• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.3-24
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• 2019

This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

• Fire Science and Engineering
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• v.22 no.2
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• pp.20-29
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• 2008

The traffic accident of Fire engine takes place very much, compared with that of the past. The reason is that there is a lot of the increase of the demand in the fire, rescue, first aid, and the public request. Also, because the Fire engine should go out at the place of the accident very quickly, it should inevitably violate the traffic regulations. Therefore, this is due to the traffic accident. Despite the urgent situation in the infringement motive of traffic regulations, the outbreak of the traffic accident does not vary largely from the degree of the disadvantage. Accordingly, a fire officer should take charge of his social and economic disadvantage by himself. In this situation, a fire officer has no choice but to start moving passively not to be afflicted with his own disadvantage. Most of the situations concerning the fire fighting are the ones to be controlled urgently. Nevertheless, because of the disadvantage of the traffic accident, passive mobilization of the fire fighting equipment is the heavy burden of all the people of the nation. Therefore, Special institutional safety device should be ready for the protection of the life and property of all people. The special law concerning the processing in the accident of the emergency car needs to be revised. By establishing this special law, the government should not provide the officer who drives the fire engine with the disadvantage caused by traffic accident.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.165-206
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• 2018

Researchers, Institutional Bioethics Committee(IBC)/Institutional Review Board (IRB) members, Research Institutions that have multiple interests in relation to research should ensure that conflicts of interest(COI) do not arise in making professional judgments. In other words, according to the role that must be performed or the obligation to fulfill it, the primary interest, which must be considered or should be prioritized, should not be affected by the secondary interest. Therefore, standards and methods should be prepared so as to prevent and solve the problems of COI that have arisen, and the basic matters on standards and methods should be clearly defined in terms of the law and policy so that all parties such as Researchers can understand and follow them. In order to establish a more realistic legal policy, it is necessary to grasp the current situation. Therefore, I have reviewed results of the questionnaire survey and interview conducted for the administrative staff of IBC/IRB to confirm their opinions on legal policy problems related to COI and countermeasures for resolving them. Also, I have reviewed the main contents of issued by the US Department of Health and Human Services in order to assist in the preparation of domestic legal policy about conflicts of interest. Finally, I have analyzed the present state of domestic legal policy in relation to the Researcher's COI, the IBC/IRB member's COI, and Institutional COI and suggested way to improve it.

• Journal of Distribution Science
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• v.11 no.4
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• pp.23-35
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• 2013

Purpose - This paper attempts to identify the problems and limitations of a market maintenance project conducted according to the 「Special Act for the Development of Traditional Markets and Shopping Street」 and to present a revised direction for the special law and lay the groundwork for market maintenance projects to be promoted smoothly. Research design, data, and methodology - The revised direction for the legislation and the proposal were written based on an investigation of the problems and the legal system, and proposed measures for market maintenance operation and system improvements to derive the improvements needed for market maintenance projects. Results - A market maintenance project has been conducted as a means to reinvigorate traditional markets that are economically depressed, and to revive the local economy. It was largely conducted in the form of reconstruction and redevelopment and represents the interests of landowners and merchants. Thus, it is most likely to contribute to the gradual disappearance of traditional markets. First, as part of a market maintenance project, many companies are building multipurpose buildings or high-rise residential buildings to increase profits. In these high-rise buildings, they can raise rents, which may not be affordable for some existing small businesses. To solve such problems, the large-scale store registration requirement needs to be relaxed or abolished once the market maintenance project is completed. If the large-scale store registration requirement is to be abolished, the term 'large retail store' should be changed in the 「Special Act for the Development of Traditional Markets and Shopping Street」. After registration, the Small and Medium Business Administration should train merchants, offer consultations, and support events, to the extent that the existing traditional market management modernization project permits, and further continue to manage and support its ongoing activities. However, unless large-scale store registration is abolished, adding an exception clause in the special law to relax large-scale store registration criteria, and permitting changes to building use is another option. At the end of a market maintenance project, empty stores should be purchased by the Small and Medium Business Administration, and local government, etc., at the actual construction cost, to utilize them as public rental shopping areas, which in turn may be re-utilized as a temporary market for another market maintenance project. The second problem in market maintenance projects is merchant-protection. Currently, the special law prescribes that a temporary market be created for merchants to conduct business during the rental period of a market maintenance project. Conclusions - In reality, a market maintenance project is conducted usually in big metropolitan cities with 500,000 residents or more. The main building type created under these projects is a multipurpose building. For this reason, it is very difficult to secure a location for a temporary market in the surrounding area of such a project. To solve this problem, this study suggests 'public rental shopping areas' as mentioned above.

