• Title/Summary/Keyword: Legal status

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A Study on Medical-criminal Problem of Withdrawing Life-Sustaining Treatment (치료중단행위에 대한 의료형법적 고찰 -의학적 충고에 반한 퇴원 사례를 중심으로-)

  • Cho, In-Ho
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.319-382
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    • 2008
  • As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

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A Study on the Legal Aspects of E-Commerce in China (판례를 통해 본 중국의 전자상거래와 관련한 몇 가지 문제에 관한 연구)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.213-237
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    • 2010
  • The purpose of this paper is to analysis the legal aspects of e-commerce, particularly those relate to electronic contract, in China On 23 November 2005, the United Nations General Assembly adopted a Convention on the Use of Electronic Communications in International Contracts, known popularly as the Electronic Communications Convention. China signed it but the convention is not binding yet as it still requires the ratification by three states. On the other hand, China adopted a new act legalizing the electronic signature in 2004. This new act provides electronic signatures with the same legal status as handwritten signatures. But the efficiencies that business hopes to achieve through electronic commerce are not completely reflected in the legal processes necessary to support those hopes.

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A Study on the legal status about chief of fishing boats (어로장의 법률상의 지위에 관한 연구)

  • Lim, Seok-Won
    • Journal of Fisheries and Marine Sciences Education
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    • v.23 no.4
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    • pp.723-733
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    • 2011
  • On the general fishing boat in the same person of the fishing Chief and the Captain, the fishing chief positions are not separately. In this case, in Civil, Criminal and Administrative law, does not cause any problems. Just he take only responsibility for the legal effect of each, this is a natural solution for the effects of laws. But, if make one work unit, the fishing chief take fishing work from the position of the dominant of the captain, and moreover throughout the voyage work commands the captain. Such fishing chief center structure have roots institutive. In the case, according to legal liability by presenting solutions to the problem are as follows : firstly, The legal division Of the Sailing courses and operation course are necessary. Secondly, In the adminstrative ship official law, obligatory acquisition of the fishing Chief marine engineer qualification is necessary.

Legal Problems on U.S.-Korea Fishery Dispute (한미어업관계의 쟁점과 법률문제)

  • 최종화
    • The Journal of Fisheries Business Administration
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    • v.21 no.1
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    • pp.21-34
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    • 1990
  • The U.S.-Korea fisheries relationship was concluded on the legal basis of Korea as a distant-water fishing nation and U.S. as a coastal state, and aiming effective conservation, management and rational utilization of the marine living resources. The existing two legal problems on U.S.-Korea fisheries relationship are the pelagic driftnet fishing on the high seas and trawl fishing in the Bering Sea. The results and countermeasure discussed on the positive legal systems of both countries which simultaneously rationalize the conflicting standpoints each other are as follows : 1. For the sake of rational conservation and utilization of the high seas fishery resources, an international organization composing of all the coastal states and fishing nations concerned must be established, and it shall be shall be more desirable to manage the resources by the international joint control system than by the bilateral agreements between the countries concerned. 2. The U.S.-Korea Fisheries Agreement being based on the MFCMA was concluded by mutual understanding between both countries. Accordingly, no protest exists against legal status of the Agreement because it has acted as a customary norm in keeping fisheries relationship between both countries within the U.S. EEZ. 3. The existing fisheries legislative system of Korea is insufficient to support development of the industry satisfactorily. Therefore a special legislation, for example $\ulcorner$Distant-water Fishery Promotion Act$\lrcorner$, is required. And a perfect legal system for effective conservation and management of fishery resources must be established.

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Study on Legal Issues of Facility Management of Children's Swimming Pool

  • KWON, Yeon Taek;SEO, Myung Seok;SEO, Won Jae
    • Journal of Sport and Applied Science
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    • v.3 no.1
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    • pp.19-25
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    • 2019
  • Purpose: Children's swimming pools are picking up faster than the other types of swimming pool. Yet, safety law-related studies are still lack. This study is to review legal status of children's swimming pool in Korea and to discuss the related legal issues for safety management of children's swimming pool. Research design, data, and methodology: The study reviewed law and clauses for sport facility management and related legal clauses with chilren's swimming pool management, and sport facility-related articles. Results: Safety management of children's swimming pool should currently follow law for sport and physical education facility management because of no its own legal norm for children's swimming pool. Given this, specific law and clauses for children's pool management need to be legislated to prevent risks for children and to satisfy specific safety factors considering careless behavior of children. Conclusions: Regarding this, the study points out five suggestions. First, law should be established to make notification of safety rules mandatory and this notification should be placed in the pool. This notification would be better effective if it is visualized. Second, according to law, safety 7 rules of children' s swimming pool need to be legistrated and educated for pool managers to obey them. Pool managers could also add their own rules to the 7 rules. Finally, preparation of emergency kits and safety devices need to be mandatory in the pool. Further implications were discussed.

Characteristics and Current Status of Library E-book Purchase Contracts (도서관의 전자책 수급 계약의 특성과 실태)

  • Hosin Lee
    • Journal of the Korean Society for Library and Information Science
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    • v.57 no.1
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    • pp.435-456
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    • 2023
  • This study aims to check whether e-book purchase contracts have sufficient requirements to serve as legal basis for e-book lending outside the library, and also to understand the current status and characteristics of the library's e-book purchase contracts. To this end, the legal and technical environment related to e-book lending was reviewed, and the elements that must be included in the license contract were summarized as the legal basis for e-book lending. Based on this, it was analyzed whether these requirements were properly reflected in actual contract cases. For three years from 2020 to 2022, the actual 43 contracts that were bid through the Korea On-line E-Procurement System were inspected, and then problems were pointed out, and improvement measures were proposed.