• Title/Summary/Keyword: Legal issue

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Evaluation of conservation of endangered species through somatic cell nuclear technology (체세포복제를 통한 멸종위기동물의 종 보전 평가)

  • Hyun, Sang Hwan;Jeong, Yeon Woo;Hwang, Kyu Chan;Lee, Guk Jin;Yang, Il Suk
    • Korean Journal of Veterinary Research
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    • v.55 no.3
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    • pp.155-161
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    • 2015
  • The number of wild animal species is gradually decreasing due to poaching, hunting and habitat loss. While several endangered animal species have been successfully preserved at the zoo, assisted reproductive technology (ART) must be applied to restore wild animals. In the case of critically endangered animals, somatic cell cloning is considered the most appropriate method of ART. Somatic cell cloning can be beneficial for the reproduction of endangered species with limited female populations. However, gene and cell banks, and understanding of reproductive physiology and optimization of ART for wild animals are urgently required for further activation of artificial reproduction of endangered species, which enlarges its application and maintains biodiversity. Care should also be taken to consider ethical and legal issues associated with somatic cell cloning for conservation of endangered animals.

The change of perspective on brain death, euthanasia and withdrawal of the life supporting medical treatments in Korea for pediatric patients (국내외 뇌사, 존엄사와 안락사에 대한 인식의 변화와 윤리 - 소아를 중심으로)

  • Kwon, Ivo
    • Clinical and Experimental Pediatrics
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    • v.52 no.8
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    • pp.843-850
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    • 2009
  • A recent High Court's decision regarding the withdrawal of life supporting medical treatment (artificial ventilator) from an elderly female patient in the terminal stage has opened up a new era of the "euthanasia dispute" in Korea. With this decision, the legitimate withdrawal of life supporting treatment became possible under certain conditions and the Korean Medical Association is working toward the establishment of practical guidelines for the terminal-stage patients. However, there are still very few debates on the cases of pediatric patients in the terminal stage or suffering from fatal diseases. For pediatric patients, the core principle of autonomy and following procedure of "advance directives" are hardly kept due to the immaturity of the patients themselves. Decisions for their lives usually are in the hands of the parents, which may often bring out tragic disputes around "child abuse", especially in Korea where parents have exclusive control of the destiny of their children. Some developed countries such as the U.S.A., the U.K. and Canada have already established guidelines or a legal framework for ensuring the rights of the healthcare system regarding children suffering from severe illness, permitting the withdrawal of Life supporting medical treatment (LSMT) in very specific conditions when the quality of life of the children is severely threatened. For the protection of the welfare and interest of the children, we should discuss this issue and develop guidelines for the daily practice of pediatricians.

A Study on Unseaworthiness and Exclusive Right of Insurer on It (감항 능력 부족과 보험자의 면책 특권에 관한 해석론적 고찰)

  • Park, Yong-Sub
    • Journal of Fisheries and Marine Sciences Education
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    • v.6 no.1
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    • pp.45-57
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    • 1994
  • One of the fundamental duty of the assured in a marine insurance contract is maintaining seaworthiness of the ship insured. Since duty of the seaworthiness of ship is a shipowners implied warranty in the marine insurance, the breach of the duty of seaworthiness by assured is recognized as immunity for the underwriter. This is a measure to protect the underwriter through prevention of unexpected casualties which may be occurred from the unseaworthiness. In the Korean Marine Insurance Act the legal character of the assured's duty of seaworthiness is not clear whether it is a legal duty or contracted one. Accordingly, in this paper the author pointed out that the duty of seaworthiness of the ship should be interpreted according to the English Law. As a conclusion, the hull insurance does not require even implied warranty concerning seaworthiness, since it is recognized as one of implied fundamental warranty of the English Marine Insurance Act. Especially, this issue pointed out is very meaningful and advisable under the consideration of the existing conditions of the marine insurance regime for the distant-water fishing vessels and the catch carriers in Korea.

