• Journal of Arbitration Studies
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• v.24 no.2
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• pp.161-181
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• 2014

This thesis, which mainly focuses on the characteristics of the Chinese arbitration system, will mainly deal with three characteristics and analyze the causes that directly or indirectly influence them. The first characteristic is China does not recognize ad hoc arbitration. Ad hoc arbitration is the initial form of arbitration, and it occupies an important position in many countries; however, China's judicial system does not recognize it. There are many disadvantages for building a system of ad hoc arbitration in China; i. e., the arbitration system in China is undeveloped and shot-time established, and it lacks social and civil society basis, along with a credit system, which the Western ad hoc arbitration relies on. The second characteristic is the existence of excessive judicial supervision and control over arbitration in China. Judicial supervision over arbitration has been the customary practice in each country of the modern world, but sharp variation exists in the legal stipulations and the courts' attitude toward the standard to be applied in the supervision over arbitration. In China, there has always been a controversy over judicial supervision, and the standards applied in the supervision over arbitration by courts in different regions are less than identical. The last characteristic is the existence of a combination of mediation with arbitration, which is called Arb-Med in China. Such means that in the process of arbitration, the arbitrator may conduct mediation proceedings for the case it is handling if both parties agree to do so. Under the Chinese law, Arb-Med may lead to a binding and enforceable outcome. However, it has several legal disadvantages and almost no country adopts this system. China still insists that this system will go on because Arb-Med was first made in China, and its effect was proven through long-time practice in CIETAC.

• Clinical and Experimental Pediatrics
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• v.52 no.8
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• pp.843-850
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• 2009

A recent High Court's decision regarding the withdrawal of life supporting medical treatment (artificial ventilator) from an elderly female patient in the terminal stage has opened up a new era of the "euthanasia dispute" in Korea. With this decision, the legitimate withdrawal of life supporting treatment became possible under certain conditions and the Korean Medical Association is working toward the establishment of practical guidelines for the terminal-stage patients. However, there are still very few debates on the cases of pediatric patients in the terminal stage or suffering from fatal diseases. For pediatric patients, the core principle of autonomy and following procedure of "advance directives" are hardly kept due to the immaturity of the patients themselves. Decisions for their lives usually are in the hands of the parents, which may often bring out tragic disputes around "child abuse", especially in Korea where parents have exclusive control of the destiny of their children. Some developed countries such as the U.S.A., the U.K. and Canada have already established guidelines or a legal framework for ensuring the rights of the healthcare system regarding children suffering from severe illness, permitting the withdrawal of Life supporting medical treatment (LSMT) in very specific conditions when the quality of life of the children is severely threatened. For the protection of the welfare and interest of the children, we should discuss this issue and develop guidelines for the daily practice of pediatricians.

• Journal of National Security and Military Science
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• s.5
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• pp.131-172
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• 2007

Government duties in the cases of crisis are aimed at supporting efficient military operations in the fields of non-military affairs and resource mobilization, maintenance of government functions, and search for the public security of living during the war. In crisis, the government must change its functions into the total-war system with all resources available for the efficient performance of military operations, war economy, public safety and security as well as government continuance. The main contents of "Chung-Mu Plan" include the alternative measures to control the circulation of life necessities, emergency electricity, water and gas; recover public facilities from the disaster; and accommodate the wounded and refugees. Governments have practiced Ul-chi and ChungMoo exercises to improve government's management capabilities and master standard operating procedures including systematic distribution plans in the national and local level. However, such plans have not yet sufficient enough for the maintenance of public security of living. In addition to the conceptual ambiguity, major problems are the inappropriate system of the war economy, legal institutions, and administrative SOPs for the efficient maintenance of it. Thus, for the betterment of national crisis management system, the government should have the manual stated from every step and level dealing with crisis to the legal institutions. It is important to empower the National Emergency Planning Commission for the policy consistency and efficient/effective implementation. The comprehensive plans must have an integrated cooperative system of the central/local governments, military and civil society with actual practices and exercises for the maintenance of the public security of living.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.11-74
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• 2010

