• Journal of Environmental Policy
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• v.3 no.2
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• pp.31-57
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• 2004

Attempts were made to compare and analyze the policies of the United States, the United Kingdom, the Netherlands, Germany and Denmark concerning Korea's major problems associated with legal liability of the contaminated sites. These countries were chosen from a feasible preliminary analysis of 18 countries of the EU and the U. S. The major problems were revealed based on the analysis of Korean legacy and legislation, which are summarized as follows i) lack of clear detailed technical and legal guidance to determine the responsible party or parties of contaminated sites, ii) no distinction between the strict and non strict legal liability of innocent land owners, iii) no clearly set limit on retroactive legal liability. Comparison of the policies of countries chosen suggested improvements regarding these major problems as follows: i) activating national and international research on soil contamination prevention policy, ii) arranging distinct legal regulation between strict and non strict liability criteria, iii) establishing the limits on innocent and non strict liability, iv) establishing methodology and process of legal liability distribution and compensation, and v) establishing a legal process to redeem any benefit derived from remediation of contaminated sites with the public budget. Our policy suggestions above are not yet conclusive due to a lack of policy implementation simulation. Additional research is needed on aspects of social, economic and long term effects of the proposed policy directions. Nevertheless, application of the policy suggestions of this research would increase the efficacy of Korean policy regarding the survey and remediation of the potentially contaminated sites.

• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.181-207
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• 2008

With recent emphasis on evidence based medicine, clinical practice guidelines are seen as a potential mechanism by which unify various managerial and professional approaches to improving the quality of care. The development process of guidelines has been the subject of much research. and it is need translating the medical evidence of research into a clinical practice guidelines. the gathered evidence needs to be interpreted into a clinical, public health, policy, or payment context. The term 'clinical practice guidelines' can evoke a diverse range of responses from healthcare personnel. Clinical practice guidelines are increasingly used in patient management but some clinicians are not familiar with their origin or appropriate applications. Understanding the limitations as well as benefits of CPG could enable clinicians to have clearer view of the place of guidelines in every practice. In the context of increasing complaints and litigation in healthcare, the legal implications of clinical practice guidelines are of increasing importance. Clinical practice guidelines could, in theory, influence the manner in which the courts establish negligence by suggesting the doctor breached the duty of care by failing to provide the required standard of medical care. In several studies, the CPGs were relevent to and played a pivotal role in the proof of negligence. Much depends on the quality of guidelines and the tools developed and the authoritativeness of a guideline. Recently, there are several opinions the court also should review the validity and reliability of expert testimony including medical evidence. and widespread use of guidelines in malpractice lawsuit could lead the physicians to greater compliance with guidelines in the long term. In conclusion, Health care reformers, physicians as well as guidelines developers should understand that guidelines have both medical and legal aspects as a double-edges sword. so clinicians, legal representatives and decision-makers should not defer unduly to guidelines.

• Journal of the Korean Institute of Navigation
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• v.21 no.4
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• pp.66-92
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• 1997

Even though marine casualities are recently occuring so frequently in territorial sea or beyond, that causing danger to navigation, yet no international regimes are officially made to cope with such an impediment efficiently. However, Internatinal Maritime Organization (IMO) commenced to work for adopting an appropriate internaitnal convention on wreck removal under co-operation with Comite' Maritime International (CMI). The legal committee of the CMI has already provided full comments on draft convention of the wreck romoval and duly submitted to IMO as a reference which was made on the basis of their principles of unification and harmonization. Accordingly, this paper re-arranged in order aiming to understand easily for legal aspects of the draft convention comprehensively in accordance with full contents provided by the CMI. To avoid any improper applicationor undue interpretation after fixing of the convention , every coastal state which has keen interests should trace its background of legal information from initial stage. Accordingly, the paper will contribute not only to realize how to draw a whole legal picture including specific articles on the convention fixable in the future but also to the national legislation with understanding full legal history of the convention.

• International Journal of Computer Science & Network Security
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• v.23 no.12
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• pp.175-180
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• 2023

The main purpose of the study is to identify the key aspects of the formation of legal and professional competence of students of higher educational institutions in the context of the COVID-19 pandemic. The modern system of public relations tightens the requirements for the professional and legal competence of specialists in all spheres of life. The development of a unified nationwide strategy in the field of education focused on the formation and development of young people's skills for life in the information society, is aimed at finding ways to form an active position of a future specialist, developing an experience of a holistic understanding of the professional activity, systemic action in solving new problems and tasks. The methodology includes a number of theoretical methods. Based on the results of the study, the main elements of the formation of legal and professional competence of students of higher educational institutions in the context of the COVID-19 pandemic.