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The Commercialization of Academic Research in the Context of Shifting Intellectual Property Regimes in the Twentieth Century (20세기 대학연구의 상업화와 지적재산권 제도의 변화)

  • Yi, Doogab
    • Korean Journal of Environmental Biology
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    • v.32 no.4
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    • pp.403-412
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    • 2014
  • This article chronicles key shifts in intellectual property regimes in the twentieth century as they related to the commercialization of academic research. The institutionalization and growth of scientific research in the research university in the twentieth century and the increasing awareness of its potential to promote technology innovation and economic growth posited an important question of the ownership of knowledge created in the academic setting, where knowledge was traditionally regarded as a common property among academic researchers. This paper shows the ownership of academic knowledge emerged as a key public policy and legal issue in the latter half of the twentieth century for academic researchers and government officials who pursue the commercialization of academic knowledge for private gain and public benefit. The resulting institutionalization of patent management in the research university and shifts in federal patent policy in turn opened a new legal avenue for the establishment of the private ownership of academic knowledge and the expansion of intellectual property rights in academia, especially in the area of biological and biomedical research. Reflecting upon historical shifts in intellectual property regimes in the twentieth century, this paper suggests recent controversies regarding ownership of biological knowledge and profit sharing in developing counties are linked to critical issues pertinent to the welfare of indigenous population, utilization of new natural resources, and sustainable development for humanity.

Is the Single-Insurer a Powerful Purchaser?: In Case of Indonesia (단일보험자는 강력한 구매자인가: 인도네시아 사례를 중심으로)

  • Kim, Yanghee;Byeon, Jinok
    • Health Policy and Management
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    • v.30 no.2
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    • pp.151-163
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    • 2020
  • This study reviewed primary care purchasing issues of the Indonesian single-insurer, BPJS-K, in the context of triangular power relations between the government, the insurer, and the providers, and considered its challenges of purchasing as the national single-insurer. Some literature reviews and interviews with Indonesian stakeholders and residents were used to describe the historical and social contexts of Indonesian healthcare and social health insurance systems especially focusing legal and institutional status of BPJS-K and primary care provision and delivery conditions in remote areas. Though BPJS-K directly belongs to the presidential office of Indonesia, it has limited power in terms of purchasing as a single insurer. Mainly it was due to the lack of primary care resources, Ministry of Health's strong power as the regulator and provider, and BPJS-K's powerlessness against monitoring and quality of care assessment. Ambiguous accountability was another issue among the insurer and the Ministry of Health. This created confusions in primary care provision. It is suggested that each agencies' accountability should be obvious in terms of legal, political, and social contexts.

Improvement of Waste Drug Management System by Comparing Domestic and Overseas Programs (국내외 제도 비교를 통한 폐의약품 관리 개선 방안)

  • Kim, Ho-Jung;Choi, Ye-Ji;Lee, Iyn-Hyang
    • Korean Journal of Clinical Pharmacy
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    • v.29 no.4
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    • pp.286-294
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    • 2019
  • Background: At the end of the'Waste Drug Disposal Project', collection and disposal of waste drugs remain a social issue. Objective: This study aimed to provide suggestions to improve the drug waste management system in Korea by comparing domestic and overseas relevant programs. Methods: This is a comparative study between South Korea, Australia, Canada, France, and the US. These overseas countries were selected because they have been operating waste drug management programs continuously to date. Comparison was conducted by a pre-determined analysis frame including legal regulation, enforcement program and its performance. Results: All selected countries except Australia had legal regulations on drug wastes. The US had the largest variety of drug waste disposal methods. Canada had recommended that pharmacies actively participate in drug waste withdrawal programs. France had the largest variety of methods to promote relevant programs, including window sticker, SNS, and app, as well as the highest level of awareness and participation. Australia had the lowest level of awareness and participation in pharmaceutical waste management programs. Pharmaceutical companies took responsibility of paying for these programs in the selected overseas countries. Conclusion: Further efforts should be made to establish a clear guideline including the role of pharmaceutical companies, and to develop various methods for the public to be aware of appropriate ways of disposing drug wastes in Korea.

