• Journal of the Daesoon Academy of Sciences
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• v.37
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• pp.229-262
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• 2021

The debate on the treatment of animals has accelerated as a social issue in the West since the 1970s. In 1975, Peter Singers argued in his book, Animal Liberation, that speciesism should be banned. This led to an explosion in research on animal welfare in the philosophical and social sciences. Following Singer, Tom Regan suggested considering the animal rights as being on the same level as human rights. Their arguments were that animals should be imbued with some intrinsic weight sufficient enough to remind humans of their social responsibility to animals at least to a certain degree. In this regard, social responsibility for animal welfare as well as animal rights has formed an axis that organizes human morality in modern society. Such arguments regarding animal welfare can be perceived as an active and creative effort which accords with the free will of human beings who in Daesoon Thought are understood as facing the era of human nobility. This argumentation also aligns with the doctrine of grievance-resolution for mutual beneficence as a practical creed due to the way in which modern bioethics implies that animal welfare could become a practical communal morality integrated into legal systems prior to adoption as a system of individual morality. From within this context, this study discusses the nature and limits of modern animal welfare and animal rights from the perspective of the grievance-resolution which Kang Jeungsan promised to animals.

• The Southeast Asian review
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• v.20 no.2
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• pp.135-178
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• 2010

This study is to seek alternatives for regional governance related to transnational labor migration issues in Southeast Asia. This study examined the present situation and trends of labor migration in the region, reviewed involved transnational issues, and identified the current issues of governance to seek alternatives for regional governance. The increase in cross-border labor migration is no doubt a sign of growth and dynamism of the region and greater integration of their economies. But it also poses complex policy and management issues as well as transnational issues over such as unequal economic profits, illegal migration, human rights, and social security issues. In this reality, regional governance is a very important theme and the efforts to manage their migration inherently involve fundamental conflict and tension between related countries and regions. However, politics and governance of transnational migrant workers in Southeast Asia are still pursued at the national level. To resolve these issues, it is urgently required to secure not only collaboration between the parties concerned but also governance at the regional level. Findings of this study are: First, although labor migration has been a relatively long-time transnational issue, the history of addressing the issue at the regional governance is very short and still inceptive. Second, given its size, labor migration in Southeast Asia requires effective regional governance but no breakthrough was possible due to the conflict of interests between origin and destination countries and the conflict of logic between the labor market and the state. Third, the issue of labor migration is an important element for the formation of economic and socio-cultural communities the ASEAN countries have pursued. Fourth, it is urgently needed to seek alternatives for good and effective regional governance as a key to resolving these issues over migrant workers in Southeast Asia.

• Journal of Families and Better Life
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• v.15 no.1
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• pp.41-52
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• 1997

This paper explored the public issue on housework analyzed the policy and the law associated housework and developed the theorical model for its political program. This idea is dependent that the policy has priority over change of the social ideology. That policy contains a campaign and a education to be aimed to share of housework in order to make responsibility of men as well as women on family and work. Also it contains economic value estimates to quantify and value the non-wage work(childcaring homemaking etc.) in order to confirm its productive activity. It would assume the lawful form as like a social security or a pension. For example the Family Rights Law Tax Law and Social Security Act have to be reflected on the value of housework and to be secured the social status of provider. After all this work was useful to improve a wage and a social status of all women. As consistent policy and operation associated housework are poor in Korea it is difficult to develop theoric l model on this theme. On the range a political proposal on housework would be bound by family policy(evaluation of housework) and women's labor policy(housework support). So the policy intend to secure a family life to improve welfare of women and to equilibrate the family and the work.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.5
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• pp.1-7
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• 2020

This paper investigates the determinants on decision to conduct seasoned equity offerings (SEOs) of listed companies on the Ho Chi Minh Stock Exchange in Vietnam. Seasoned equity offerings (SEOs) are defined as the issue of more stocks by a firm to raise more capital after a primary issue. Using panel data collected from audited financial statements of 99 listed companies on the Ho Chi Minh Stock Exchange during 2014-2018, the study employs a logit regression model by fixed effects method to examine factors that affect the decision to implement seasoned equity offerings of those companies. The findings of this study show that profit, revenue growth and company's size have a positively significant impact on the decision, while dividend pay-out ratio negatively significantly influences the equity issuing decision. Furthermore, these results are robust after controlling for the forms of equity offerings, i.e. bonus stocks, stock dividends and rights to buy shares. These findings are consistent with economic theories such as agency theory, pecking order theory, and growth opportunity theory, and also could be explained by the real situations of the Vietnamese stock exchange. This study has important implications for corporate managers, policy makers and investors.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.11-34
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• 2014

Promulgation of the medical practice rule without specific definition in Medical Law has brought about many constitutional issues. The major issue is that the law has the government punish unlicensed medical practice without defining what it is. Instead, the law chooses a license-centered structure of criminal punishment for medical malpractice, saying "no one can practice medicine without the government-approved license." This regulation violates the rule of "void for vagueness" based on the principle of "nulla poena nullum crimen sine lege." Judicial interpretation should be required for a citizen to understand the Medical Law provision intuitively. In addition, the law infringes upon the freedom of occupation of the unlicensed and the licensed who wish to extend his or her practice area for "holistic medicine." The central issue of the law is that it was established under no ground of professionalism even though medical practice has been understood professional. The government has centrally controlled the medical field for its needs. Lastly, the current law violates the right of medical selection of the consumers of medicine. Because patients have the right of health and life, they have to hold the latitude of selection for medical treatments. Especially, they should have an opportunity for considering the Complementary and Alternative Medicine if they want. But under the current rules, this medicine is not permitted. To correct those problems, a new provision for the definition of medical practice should be adopted at once.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.309-341
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• 2009

