• Ocean and Polar Research
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• v.44 no.2
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• pp.147-160
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• 2022

SRFC (Sub-Regional Fisheries Commission) requested to the ITLOS (International Tribunal for the Law of the Sea) an advisory opinion relating to the IUU (Illegl, Unreported, and Unregulated) fishing (Case No-21 of the ITLOS). Since, in the UNCLOS, there is no article authorizing the jurisdiction of the ITLOS full court's Advisory opinion, so various scholarly opinion wad divided. But ITLOS delivered its Advisory opinion confirming its jurisdictional competence over the Advisory proceedings with its legal opinion about the IUU issues. It opens new possibility of the alternative dispute settlement mechanism of the ITLOS through the advisory procedures. In reality, there has been a view that ICJ (International Court of Justice) could take the part of a kind of dispute settlement through its Advisory procedures. But the advisory procedures of the ITLOS, with no definite clause in UNCLOS about the advisory procedures, which provides more allowances for the function of advisory opinion as the alternative dispute settlement mechanism. ITLOS accepted the requests of the advisory opinion by the State parties through international organization or themselves directly. And the advisory opinion of the ITLOS aims the interpretation and application into the special issues-specially IUU fishing in Case No. 21 of the ITLOS-. Those factors could enable more enhanced role of the ITLOS as an alternative dispute settlement mechanism. But those possibility has contain risk of excessive and unlimited advisory role of the ITLOS. So it is important to focus on the restriction on the role of the State parties in the request of the advisory opinion to the ITLOS. In this regard it is meaningful that the ITLOS has suggested a kind of legal standing in the advisory procedures in that only coastal States could request the Advisory opinion about the IUU in their EEZ. Furthermore the discretionary power of the ITLOS in the Article 138 of the Rules of the Tribunal could curtail the abuse of the Advisory opinion initiated by the States parties of the UNCLOS. Under this framework, Advisory opinion could broaden more alternative option to the disputes between State parties of the UNCLOS in that after being delivered detailed interpretation of the UNCLOS about the specific issues, States parties could devote themselves to searching for flexible solution for the disputes between State parties. It could obtain legal explanation about the dispute under the Article 297 and Article 298 by detouring the jurisdiction limits through advisory procedures.

• Journal of Korean Biological Nursing Science
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• v.7 no.1
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• pp.15-28
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• 2005

Purpose: With post-Genome Project, nurses must be able to incorporate genetic knowledge into their practice. The purpose of the present study aimed at providing the basic information needed to establish an education program for the training of nurses specialized in genetic counseling by comparing and analyzing the education contents in genetics of the various domestic and foreign nursing education institutions, identifying the problems of the existing programs, and investigating the current state of domestic genetic counseling programs. Result: The results of literature review were summarized as follows: Common curricula contents in Korea, Japan and U.S.A. were basic genetic knowledge, genetic counseling and prenatal diagnosis. However, In Korea the curriculum was not included legal, ethical, and social issues. In U.S.A. the course was focused on health promotion related to genetics. The expanded role of nurses is to provide the genetic counseling for clients and their families. So, this articles provided a sample of the new genetic counseling program for nurses which are included basic genetics, genetic counseling, nurse's role and knowledge, legal, ethical, social issues and practicum. Conclusion: this study suggests that this educational program is to brought up genetic specialized nurses in the master's course in the near future.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.163-187
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• 2011

On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.237-259
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• 2010

This paper first gives a brief overview of the history of space law making in the international geopolitical context and recalls some of the main principles as elaborated in the framework of the United Nations. Next, several topics are discussed that will require the attention of space lawyers in the near future. They are the International Space Station, space debris, exploitation of space resources, space tourism, private property rights in space, and militarization and weaponization of space. The paper raises some questions in each of these areas that need to be addressed and concludes that the general legal framework for space activities under public international law as contained in the UN treaties is in place, and is sufficiently general and flexible to enable and encourage states to carry out space activities in an orderly manner. However, as demonstrated by the examples discussed in the paper, the time has come for the international community to agree on the further development of these general principles, starting perhaps with space debris, imminent 'new' uses of space such as space tourism, or some of the 'age old' issues such as the weaponisation of outer space that will continue to require our attention and vigilance. Whether such rules can be in the form of non binding guidelines, codes of conduct and the like, or should be embodied in solid legal instruments creating rights and obligations remains to be seen.