• Korean Security Journal
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• no.26
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• pp.59-87
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• 2011

Security Business Act of Korea is leaning toward the aspect of regulation, while it provides few provisions about vesting the authority, which causes problems such as legal loopholes to be raised in regard to the rules about authorizing the private security personnel to perform security affairs properly and defining the limit of power. So, it should be done to interpret the law in order to draw the legal basis of empowering as well as to set limits of the authority of security main agent, and Article 7, Section 1, of Security Business Act is the very provision that involves the legal basis. In the scope of 'Management Power', the statutory authority in the first clause of Article 7 of Security Business Act, the security personnel can use force for self-defense, defense of others and property, and prevention of crimes. In addition, the powers of interrogation, access control, and eviction notice are involved in its scope. The private security personnel as the occupation assistant can take precautions and if the infringement on the benefit and protection of the law is imminent or done, he or she can use force within the limits of the passive resistance and the means of defiance on the basis of 'Management Power'. The private security personnel, however, can exercise the force only if the necessary conditions of legal defense, emergency evacuation, and legitimate act of criminal law are fulfilled.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.211-237
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• 2014

Because of unpredictability and high possibility of abnormal results by clinical trials compared to general medical behaviors, a procedure for ensuring with sufficient explanations by investigators must be secured. Therefore, in a sequence of clinical trials, what kinds of scope, stage, and method of explanations provided by investigators, including doctors or researchers, to trial subjects are closely related to the compensation for damages by violation of liability for explanation. In case of application of clinical trials to patients who have critical illness such as cancer, issues of "Quality of Life" regarding trial subjects, cancer patients, should be discussed. Especially, in case of clinical trials for terminal cancer patients, the right of subjects' self-determination, which is a fundamental principle in medical behaviors, should be discussed. The right of self-determination includes participation in clinical trials for the possibility of life-sustaining even a little bit, or no participation in clinical trials in order to have a time for completing the rest of his life. Like this, if the extent and scope of explanations related to the issues of "Quality of Life" are raised as main issues, the evaluation of "Quality of Life", should be a prerequisite. In many occasions, realistically, despite bad results such as deaths or serious adverse drug reactions after clinical trials, it may not be easy for compensating to trial subjects or their survivors, who requested civil compensation for damage. Futhermore, in abnormal results after concealment of clinical trials or performance of clinical trials without permission, and in the case of trial subjects' failures of proving proximate cause between the clinical trials and abnormal results, problematic results such as no protection to the trial subjects could be occurred. In performing clinical trials, investigators should provide sufficient explanations for trial subjects and secure voluntary informed consents from the trial subjects. Therefore, clinical trials without trial subjects' permissions and the informed consent process violate trial subjects' rights of self-determination, and the investigators shall be liable for compensation for damages. Then, issues might be addressed are what are essential contents of patients' "rights of self-determination" infringed by clinical trials without subjects' permissions. Two perspectives about patients' rights of self-determination might be considered. One perspective regards physical distress of patients (subjects) from therapies without sufficient explanations as the crux of the matter. The other perspective regards infringement of human dignity caused by being subjects without permission as the crux of the matter irrespective of risks' big and small influences. This research follows perspective of the latter. Forming constant fiduciary relation between investigators (doctors) and subjects (patients) pursuant medical contracts, and in accordance with this fiduciary relation, subjects, who are patients, have expectations of explanations and treatments by the best ways. If doctors and patients set this forth as a premise, doctors should assume civil liability when doctors infringe patients' expectations.

• The Journal of the Korea Contents Association
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• v.12 no.7
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• pp.65-75
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• 2012

Throughout the agraian society, industrial society, information society, and the knowledge-based society, the word father has become the representation of the law, oder, control, protection, and discipline. This study, with traditional fairy tale "Le petit chaperon rouge", aim to analyze the child readers a notion familly around 'me' and conceiving the father as the unit of the institution; also, in the Korean film , cinema audiences feeling keenly the necessity of the conventional family values and looking for the poster of principal agent of law and order. Generally the father is protector of 'me' and simutaneously, is incorporal being; even if he is inessential, he has, only by the name, great influence with people(law, order, control, discipline, are operating only with the name as the father God does). Our study will show how the signifier father operates and what similarity is between the film and the traditional fairy tale. A father is recognized as a tyrant or criminal, but a man is always realized to undertake a duty of resisting unjust powers and protecting nonperson. Those opposing structures was well represented in epic works such as"Le petit chaperon rouge" and . The father described in children's tale appeared as a symbol of desire and oppression, therefore youngster readers realized around 'Me' the concept of family through the absence of a father and received the father as a unit in the system. A father in a film has been described as a protector of nonperson, and a main part in the institution and order of traditional family. In both genre, the psychological signifiant of father still has been shown based on the symbol of father as a social institution.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.373-401
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• 2015