Mobile Auto questions and scoring system (국가 사이버안보 시스템 관련 법률안 분석과 연구)

  • Nam, Won-Hee;Park, Dea-Woo
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2014.10a
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    • pp.363-365
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    • 2014
  • Internet baking, e-commerce, business processing, etc on smartphone handing could be possible in present days. Ambiguity between cyber and real life has made vulnerability on infrastructure, Gov't Service and National security by cyber terrorism. Especially, Lots of Infrastructure and Gov't Service based on Information Technology were exposed by Cyber terror. Legal system should be improved to keep from these threats. This paper proposed needs of cyber legal system by analyzing proposed cyber related code on Korean National Assembly, issue on Cyber Control Tower, National Cyber Security Industry and Human resource.

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A Critical Review on the Legislative Notice of the Enforcement Decree of the Serious Accident Punishment Act: Focusing on Serious Industrial Accidents (중대재해처벌법 시행령 입법예고안에 대한 비판적 고찰 - 중대산업재해를 중심으로 -)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.31 no.4
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    • pp.417-426
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    • 2021
  • Objectives: The purpose of the Act is to comprehensively consider the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act for each important issue in terms of system, content, and execution. Methods: We examine the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act in-depth from the perspective of the effectiveness of disaster prevention, consistency of the legal system, and harmony with legal principles. Results: The proposed Enforcement Decree of the Act on the Punishment of Serious Accidents hardly resolves the uncertainties of the law, and there are many aspects that are unclear in the enforcement ordinance itself and that do not comply with constitutional principles. As a result, it is judged that it is difficult to for it to serve as an accident prevention standard due to its low predictability and that it will be difficult to achieve effectiveness in accident prevention. Conclusions: Ultimately, the law itself should be extensively reorganized in order to ensure universal and sufficient effectiveness, including the abolition of the Serious Accidents Punishment Act. In the short term, even the Enforcement Decree of the Act should be reorganized and supplemented in accordance with the law and safety principles.

Public Policy Exception under Russian Law as a Ground for Refusing Recognition and Enforcement of Foreign Arbitral Awards

  • Andreevskikh, Liliia;Park, Eun-ok
    • Journal of Arbitration Studies
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    • v.32 no.3
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    • pp.47-70
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    • 2022
  • This paper studies legal regulation of the public policy exception in the Russian Federation and domestic judicial practice on the issue. It reviews current legislation and analyzes a number of recent court cases where an arbitral award rendered by a foreign arbitration body was refused recognition and enforcement based on public policy violation. By doing so, it contributes to the knowledge on the concept of public policy in the Russian legal system and how public policy can affect the process of recognition and enforcement of foreign arbitral awards on its territory. The review of court cases demonstrates different aspects of how the public policy exception can be applied by Russian arbitrazh courts. Such decisions can provide a clearer picture of the kinds of situation that can lead to invoking the public policy clause by the court. Also, it is of practical value as persons preparing to file a claim or to be a defendant in a Russian court can be required to present existing court decisions in support of their claim or defence.

Ethical Issues in Business Marketing Researches

  • HWANG, Hee-Joong
    • Journal of Research and Publication Ethics
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    • v.3 no.2
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    • pp.1-5
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    • 2022
  • Purpose: Various ethical issues arise in different stages of management and business marketing research. The current study aims to take look at practices that ensure informed consent, privacy and confidentiality, deception, and legal aspect in data management in procedures involved in marketing research. Research design, data and methodology: Literature content analysis was conducted for this research and the current author has investigated journal articles mostly to guarantee a high degree of content validity and to keep the advantages of qualitative content approach. The current study explores manifest topics regarding the ethical issues of business marketing research. Results: The current study found that ethical consideration needs to be similarly significant and learning from the previous researchers' approach to handling this issue is helpful for future research and is essential to have additional guidelines. Also, four findings (Lack of Informed Consent, Deception, Invasion of Privacy and Confidentiality, and Legal Data Management) indicate that marketing researchers need to consider before undertaking any project. Conclusions: Overall, the study presents practical suggestions though unexhausted. By raising these ethical marketing issues, consumer behavior disciplines will continue to expand and contribute positively towards attaining thoughts, feelings, and decisions that positively contribute to marketing research as the foundation for effective marking practices.