• International Commerce and Information Review
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• v.8 no.1
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• pp.243-257
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• 2006

This study is to introduce the Chinese Contract Law against non-performance of the contract and to solve the wide range of problems involving to executing the trading contract. The parties' liability for the period of performance, the place of performance, the failure to deliver conforming goods together with it's nature of the lack of conformity, and the methods of compensation against damages and the force majeure clauses application. Those issues affect directly to commercial transactions in international business. The focus is more on the interrelationship of private individuals in its trade and on aiming to remove the legal obstacles from the Chinese Contract Law to freely flow of international trade. Reference may include foreign corrupt practices, Conventions on Contracts for the International Sale of Goods and Laws of England, France, and Japan. This study has brought the efforts of these issues in the full spectrum of performance and with concentrations on effectiveness to avoid the different viewpoints of the general principles of CISG and commercial practice founded pre-eminently. This study, in presenting the legal framework, will contribute to a better understanding of the purpose of rules of Chinese Contract -Law as they interact to the benefit of the parties involved in international trade transactions. The writer believes that a problem-oriented approach and the concentration as outlined above would offer a different perspective for law faculty teaching in this area and hope that this study can be sufficiently diverse to satisfy many of those views.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.29 no.3
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• pp.278-288
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• 2019

Objectives: The objectives of this study are to summary controversy over health risks among semiconductor workers, to review major cancer risk results conducted in semiconductor operation and to evaluate occupational health activities in Korea for controlling hazardous agents generated in semiconductor operations Methods: Major occupational health issues that has been social controversies among semiconductor workers since 2007 were reviewed through an extensive literature, report and article review. Results: Since a female semiconductor worker aged 22 died from leukemia in 2007, job-association of a number of former semiconductor workers with various types of cancer and rare diseases have been denied by the Korea Workers' Compensation and Welfare Service (KWCWS), but some of them were later awarded compensation as an occupational disease by the administrative court. Two epidemiologic cancer risk studies conducted in Korea found increased risks in leukemia and non-Hodgkin's lymphoma among semiconductor workers. Various legal occupational health activities taken in semiconductor industry were found to fail to assess a complex characteristics of semiconductor operations, such as drastic changes in chemical use, processes, and technology, multiple exposure. National compensation regulation also showed the limitation to evaluate job-association of semiconductor workers who had worked in semiconductor operation. Conclusions: National legal measures should be taken to improve several occupational health activities and duties for protecting workers. In addition, the KWCWS program should be revised so that all workers who meet minimal job or environment associations can be compensated.

• International Journal of Advanced Culture Technology
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• v.12 no.1
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• pp.299-304
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• 2024

Human rights problem of refugee is the most important task to be solved in the international society. The United Nations High Commissioner for Refugees (UNHCR) was established in 1950, with the need for cooperation in the face of the European refugee crisis. In 1951, 'The 1951 refugee convention' was signed for the protection of all refugees. Since the 1951 Refugee Convention, a legal framework has been established for responding to refugees. However, the discrimination and persecution of refugees are still lingering. The interest and the political will of many people in the world are needed to solve this problem. This article analyzes what efforts should be made with respect to human rights issues. This article concludes that, when comparing refugee acceptance and Korea, Korea needs to look at the common denominator of refugee law, human rights law, and international humanitarian law while looking at the treatment of refugees and displaced people from an inclusive approach, and reorganize law and policy. Since Korea is expected to gradually require inclusive policies, Korea should also supplement the legal system and take an inclusive approach. Although Korea as a member of the Refugee Convention, the Geneva Convention, and the Supplementary Protocol, has an obligation to enact domestic implementation laws, it does not reflect all of the obligations required by these conventions, so reorganization is needed.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.237-271
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• 2013