The UAV(Unmanned Aerial Vehicle, Drone) technology has been undergoing rapid progress, accompanied with a growth in the market. However, domestic industry standards and technology lag behind such progress happening on the international scene, and in particular in developed countries. Related regulations are also deemed lacking to address the issues that arise with such developments. Meanwhile, as the rise of UAV technology is a fairly recent phenomenon, the gap between Korea and developed countries is not too big. As this technology has high relevance to information and communication technologies, it also offers ample leeway for Korea to catch up in the field of UAV. As such, this paper seeks to provide a survey of the overall technology, market and regulations concerning UAV to identify possible measures on how to address any issues that may arise through proper policies. Due to the progress made in the field of UAV technology and increased penetration rate, striking a right balance between putting in place a proper regulatory system and establishing policies that foster growth in the field has risen as a very important issue. While the importance of establishing a legal system that helps prevent possible risks is indeed important, it must also be acknowledged that excessive regulation can also hinder technological progress. This, in turn would stagnate the market and dampen the entrepreneurial spirit in the society. In the case of new, practical technologies such as UAV, a prompt establishment of regulatory systems and policy measures in terms of policies is a requisite. In brief, in order to promote progress in the UAV industry and at the same time, for public safety and the protection of privacy, there should be an appropriate level on the easing and tightening of the regulation.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.16 no.2
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• pp.71-85
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• 2016

The purpose of this research is to study technical and policy improvements of carrier billing services, which are a developing and growing industry, by adopting a meta-analysis method. Implications were derived from studying 15 years-worth of academic research papers (from 2001 to 2015), by analyzing the trends over a total of 109 such research papers on carrier billing services. First, looking at the characteristics of the main studies of the papers from 2008 to 2009, it papers appeared that dealt with preventing fraudulent transactions and preserving consumer protection. Privacy, policy proposals and studies for new systems were researched from 2010-2012. Service, success factors, damage prevention systems research, law, and institutions were discussed in 2013-2015 mainly. Second, the research showed that the number of carrier billing service studies increased due to social issues(telecommunications billing services deregulation, the emergence smartphones, fraud). Third, in sectorial research results, technology was the focus area of 47 papers (43.1%), the service sector was the focus of 39 pieces (35.8%) and law and policy improvement accounted for 23 pieces (21.1%). The study of technology and service areas was the most active and according to changes in the environment, law and policy improvement were second to most active. This study will contribute to improving relevant institutions and research directions about study trends in carrier billing services.

• Journal of the Korea Society of Computer and Information
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• v.21 no.6
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• pp.97-106
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• 2016

This study tries to seek the is the realistic improvements and legislative measures about current medical advertising which was in the Court on 12 May 2015 by presenting and discussion the understanding, problems and its alternative direction of pre-deliberation on the existing law which is the decision on the constitutionality of health care advertising regulated health care advertising General commercial advertising has the right which have to be protected as the terms of the protection of know and freedom of expression and advertiser's there are sure to be in a value to be protected. Medical advertising is also a person in addition to the absolute value that includes both Due to the particularity of medical advertising in terms of life and the right to health Until now, this has been the target of strong regulations are changing the policy of gradual deregulation in our country, including the country. Medical advertising on the current medical law had been to be checked by pre-deliberation of the executive power. However, due to unconstitutional, in the circumstances which a false hype is flooding and increasing, it has been realized that the fair competition of medical community, life and health rights of the people are threatened by in reverse. In this regard, the abolition of the pre-deliberation system of medical advertising can be welcomed by abolition of the old system which is the legal and institutional censorship. Since its abolition, the alternative policy direction is insufficient also it is not clear. Therefore we need to study this. Therefore, in this paper, we try to find general theoretical background and problem of pre-deliberation system of medical advertising. Also, as trying to find feasibility or ambiguity of regulation and issues about medical advertising on medical law, we argued the provision of special measures of the medical advertising for introduction of integrated medical advertising deliberation committee which can ensure the independence and autonomy, strengthening of the monitoring on the internet advertising, legal resolving through amendments, strengthening of penalties, and establish special measures of medical advertising for the medical privatization and demand for the foreign medical tourist, etc. Empirical study about practical regulatory measures of medical advertising which converged the various opinions of consumer groups, government and academia, and medical community, and we expect hope to see the more realistic alternative provision.