• Journal of Auto-vehicle Safety Association
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• v.15 no.1
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• pp.45-54
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• 2023

In the commercialization stage of level 4 or higher autonomous driving, the need for new legal system related to drive safely has increased in order to meet the improved level of technological development. Especially human drivers should not be legally accountable for road safety in the era of autonomous vehicles and thus safety standards for operation of autonomous vehicles are significant. To address this issue, the German Road Traffic Act was revised in 2021, adding provisions corresponding to the commercialization of self-driving vehicle of level 4 and in the similar context the Japanese Road Traffic Ac was amended in 2022. This Article draws implications for legislative discussions on driving-related responsibilities of driverless autonomous vehicle to ensure driving safety in Korea through recent amendments in Germany and Japan.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.239-274
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• 2010

Advance directive refers to a description of the treatment method a patient wants to be provided with in case where the person is unconscious or lacks an ability to decision making in a future period or a declaration of intention that delegates and appoints another person who makes a decision regarding a treatment method on behalf of the person. Advance directive is usually a document form, but oral statement is acceptable as well. Advance directive may have a variety of forms though, it basically consists of two basic forms. That is, one is a living will, and the other is a surrogate decision making. Though the importance of advance directive has been emphasized, and the necessity of adopting the system has been strongly argued for so far, the debates on criteria, method, and procedure alike have not yet reached an agreement. It is because even the concept of advance directive is more or less ambiguous, and each specific method has its own theoretical limitations and practical constraints. Thus the inquiries on advance directive raised in the study are summarized as the meaning, practicability, and philosophical foundation of the advance directive. Firstly, the theoretical limitations of Advance directive may be categorized into conceptual and moral limitations. In case of conceptual limitations, authors of advance directives may not be well aware, in advance, of the particular situation in which he or her will experience in the future, and patients may experience the change in his or her values and lack the understanding and information about the future situation due to the changes in treatment methods. In case of moral limitations, a patient has a limited moral autonomy right and self identity that have an impact on his or her preference. Secondly, in case of practical constraints for advance directive, there exist cultural features, low ratio of documentation, as patients themselves admit, and low predictability and stability of patient's own preference regarding life-sustaining care. And the problem of validity and accuracy in proxy's decision making is also raised. Those who administer a living will, especially, may have a difficulty in understanding the directive by a patient, so that the accuracy of execution cannot be secured. In the sense, it is needed to implement a legal device in order to solve such problems. In summary, it is urgently required to understand the limitations and explore desired alternatives to overcome the relevant problems in advance, which must contribute to successfully adopting and effectively operating the advance directive system in Korea.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.15 no.5
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• pp.2946-2952
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• 2014

The purpose of this study is to provide some basic information for elderly driving safety, by analyzing the current state. This study analyzed 128 survey questionnaires given to senior welfare center user in P city and evaluated Montreal Cognitive Assessment Korean Version(MoCA-K) and Neurobehavioral Cognitive Status Examination(NCSE) for checked 41 owner drivers by questionnaires. 32% of total elderly persons was owner driver, and 56.1% of elderly drivers was driving everyday. 56.1% of elderly persons was driving for 1-2hours per day. 46.3% of elderly persons was using a car for leisure activity and 31.7% of elderly drivers was experienced a car accident. As cognitive function evaluation, some elderly drivers showed scores lower than average in subcategories of cognitive functions for driving a car. So, methodical evaluation system for accurate evaluation of deficit ability and driving re-education system will be required for safety driving of elderly person. In future, a legal approach of government as driver licence management and renewal system will be required for safety driving of elderly person.

• Journal of Digital Convergence
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• v.20 no.4
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• pp.367-376
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• 2022

In traditional criminal cases, there is a limit to information collection because information on the subject of investigation is provided only with personal information held by the national organization of legal. Surface web-based OSINT(Open Source Intelligence), including SNS and portal sites that can be searched by general search engines, can be used for meaningful profiling for criminal investigations. The Korean-style OSINT workflow can effectively profile based on OSINT, but in the case of individuals, OSINT that can be collected is limited because it begins with "name", and the reliability is limited, such as collecting information of the persons with the same name. In order to overcome these limitations, this paper defines information related to individuals, i.e., equivalent information, and enables efficient and accurate information collection based on this. Therefore, we present an improved workflow that can extract information related to a specific person, ie., equivalent information, from OSINT. For this purpose, different workflows are presented according to the person's profile. Through this, effective profiling of a person (individuals) is possible, thereby increasing reliability in collecting investigation information. According to this study, in the future, by developing a system that can automate the analysis process of information collected using artificial intelligence technology, it can lay the foundation for the use of OSINT in criminal investigations and contribute to diversification of investigation methods.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.173-198
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• 2010