There is the limit of the traditional legal hermeneutics and fragmentary or individual theoretical legal approach to suggest the desirable solution of Korean health care law system to have many issues. Law & politics research is the legal research method to suggest the resonable understanding and seeking the measures through various approach, decide and evaluate that the legal methods can be functioned as the optimum system design. Law & politics research has some procedure. 1. It is demanded to catalog the comparison target of legal system by its topic. 2. It is demanded to compare it with Korean situation. 3. The realistic and empirical legal research to the compared policy alternatives is needed. 4. Reflecting the results of this research work, the desirable policy idea must be adopted. 5. The accomplishment of this policy idea must be come true as a specific legislation through interest coordination. 6. This plan must be come into force and the feedback to effect of society must be examined closely. Here I will review generally the contribution of law & politics research to health care law system because of the problem of time and the insufficiency of law & politics research. The constitutional consideration is important to support the interest coordination because of the shortage of resources. The comparative law research can compare our health care system with those of other countries and seek some desirable alternatives. If we discuss the law system plan in a long time and synthetically from different perspectives, more desirable helath care law system can be deducted.

• Korea Trade Review
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• v.48 no.3
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• pp.243-262
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• 2023

This study provides a systematic review of smart trade contracts, examining the research trends and theoretical background of utilizing smart contracts and blockchain technology for the digitalization and automation of trade contracts. Smart trade contracts are a concept that applies the automated contract system based on blockchain to trade-related transactions. The study analyzes the technical and legal challenges and proposes solutions. The technical aspect covers the development of smart contract platforms, scalability and performance improvements of blockchain networks, and security and privacy concerns. The legal aspect addresses the legal enforceability of smart contracts, automatic execution of contract conditions, and the responsibilities and obligations of contract parties. Smart trade contracts have been found to have applications in various industries such as international trade, supply chain management, finance, insurance, and energy, contributing to the ease of trade finance, efficiency of supply chains, and business model innovation. However, challenges remain in terms of legal regulations, interaction with existing legal frameworks, and technological aspects. Further research is needed, including empirical studies, business model innovation, resolution of legal issues, security and privacy considerations, standardization and collaboration, and user experience studies to address these challenges and explore additional aspects of smart trade contracts.

• Journal of Korean Academy of Dental Administration
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• v.9 no.1
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• pp.14-24
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• 2021

Dentists and dental hygienists are major collaborators, as expressed by the concept of "Four-handed dentistry." Dentists are guaranteed their legal duties and rights in accordance with the Medical Act, whereas dental hygienists are currently stipulated in the scope of their legal duties under the Act on Medical Technicians. However, there is a difference between the actual work and the legal work performed by dental hygienists; therefore, the work is dependent on many legal controversies and authoritative interpretations. The purpose of this study is, first, to develop a reliable questionnaire tool regarding the actual work performed by dental hygienists in dental hospitals and clinics, and second, to examine the awareness of the appropriateness of legal work based on the developed questionnaire. The target subjects of the survey were dental hygienists and dentists, and the dental hygienists were those who worked in dental hospitals and clinics as license reporters of the Korean Dental Hygienists Association. A total of 1,294 dental hygienists and 39 dentists were included in the final analysis. In the dental hygienist group, 19 items received the response "appropriate for legal work" in over 90% of cases, accounting for 25% of the total 76 items. In addition, in a total of 31 items, more than 80% of the responses were appropriate for legal work. Among them, the highest was 'Scailing' (97.7%), followed by "Extraoral-Panorama" (97.1%). In the dentist group, 10 out of 76 items showed over 90% adequacy for legal work, and among them, "instrument cleaning and sterilization" was the highest at 100%. It was followed by "Intraoral radiography," "Scailing," and "Toothpick method, TPM" with 97.4%. In the case of dentists, 28 out of a total of 76 items showed an appropriateness of more than 80% for legal work. This study comprehensively investigated the actual work of dental hygienists in line with timely and appropriate social issues and provided reliable statistics in evidence-based dentistry.