According to a case of Supreme Court's Sentence No. 2009DA17417 (May 21, 2009), the Supreme Court judges that 'the right to life is the ultimate one of basic human rights stipulated in the Constitution, so it is required to very limitedly and conservatively determine whether to discontinue any medical practice on which patient's life depends directly.' In addition, the Supreme Court admits that 'only if a patient who comes to a fatal phase before death due to attack of any irreversible disease may execute his or her right of self-determination based on human respect and values and human right to pursue happiness, it is permissible to discontinue life-sustaining treatment for him or her, unless there is any special circumstance.' Furthermore, the Supreme Court finds that 'if a patient who is attacked by any irreversible disease informs medical personnel of his or her intention to agree on the refusal or discontinuance of life-sustaining treatment in advance of his or her potential irreversible loss of consciousness, it is justifiable that he or she already executes the right of self-determination according to prior medical instructions, unless there is any special circumstance where it is reasonably concluded that his or her physician is changed after prior medical instructions for him or her.' The Supreme Court also finds that 'if a patient remains at irreversible loss of consciousness without any prior medical instruction, he or she cannot express his or her intentions at all, so it is rational and complying with social norms to admit possibility of estimating his or her own intentions on withdrawal of life-sustaining treatment, provided that such a withdrawal of life-sustaining treatment meets his or her interests in view of his or her usual sense of values or beliefs and it is reasonably concluded that he or she could likely choose to discontinue life-sustaining treatment, even if he or she were given any chance to execute his or her right of self-determination.' This judgment is very significant in a sense that it suggests the reasonable orientation of solutions for issues posed concerning withdrawal of meaningless life-sustaining medical efforts. The issues concerning removal of medical instruments for meaningless life-sustaining treatment and discontinuance of such treatment in regard to medical treatment for terminal cases don't seem to be so much big deal when a patient has clear consciousness enough to express his or her intentions, but it counts that there is any issue regarding a patient who comes to irreversible loss of consciousness and cannot express his or her intentions. Therefore, it is required to develop an institutional instrument that allows relevant authority to estimate the scope of physician's medical duties for terminal patients as well as a patient's intentions to withdraw any meaningless treatment during his or her terminal phase involving loss of consciousness. However, Korean judicial authority has yet to clarify detailed cases where it is permissible to discontinue any life-sustaining treatment for a patient in accordance with his or her right of self-determination. In this context, it is inevitable and challenging to make better legislation to improve relevant systems concerning withdrawal of life-sustaining treatment. The State must assure the human basic rights for its citizens and needs to prepare a system to assure such basic rights through legislative efforts. In this sense, simply entrusting physician, patient or his or her family with any critical issue like the withdrawal of meaningless life-sustaining treatment, even without any reasonable standard established for such entrustment, means the neglect of official duties by the State. Nevertheless, this issue is not a matter that can be resolved simply by legislative efforts. In order for our society to accept judicial system for withdrawal of life-sustaining treatment, it is important to form a social consensus about this issue and also make proactive discussions on it from a variety of standpoints.

• International Commerce and Information Review
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• v.16 no.4
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• pp.79-102
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• 2014

A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.87-108
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• 2014

Recent examples of abuse by black consumers (including air travellers) against emotional laborers have become a serious social issue in Korea in that they are likely to violate human rights of those laborers. Emotional labor is a form of emotion regulation that creates a publicly visible facial and bodily display, and also emotional management within the workforce that creates a situation in which the emotion management by workers can be exchanged in the marketplace. Example professions that require emotional labor are: nurses, doctors, waiting staff, and television actors. However, as the economy moves from a manufacturing to a service-based economy, many more workers in a variety of occupational fields are expected to manage their emotions according to employer demands when compared to the past. One of symptoms deriving from emotional labor is smile mask syndrome abbreviated SMS, which is a psychological disorder proposed by professor Makoto Natsume where subjects develop depression and physical illness as a result of prolonged, unnatural smiling. And higher degree of using emotion regulation on the job is related to higher levels of employees' emotional exhaustion, and lower levels of employees' job satisfaction. In most part, emotional laborers are more abused and hurt by so called black consumers who are raising complaints relating to products and services purchased against service providers for the purpose of maliciously getting compensation. Against this background, the Korean Government abolished "the Consumer Protection Act" and instead promulgated "the Basic Consumer Act" in September 2006 which stipulates that consumers are expected to have protection as well as responsibility and duty. The Aviation Security Act cites the examples of prohibited behaviors (unruly passengers) while they are travelling. In addition, human rights of emotional laborers could be more protected by the enhancement of etiquettes and cavalry and improvement of culture and working environment.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.151-171
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• 2010

This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.59-87
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• 2001

In recent years electronic fund transfers covered by the Electronic Fund Transfer Act 1978 for consumer protection and the Article 4A of Uniform Commercial Code(U.C.C.) 1989 for wholesale electronic payments in United States. Electronic fund transfers carried out by use of a wire transfer network, automated clearing house, or other communication system of a clearing house or other association of banks such as direct deposit, Fedwire, automated teller machine, point-of-sale, and credit card transactions have been increasingly common in consumer transactions and wholesale transactions. Especially, the Article 4A of U.C.C. governs the rights and obligations associated with transactions such as an issue and acceptance of payment order, execution of sender's payment order by receiving bank, and payment. These legal frameworks in connection with electronic fund transfers in United States can play a leading role in establishing model not only within the United States, but also as a basis for developments of electronic commerce law in Korea including other countries.