The purpose of this paper is to research on the liability for the space damage and the settlement of the dispute with reference to the space activity under the international space treaty and national space law of Korea. The United Nations has adopted five treaties relating to the space activity as follows: The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties have come into force. Korea has ratified above four treaties except the Moon Treaty. Korea has enacted three national legislations relating to space development as follows: Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, the national tort liability for damage by space launching object, the national measures for dispute prevention and international consultation in the exploration and use of outer space, the joint resolution of practical questions by international inter-governmental organizations in the exploration and use of outer space. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, the exercise period of the claim right of compensation for damage. The Liability Convention of 1972 should be improved as follows: the problem in respect of the claimer of compensation for damage, the problem in respect of the efficiency of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, the establishment of the Space Damage Compensation Review Commission. The 1998 Final Draft Convention on the Settlement of Disputes Related to Space Activities of 1998 by ILA regulates the binding procedure and non-binding settlement procedure for the disputes in respect of space activity. The non-binding procedure regulates the negotiation or the peaceful means and compromise for dispute settlement. The binding procedure regulates the choice of a means among the following means: International Space Law Court if it will be established, International Court of Justice, and Arbitration Court. The above final Draft Convention by ILA will be a model for the innovative development in respect of the peaceful settlement of disputes with reference to space activity and will be useful for establishing the frame of practicable dispute settlement. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and dispute settlement, and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.177-213
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• 2011

The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

• Korean Security Journal
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• no.43
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• pp.177-204
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• 2015

The Korean Criminal Code ${\S}10$ (1) provides that "The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished". Therefore, it'll not be able to be given criminal punishment if a mentally defective person is determined to lack the criminal liability. The problem about judging the criminal liability for the mentally defective person exists in areas where the criminal law intersects with psychiatry. Although the supreme court ultimately judges whether the criminal liability by mental defectiveness exists or not, the judgment of mental defectiveness, which is biological element, needs psychiatric knowledge and it is no wonder to rely on this. In particular, a change is required in the procedure and contents of mental examination for a mentally defective person as implementation of the Civil Participation in Criminal Jury Trial. It is needed the improvement of procedure to submit more accurate mental examination and the result of it in order that jurors are able to understand the result of mental examination and make an decision. This is because jurors consisting of ordinary citizens take part in trial. For guaranteeing the precise result of mental examination in the criminal justice procedure, it is necessary to establish the pool of manpower consisting of psychiatrists or psychologists who have completed the specific educational programs about the criminal justice and legal psychiatry, and it is desired to carry out the psychiatric test with selecting appraisers who belong to a pool of manpower. Furthermore, it is required to draw up and submit the written appraisal of mental examination which is easy to be known because of considering the nonprofessional of jurors consisting of ordinary citizens in the Civil Participation in Criminal Jury Trial. In order to gain a fair verdict of the jury about whether mental defectiveness exists or not, it is recommended the prompt submission of the written appraisal of mental examination, the presentation of the written appraisal of mental examination summarizing the important contents, and making out the written appraisal of mental examination for jurors to understand it easily.

• Korean Security Journal
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• no.57
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• pp.177-203
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• 2018

