concepts: i) "with the intent to cause damage" and ii) "recklessly and with the knowledge that damage would probably result." The concepts contained in the Hague Protocol were used in various international Conventions on carriage by sea, such as Article 2(e) and Article 3(4) of the Protocol adopted at Brussels on Feb. 23, 1968 to amend the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, signed at Brussels, Aug. 25, 1929(Hague-Visby Rules), Article 13 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, Dec. 13. 1974, Article 4 of the Convention on Limitation of Liability for Maritime Claims, 1976, Article 8(1) of the U.N. Convention on the Carriage of Goods by Sea, 1978(Hamburg Rules) and Article 21 (1) of the U.N. Convention on International Multimodal Transport of Goods, Geneva, 1980. The same concepts were also adopted in Article 746, 789-2(1), 789-3(2) of the Korean Maritime Commercial Law, revised in 1991. As of yet, the legal system of Korean Private Law recognizes only the concepts of "Vorsatz" and "grobe Nachlassigkeit", as is the case with German Private Law. The problem is that the concepts in the Convention do not coincide precisely with the concepts of "Vorsatz" and "grobe Nachlassigkeit". The author has conducted a comparative analysis of the treatment of the concepts of wilful misconduct and its varied interpretations, that is, "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result" in the Anglo-American law and in the continental European law in the following manner: 1. Background in which the concept of wilful misconduct was introduced in the Warsaw Convention. 2. The concept of "dol" in French private law. 3. The concepts of "Vorsatz" and "grobe Nachlassigkeit" in Korean private law. 4. Analysis of the concept of wilful misconduct in Anglo-American case law. 5. Analysis of the cases interpreting the concepts of "with intent to cause damage" and "recklessly and with knowledge that damage would probably result" in various jurisdictions. 6. The need to incorporate the concepts of "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result." 7. Faute inexcusable in French private law. Based upon the comparative analysis, the author points out the difference between the concepts of "wilful misconduct" or "with the intent to cause damage" and "Vorsatz", and between the concepts of "recklessly and with the knowledge that damage would probably result" and "grobe Nachlassigkeit" in the Convention and that of the Korean Private Law system. Additionally, the author emphasizes the importance of the unification in the interpretation of the provisions of the Conventions world wide.

• Journal of Science and Technology Studies
• /
• v.3 no.2 s.6
• /
• pp.29-60
• /
• 2003

Inter-Korean Cooperation in Science and Technology will contribute to building the trust between S.K and N.K as a leading factor and cut down the cost of unification by diminishing the technology lag and the gap of economic level. This study has shown that we can increase the productivity of unified Korea Innovation system if we systematically analyse the present condition of the Inter-Korean Cooperation and promote Inter-Korean Cooperation. In this study, the author analyses the present condition of the Inter-Korean Cooperation with integrated framework of three aspects to clear up the policy of Inter-Korean Cooperation. First, in the national aspect, we make use of the notion of international cooperation and multilateral mechanism of an international organization. Thereafter, we make out the alternatives in the aspects of international relationship and legal and institutional view Second, in the unification aspect, we consider the Inter-Korean Cooperation by the notion of national innovation system. Thereafter, we make out the alternative in the aspect of a phase-dependent approach. Finally, in technology aspect, we consider the Inter-Korean Cooperation by the notion of technology gap, the framework of technology transfer, and technology dependency theory. As a conclusion, through this study, the author have tried to integrate the various theoretical backgrounds. As a result, the author could analyse the present condition of ter-Korean Cooperation in Science and Technology and team a good lesson from it; Therefore, we can use it as a means of evaluation on a cooperation program and prediction for the future status of cooperation.

