• Analyses & Alternatives
• /
• v.3 no.2
• /
• pp.59-85
• /
• 2019

The Hong Kong's Anti-Ordinance Amendment Movement is the most serious radical social movement since the 1997 return, which has served as the promotion of the 2014 Occupy Central Movement and broken through the violence baseline. The movement came from a criminal case committed in Taiwan,which gave a good reason and motivation for the HK government to amend the Fugitive Offenders Ordinance. The HK government has responded to the protests by strictly limiting the legal scope and transfer procedure, even giving up the legislative motion. But the protests still say no and develop into the constantly violent activities. Many of the protests have committed the crimes in HK laws,part of whom have been arrested,prosecuted and under judicially judged. It is necessary for the offenders to be punished to protect the authority of rule of law in HK. Two different paths for HK have fought against each other since the 1997 return: one is the "democratic-welfare" path taken by the Pan-Democratic Camp, the other is the "Legal-development" path taken by the Pan-Establishment Camp. The second path shares some nuclear characteristics of the so-called The China Model mainly shaped from the 40-years Reforms and Openness. However, the HK people can't understand the China Model very well and show great fear and distrust on the judicial system of Mainland China. The foreign powers such as US and UK have illegally interfered the HK issues which are deemed to be the domestic affairs of China. The so-called Sino-UK Joint Declaration can't serve as the legal basis for the interference. Taiwan, as a part of China, also plays a negative role in this movement for its electoral and political interest. Up to now, the movement has gone down and the HK government has the legal capacity to solve the problems under the supports from the central government and the HK people. The HK people love its rule of law and order under the constitutional framework of One Country Two System. After the movement,One Country Two Systems will be go on, and the integrated development under the policies of the central government will be the main stream. However, the relevant problems exposed by this movement muse be checked and solved legally and strictly,especially concerning the social inequality and youth development.

• Korea Trade Review
• /
• v.43 no.4
• /
• pp.27-50
• /
• 2018

This study focuses on the judgement of Seoul High Court' regarding the formation and performance of contracts applying the CISG. The purpose of this study is to provide legal understanding to contracting parties involved in contract for the international sale of goods that can be considered in raising the understanding of the CISG within the scope of the subject. This study aimed at the legal validity of judgments, the defects in reason for judgments and legal standards that could be established. The main contribution of this study is summarizing the facts of judgments and arguments of the parties and furthermore, in accordance with the order, the judgment order of the court and the decision criteria of the application law, the CISG articles comment and interpretation on the formation of the contract, legal bases of fundamental breach of contract, termination of contract, concurrent fulfillment and other supplementary matters and so on.

• The Journal of the Korea Contents Association
• /
• v.13 no.1
• /
• pp.175-185
• /
• 2013

The judgement which is subject of research has denied legal rescission of division of the inherited property by agreement based on (1) the fact that the division of inherited property terminated at the time of concluding mutual agreement in its nature while only the relationship of claim and obligation between the inheritor who has paid for such obligation and the inheritor who has acquired such obligation in the mutual agreement remains (2) and the fact that the legal stability is considerably hindered as the re-partition of inherited property having retroactive effect becomes unavoidable in case of approving the legal rescission of the division of the inherited property by agreement. But it is reasonable to also approve legal rescission on the division of the inherited property by agreement in case the division by agreement actually has the nature such as conditional donation between joint heirs (1) from the fact that the division of the inherited property by agreement gets the nature of disposal equivalent to exchange, transfer and abandonment of share between joint heirs in actuality, (2) and the fact that there are no other theories in approving the validity of mutually agreed rescission despite the fact that the re-partition of inherited property having retroactive effect is unavoidable even in case of the mutually agreed rescission of the division by agreement among all joint heirs. However, as the division of the inherited property by agreement is a contract that gets concluded only if all joint heirs participate, even the legal rescission for the reason of not fulfilling the obligations paid by one party of the heirs during the division by agreement must be considered as possible only by expression of intentions from all other joint heirs excluding this one party.