Police Assigned to Special Guard Act was legislated in 1962 to solve issues regarding the protection of various staple industrial installations, and in 2001, the Security Services Industry Act was revised to establish an effective security system for important national facilities. Thereby the Special Guards System was instituted. The current law has two parts, with the Police Assigned to Special Guard System and Special Guards System, and many scholars have actively discussed the appropriateness of the integration of both systems to solve problems caused by a bimodal system. However, in spite of these discussions taking place in the academic world, the idea of unification lost its power when the guarantee of status regulation was established for the police assigned to special guard. Strictly speaking, police assigned to special guard is a self-guard, and a special guard is a contractual guard. So, both of them have pros and cons. Thus, it would be desirable to give a legal, constitutional guarantee for both systems by strengthening each of them and making up for the weakness of each of them rather than trying to unify police assigned to special guard and special guard. To begin this process, we need to revise unreasonable legal provisions of Security Services Industry Act and Police Assigned to Special Guard Act as below. First, since the actual responsibilities of special guards and police assigned to special guard duty are the same, we need to make the facilities which they use equal. Second, legal provisions need to be revised so that a special guard may perform the duties of a police officer, according to the Act on the Performance of Duties by Police Officers, within the facility that needs to be secured in order to prevent any vacancy in the guarding of an important national facility. Third, disqualifications for the special guards need to be revised to be the same as the disqualifications for the police assigned to special guard duty. Fourth, it is reasonable to unify the training institution for special guards and for police assigned to special guard duty, and it should be the training institution for police. On-the-job education for a security guard needs to be altered to more than 4 hours every month just like the one for police assigned to special guard duty. Fifth, for a special guard, it is not right to limit the conditions in their using weapons to 'use of weapon or explosives' only. If one possesses 'dangerous objects such as weapon, deadly weapon, and so on' and resists, a special guard should be able to use their weapon against that person. Thus, this legal provision should be revised. Sixth, penalty, range of fines, and so on for police assigned to special guard duty need to be revised to be the same as the ones for a special guard. If we revise these legal provisions, we can correct the unreasonable parts of Security Services Industry Act and Police Assigned to Special Guard Act without unifying them. Through these revisions, special guards and police assigned to special guard duty may develop the civilian guard industry wholesomely under the law, and the civilians would have a wider range of options to choose from to receive high quality security service.

• Journal of Digital Convergence
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• v.16 no.8
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• pp.109-116
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• 2018

This study examines legal regulations and major issues related to income taxation of religion in the income tax law enacted from 2018, and examines the right improvement method. The purpose of this study is to propose an improvement plan through the analytical review of the legal issues related to the income of religion in 2018 and the main issues of taxation. The results of this study are as follows: First, it is the best way to define religious income as a separate item in earned income. Second, it is the best way to apply the deduction system for earned income in the application of deductible expenses. Third, precise and transparent reporting on income of religious persons is required, and a measure should be enforced to impose withholding tax obligations. Fourth, in order to restore transparency and reliability of expenditure related to religious activities, it should be expanded to submit details of total income and expenditure of religious groups. This study provides practical implications for the related field research by providing the starting point and basic data of the discussion on the income taxation system of the religious person.

• Journal of Korean society of Dental Hygiene
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• v.7 no.2
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• pp.153-166
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• 2007

The job of dental hygienists is specialized, and they have to be capable of performing their primary duties including prevention of oral diseases, oral prophylaxis, and oral health education. To ensure their successful job performance, dentists should have an accurate understanding of their duties and need a change of mind-set about them. And there should be written legal and concrete regulations on the coverage of their work in order to let them boost their job performance with pride and a sense of responsibility. The purpose of this study was to examine the actual roles and job performance of dental hygienists in clinical field in an attempt to discuss the substantial job performance of dental hygienists and their job enlargement. It's basically meant to help enhance the efficiency and quality of medical services. The subjects in this study were 471 dental hygienists in dental clinics, dental hospitals, university hospitals and general hospitals across the nation, on whom a survey was conducted in person from March 2 to 25, 2005. The collected data were analyzed with SPSS Win 12.0 program, and the findings of the study were as follows: 1. The major jobs they currently performed included oral health education, hospital management, simple duties, extensive dental hygiene duties and joint treatment assistance. They hoped to continue to be responsible for oral health education, preventive treatment and extensive dental hygiene duties. 2. As for their current job by age, extensive dental hygiene duties, preventive treatment, joint treatment assistance, preserving treatment, prosthetic treatment and pediatric treatment were most conducted by the dental hygienists who were at the age of 26 to less than 31, and those who were at the age of 31 and up were most responsible for hospital management and simple duties. 3. As to job awareness by workplace, their workload was statistically significantly different according to their workplace. The hospital employees took care of more work than those in clinics. 4. Concerning job awareness by age, the younger dental hygienists suffered more role conflicts and were given a less free hand in work handling, the middle-aged group's job was uncertain. Legal regulations about the coverage of their work should be prepared in detail as a measure to stir up their responsible job performance and pride. In order to take advantage of experienced dental hygienists, their duties should be more differentiated and specialized, and their working conditions should be improved to boost their job satisfaction. That is, they should be given ample chances for promotion and serving as a middle manager and be given fair treatment according to their career. If their work is accurately darified and specialized based on career, it will boost the efficiency of dental treatment. Dental hygienists also should direct sustained efforts into self-development in order to become a skilled and professional oral health personnel.