• Journal of International Area Studies (JIAS)
• /
• v.12 no.4
• /
• pp.67-88
• /
• 2009

In April, 1995, ANC government was established in South Africa. The Black government set up Truth and Reconciliation Committee in November, 1995. The Committee investigated approximately 50,000 cases for 3years. Through this process, Black and White in SA could be united into one. Finally, the system of racial discrimination, lasting for about 300 years, was abolished. The Committee played a role as a social infra-structure, which was to perform and solidify democracy in SA. Reconciliation, agreement, Participation, equality, Communication, and Reformation of law system were practically implemented by the Committee. Many people evaluate TRC's activity, which had the reformative and democratic character of the object of investigation, investigative criterion, investigative process, and the approval of investigative result. But De Klerk evaluates that TRC retaliated the White with legal. J. Cronin evaluates that TRC transiently change democracy of the South Africa, and many other social movement groups had a negative view about TRC. But the Black and White in South Africa transformed 'discriminated society' into 'united one'. The Committee took the initiative in such a change. The Committee was not an organization needed for the policy, but the committee was the policy itself to change the former society to the new one. Now The ANC government was forwarding TRC's roles and functions to the truth and reconciliation bureau of the Justice Department for further action. The ANC government has to execute some policy for social reconciliation. Firstly, the government needs to build construction social and national system for making close investigation into the White's historical guilt. Secondly, it must be executed to TRC's recommendation pursuit social reform of social infra-structure in the South Africa. Thirdly, The government should execute policy for the Black's right as labors and social member. Lastly, the government must investigate still-remaining historic state violence and infringement of human right for social reconciliation.

• Journal of Society of Preventive Korean Medicine
• /
• v.9 no.2
• /
• pp.77-91
• /
• 2005

The purpose of this study is to examine the recognition of the student of oriental medical school on cooperative system between Oriental and Western medicine and to provide basic information for the development of oriental medicine. In order to look at the level of recognition on cooperative system between Oriental and Western medicine, from September 1st to 15th of 2005, this study had been conducted through personal interview and questionnaires to 600 students who were attending the Department of Oriental Medicine (in both prep and regular courses) in D University, located in the City of Daegu. The data has been analyzed using statistic program, the SPSS WIN 12.0. Statistical analysis tools used for this study were frequency analysis, cross-over analysis and the t-test. The results are as follows; The students of oriental medical school had relatively high level of recognition on the basic concept, interests, necessity and potential for cooperative system between Oriental and Western medicine. However, they had negative understandings on the issue of unification of the two medical systems and it's possibility in the future. The students were optimistic about possible merits of cooperative system between Oriental and Western medicine, especially in the field of rehabilitation. On the reasons for lack of development of cooperative system between Oriental and Western medicine, the students listed prejudices existing on both sides firstly, followed by their contrasting approach on human illness, lack of legal and institutional support system, the indifferences of doctors and indifferences of oriental medical doctors. In addition, students understood that the dualism existing in our current medical system is aggravating mutual distrust between the two sides, causing the confusion of patients on the choice of medical facilities, and raising their medical bills. Therefore, in order to vitalize collaboration between Oriental and Western medicine in new health care environment, the following measures should be needed decreasing the prejudices between the two medical spheres with open mind improving educational programs in Western and Oriental medical schools; promoting joint academic research or exchange programs between the schools, and increasing government effort to minimize legal and institutional restrictions cooperative system between Oriental and Western medicine.

• Journal of Cadastre & Land InformatiX
• /
• v.54 no.1
• /
• pp.75-87
• /
• 2024

There There is a difference in terms of administrative power in that the address of things are not an address under Public Act. In terms of location expression, it is possible to express the location more flexibly and in more detail than the road name address, so it should be improved so that it can be assigned and managed in an appropriate location, so that the location of the entire territory can be expressed together with the road name address. As a result of the comparison between the road name address and the address of things based on the analysis results of related laws such as the existing Road Name Address Act, the Building Act, and the Regulations on the Preparation and Management of Basic Address Information, it was confirmed that there are fundamental limitations of the address of things system. Accordingly, this study attempted to suggest ways to improve the address of thing system by broadly dividing it into the legal aspect and the addressable object aspect. From the legal point of view, firstly, it is necessary to improve the upper and lower level laws by unification together with a clear definition of the term subject of addressable object; secondly, according to the Building Act, facilities that are not used for residence among buildings must be given an address of thing; and thirdly, it is necessary to make it easy to use and link with heterogeneous public data by classifying the registration items of the basic address information map by type of geographical feature to be assigned an address. From the point of view of addressability, firstly, it must be given to all facilities in the relevant category so that it can be recognised that all specific facilities have object addresses, and secondly, it is necessary to be able to address the address of things to places that are used by many, even if there are no facilities.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.38
• /
• pp.3-45
• /
• 2008