• The Korean Journal of Air & Space Law and Policy
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• v.8
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• pp.297-332
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• 1996

It is well observed in the satellite telecommunication policy of several States that legal constraints imposed upon the service coverage of satellite telecommunication as well as broadcasting are to be relaxed in a progressive way. Major aspects of such policy change lie in the adoption of policy refusing traditional concept of national frontier. In the case of direct broadcasting satellite service, while a debate upon the legal issues regarding the spill-over effect of that service is no more major concern of the States, many multinational enterprises are looking for strategic alliance for regional or global DBS project. On the other hand, an implementation plan for connecting the world through global mobile personal communication satellite system is being pursued by several joint effort of multinational firms. Legal issues arise regarding the regulatory competence of each State, Especially, a controversial issue is concerning the sovereign right well recognized upon the regulation of telecommunication. This study is focusing upon the evolution of such policy change for the purpose of allowing us to expect future develpment of worldwide satellite telecommunication policy environment.

• Journal of the Korean Academy of Child and Adolescent Psychiatry
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• v.15 no.1
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• pp.3-13
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• 2004

A historical overview of the relationship between law and medicine, particularly psychiatry, was presented along with the religious, social and legal aspects of the societies in the Western hemisphere as they affected the concepts and philosophy of the legal system in each society at different point in history. The evolution of the modern concept of juvenile court system and changing patterns of implementing the juvenile law in the United States, particularly the mental health evaluation process to determine the youths' competence to stand trial, were presented in detail. The ultimate goals of protecting the civil rights of children, adolescents and youths are emphasized.

• The Korean Journal of Air & Space Law and Policy
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• v.13
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• pp.325-340
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• 2001

• The Korean Journal of Air & Space Law and Policy
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• v.14
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• pp.133-150
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• 2001

• Journal of Medicine and Life Science
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• v.16 no.3
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• pp.80-83
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• 2019

First of all, this study shows the legal issues of hospice and palliative care, and the legal basis for lifelong medical practice is generally derived from medical, civil and criminal law regulations, and is applied to patients who are severely ill and dying in principle. In addition, those what is particularly meaningful about hospice and palliative care in terms of legal aspects are discussed the determination of the purpose of care and the provision of medical adaptability and adult guardianship, in particular the legal criteria for the work and status of patient representatives. As such, the purpose of care is to form part of the contract of care and to be agreed between the patient and the physician. In addition, the patient may not write to his/her agent in advance, and the patient may admit discretionary powers to his/her agent, but the patient's will is to be considered. In conclusion, the medical institutional ethics committee should play an active role, especially in the case of no-agents/family or no intention of the patient.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.35 no.4
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• pp.103-114
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• 2019

From the "Recommendation on the Safeguarding of the Beauty and Character Landscapes and Sites"(1962) to the "ICOMOS-IFLA Document on Historic Urban Public Parks"(2017), 'the spatial safeguarding Concept of Cultural Heritage' in International Norms has manifested in various types. In this article, 24 types of International Norms that reflect 'the concept of Spatial Safeguarding in Cultural Heritage' and Korea legal system such as 'Historical and Cultural Environment' were analyzed in the following two aspects. The first aspect is 'Object Type to safeguard' and analyzed in four types such as 'Groups of buildings(A type)', 'Surrounding, Environment, Setting(B type)', 'Cultural landscape(C type)', 'Historic area and Historic towns(D type)'. The second aspect is 'Safeguarding value(analysis elements)' and analyzed in the following tree elements ; 'Landscape value' such as skyline, 'Intangible value' such as the functions of cultural customs, and 'Ecological value' that should preserve life itself. As a result of the study, 'the concept of Spatial Safeguarding in Cultural Heritage' including C and D type and three value which are trends of International Norms are reflected in Korea legal system, and concrete safeguarding methodology is also implemented systematically in case of ecological value. However, intangible values are not specific to the methodology in both International norms and Korea legal systems, and should be developed in the future.