• Korean Journal of Acupuncture
• /
• v.19 no.2
• /
• pp.149-165
• /
• 2002

Objective : We proposed fundmental rules of prospective on legal and institutional position and role of Korean medicine doctors working at public health center. Methods : By the result of this research on the current situation, the grade and allowance given to the Korean medicine doctors working at public health center were different every self-governing body. Results : The reason the Korean Medicine Doctor can't serve as a regular order of 5th grade is that the 'The Enforcement Regulation about Administrative Organization and the Standard of Pixed Number of person of Self-Governing Body(지방자치단체의 행정기구와 정원기준등에 관한 규정 시행규칙)' prescribes the number of regular order of 5th grade is regulated within 7% among the number of regular order officials. But not appointing to office as the regular order of 5th grade infringes on the Constitution, the highest law. The reason the Korean Medicine Doctors can't be appointed to office as the regular order officials by the self-governing body is that 'The Enforcement Order of the Law of Preservation of good health of Local Area(지역보건법시행령)' prescribes the Korean Medicine Doctors are not indispensable to Public Health Center. But in fact, the Korean Medicine Doctors can execute many kinds of work such as medical examination or instructing house nursing. Conclusion : The Korean Medicine Doctors working at Public Health Center serve at low positions as daily use or common use, not receiving a regular order. All laws including the Constitution(헌법), the Medical Services Law(의료법), the Law of Preservation of good health of Local Area(지역보건법), the National Public Service Law(국가공무원법), the Local Public Service Law(지방공무원법) and the Law of Higher Education Law(고등교육법) describe that the Korean Medicine Doctors and the Western Medicine Doctors are equal to their position and right.

• Journal of Korean Clinical Nursing Research
• /
• v.14 no.2
• /
• pp.59-70
• /
• 2008

Purpose: Purposes of this study were to promote understanding on mutually informed consent by comparing and analyzing the perception and experience of informed consent among physicians, nurses, and patients. Method: Participants in the study were 145 physicians, 300 nurses, and 178 patients from eight hospitals in Busan. To examine their understanding and experience with informed consent, all participants responded to a questionnaire. The collected data were analyzed using SPSS/PC 12.0 program. Results: On the necessity of informed consent, the affirmative percentages were 95.9% for physicians, 99.0% for nurses and 84.8% for patients. As to the most important reason for informed consent 47.6% of the physicians and 64.3% of the nurses answered 'because it is an occupational and ethical duty', while 46.6% of the patients answered 'because it is protection for physicians'. Regarding the legal decision maker for informed consent, 33.1% of the physicians, 27% of the nurses, and 42.1% of the patients answered that the legal decision-making right belonged to the 'patient'. The agreement rate on the necessity of providing a comprehensive explanation about informed consent was 89.0% for physicians, 98.3% for nurses, and 96.1% for patients. Conclusion: Most physicians, nurses, and even patients have inaccurate perceptions and inappropriate experience with informed consent.

• Journal of Fisheries and Marine Sciences Education
• /
• v.15 no.1
• /
• pp.81-100
• /
• 2003

It is undeniable that IUU Fishing are threatening so many legal fishermen' economic livelihood, negatively impact on conservation and protection of the fishery stock and ecosystem itself. Especially, negative impact of IUU Fishing resulted from the increasing fishery activities on the high seas. The Korea case of Coastal and Off-shore Fisheries, difficulties in conserving and controlling the fishery stock was brought about. Simultaneously, it is the fact that there are so many damage such as the reduction of fish Stock management program's effect, dissatisfaction of legal fishermen, over-exploiting of fish stock. Related with this kind of problem, FAO had adopted "International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing(2001)". From this reason, Korea also needs to make actual efforts to prevent IUU Fishing. i.e. each nation should develop Korea action plan by Feb. 2004 and impliment it, report on implementation toward FAO. This Paper will review the definition of the IUU stipulated by "International Plan of Action on Illegal, Unreported and Unregulated Fishing" and study Korea cases of the IUU fishing. Finally, the analysis of Korea's implementation will be done, centering around the contents stated on the International Action Plan. The significance of this paper is to grope the political countermeasures against international movement of the IUU fishing prevention.