A motive and aim of enactment of UN Convention on the Use of Electronic Communication in Int'l Contracts is based on need to eliminate legal obstacles that might arise under existing int'l trade law instruments and promote int'l electronic commercial transaction. But when it is used with related articles, 14, 15, 16, 17 for offer under CISG, one of the most successful conventions which produces substantive law for the unification of int'l trade, questions of practical importance, for example possibilities of withdrawal, revocation, rejection of offer, the extent of its criteria arise from therewith. In conclusion, a effective electronic offer has to assure easily access and confirmation of trade terms besides criteria of offer under CISG. An offer can be withdrawal, if electronic message of withdrawal has entered the offeree's server before or at the same time when the offer has reached the offeree but agreement expressly or impliedly, between the parties about type, format, email address is a prerequisited. Implied consent could be presumed through prior conduct or trade usages between the parties under CISG articles 8, 9. The term "have reached" correspond to the time which is able to retrieve the electronic message of withdrawal. But without express or implied agreement between them about electronic communication of type, format, email address, an offer can be withdrawal before or at the same time when it has entered offeree's other e-mail address and confirmed by his retrieval. In case of the revocation, electronic message of the revocation is effective before the offeree's dispatching an acceptance. A prerequisite for the revocation by electronic communication is came as the above mentioned withdrawal except for concept of a time difference for reach. In case of a rejection of offer, when a rejection by electronic communication has entered the offeror's server, an offer is ended. But a prerequisite for the rejection by electronic message is same as the above mentioned withdrawal and revocation.

• The Journal of the Korea Contents Association
• /
• v.15 no.9
• /
• pp.106-117
• /
• 2015

Audit system of local self-government has a problem in many sectors, for the development of local autonomy, improvement of these issues is essential. The purpose of this study was to improve the present problems by looking at the problems of local governments audit system. The problem with local governments audit system are as follows. First, the non-efficiency and redundancy of internal and external audit exist. Second, in terms of audit organization and mechanism of local government, independence is deficient. Third, the expertise is lacking in terms of audit personnel. Fourth, it is insufficient effectiveness ensure regarding the processing of the Audit Office at the time and results. Improvement plan of the problems of local governments audit system are as follows. First, the unification of the country and local governments of the audit and there is a need to establish a legal system on the local audit. Second, the establishment of independent internal audit mechanism for ensuring the independence of the internal audit mechanism. Third, introducing a variety of personnel system related to the human resources of audit personnel and there is a need and strengthening of education and training to the audit personnel. Fourth, the public of the audit, community participation, and etc results in the effectiveness and democratic ensuring of audit.

• Journal of Integrative Natural Science
• /
• v.16 no.4
• /
• pp.133-138
• /
• 2023

After the SI system of units was adopted as an international system of units, Korea made a lot of efforts such as administrative and educational guidance on the traditional units that had been used so far. In addition, from July 1, 2007, the government has cracked down on the denotation of non-statutory units of measurement as standard units or auxiliary units in commercial transactions. However, non-statutory weighing units are still used in other forms. It is believed that this is because non-statutory units (= our traditional units) are permeated in our lives and are convenient to use. The general public still finds it difficult to use and mark the SI system of units correctly. This is not a problem unique to Korea. However, if you look at the books that are currently used as university physics textbooks, the SI system of units and the non-legal units of other countries are marked in such a way that they can be accurately converted. Only the traditional units of our country are disappearing under the pretext of unit unification. Accordingly, we propose that our units should not be neglected in university education, but should be labeled together. The purpose of this study is to raise the necessity of reorganizing the unit conversion between the SI unit system and the traditional life improvement unit, which continues to be the convenience of life, and applying it in university physics education to enable the conversion with our traditional unit, and to educate the importance of the meaning and function of our traditional unit.