• Journal of KIBIM
• /
• v.12 no.3
• /
• pp.30-38
• /
• 2022

Railway is compsed in various components, such as subgrade, track bed, sleeper, rail, and overhead line, on a linear space. Therefore, comprehensive work for various design standards and guidelines is required when designing a railway facility. For this reason, much time and effort are required to review the relevant design standards and guidelines. While, automatic legal check system for BIM models has been developed in the architectural engineering, it has not been developed in the railway engineering. This study reviews the korean design standard and the korean code for railway engineering, and suggests some rule items of logical information. Comparing the suggested rule items to the railway BIM library, items of logical information and additional attribute information are obtained. The analysis results of railway design standards and BIM library presented in this study would be utilized for defining rule-set items that is essential for development of the automatic legal check system for railway BIM models.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
• /
• v.32 no.1
• /
• pp.29-38
• /
• 2014

UAV(Unmanned Aerial vehicle) could be effectively applied in a field of land monitoring for analyzing disaster area and mapping, because it can quickly acquire image data at low costs. For this reason, we reviewed the legal system related to mapping, and proposed suggestions for improving in legal system, due to introducing the UAV to Korean land-monitoring through this paper. Also, we evaluated spatial and time accuracy of the digital map, which are generated from UAV images that were taken for occasional map updates and disaster detections. As a result, the mean error is about 10m if only GPS/INS data used, while using GCP(Ground Control Points) it is about 10cm. Therefore, we conclude that the UAV could be effective method in korea land-monitoring field.

• Journal of the Korean Institute of Navigation
• /
• v.14 no.3
• /
• pp.63-73
• /
• 1990

Students of the Mogpo Merchant Marine College must complete one year's shipboard training course according to IMO(International Maritime Organization) regulations as an obtaining matter of Certificate of Competency. The purpose of this shipboard training course lies int he student's acquiring practical knowledge and sill as a part of a course of study and, in the future, fostering essential adaptability and leadership, especially in bad circumstances on the sea. The shipboard training course has two kind that the students can be trained either on the training ship or on a merchant ship of the shipping company. In this paper, I only thought over the legal status of apprentice officers on the merchant ship and analyzed the problems practicably during shipboard training. This paper is made up of five chapters. The first chapter contains the purpose contents and method of this study, in the second, the meaning of shipboard practice education and training, in the third, the legal status of apprentice officers on merchant ship, in the fourth, the analysis of the provisions of the seamen act applied to apprentice officers on a merchant ship. And in the last chapter 5, the contents mentioned is summarized and directions are presented to amend the provisions of the seamen act applied to apprentice officers. The conclusions are as follows. 1.In case of shipboard training on overseas employment ship, the seamen act applied to the manning agent employing the apprentice officers should be reinforced. 2. The provisions of disembarkation in mid course by discipline of the seamen acts Article 24 should be relaxed. And the provisions in relations to seamen's duty to be a reason of discipline applied to apprentice officer among the provisions for ship's public order maintenance should be abolished. 3. The provision of repartriation completely should be applied to apprentice officers and the provisions of a journey expenditure during their embarkation or disembarkation have to be established. 4. The apprentice officers in shipboard training also need securing a basic wages provision to be criterion of an accident compensation. 5. The apprentice officers in shipboard training should not be in charge of third officer's or third engineer' study.

• Korean Journal of Construction Engineering and Management
• /
• v.19 no.6
• /
• pp.94-102
• /
• 2018

Recently, there is a growing need to review compliance with legal requirements to ensure fire safety as the number of fires caused by noncompliant fire safety facilities in high-rise buildings has increased. While there are a large number of apartment buildings in Korea, there is a lack of review on fire safety facilities' compliance with fire safety requirements. The reason for this lack of review despite apartment buildings causing deaths due to their structural features in the event of a fire, lies in the misinterpretation of legal provisions as the Building Act and the Fire Services Act are mixed up; a final inspection when fire safety facilities are unnecessarily installed or missing could result in significant losses in terms of finances and time. Therefore, this study developed a checklist that makes it possible to review mixed-up legal requirements for fire safety facilities simultaneously, and examined the importance and current level of each item through IPA (Importance Performance Analysis). Based on these results, this study intends to develop a manual that considers its applicability to construction practices and contribute to reducing construction companies' fire safety inspection risks.