This article analyzes legal meaning and definition of medical practice examining Korean Supreme Court cases. Until now, there is no right answer about the meaning of medical practice and it is also hard to define of it. Moreover, not only Acts and regulations containing medical practice but also many cases ruling a person who practice medicine, the concept of medical practice involves various meanings. So, it has caused confusion. In order to solve this problem, this article divides the medical practice's meaning into range and nature within prohibition article of the Medical Act about unlicensed personnel who practice medicine. After providing a explanation of the meaning of medical practice according to amendment of the Act, this article disputes the meanings of the several cases following the amendment. And then analyzing non-medical person's unlicensed medical practice and medical person's unlicensed medical practice. In order to provide more accurate legal concept of medical practice when Korean government amends the Medical Act or making policies in this field, this classifying analysis approach should be needed. Looking at the result, in general, Korean Supreme Court has interpreted unlicensed prohibition clause of the Medical Act widely; not only non-medical person's unlicensed medical practice but also medical person's unlicensed medical practice. Therefore, this article suggests that the prohibition clause needs to be careful applying to non-medical practice. Because, in fact, even though there are some necessity of non-medical practice, there are no qualificatory or license system of non-medical practitioner in the Medical Acts or regulations forbidding whole non-medical practices. Furthermore, the Supreme Court has decided medical person's unlicensed medical practice too narrowly, thus it does not keep up with rapid change of medical development and people's demands these days. Regarding this subject, in order to take advantage of medical practitioners effectively and cope with increasing people's medical demands, this article proposes that medical person's unlicensed medical practice only to be prohibited in case of endangering our public health.

• Journal of Fisheries and Marine Sciences Education
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• v.10 no.2
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• pp.162-183
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• 1998

The fisheries resources control system in the Fisheries Act of Korea is introducing technical management method and input control method that controls fishing effort. Fishing effort control system of Korea aiming at realizing the maximum sustainable yield does not regulating the limitation of fishing quota and the limitation of fisheries object target fish. Therefore fishing operators who have fishing permit can use fishery resources without any restriction of fishing quota. But there are no rules that can controlling capacity of productivity of fishing by developing of fishing technic and fishing gear. For those reasons, productivity of fishing is superior to reproductivity of fisheries resources. Therefore, the Fisheries Act of Korea rearranges a legal basis for an introduction of fisheries resources management system by TAC, but the contents to be possible for a legal guarantee is not included and it is exceedingly defective as abstract and institutional devices. And that the affairs to be required for an enforcement of the said regime was placed in an administrative mandatory legislation and the danger to be degenerated is high in accordance with the bureaucratic self-righteous and/or the coercion of group's interest concerned and accordingly its substitute legislation system is keenly required. TAC system that is going to be introduced in our country is expected to enforce the Olympic fishing method and the individual quota method in parallel. This method is not certainly proper, because it occurs to overcapitalize and to compete fishing amounts between fishery operators. So as to prevent overcapitalization and fishing competition between fishery operators, and the exhaustion of coastal fisheries resources, individual transferable quota system should be introduced in Korean sea. Accordingly this thesis has attempted to constitute a view to improving problems of the traditional fisheries resources control system and introducing TAC fisheries resources control system.

• Journal of the Korean Society of Safety
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• v.21 no.5 s.77
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• pp.92-102
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• 2006

The Honorary Industrial Safety Inspector System, which is with the object of establishment of an autonomic and collaborative industrial accident prevent system, comes into force on 1995 through the administration provision of the Ministry of Labor, one year after it had legal basis. The purpose of this study is to put forward revitalization of the Honorary Industrial Safety Inspector System by using the survey(2005.05) of the Honorary Industrial Safety Inspector in the manufacturing industry. It can be summarized to develop the system as the following: 1) Obligation to the appointment of the Honorary Industrial Safety Inspector and the Extension to be appointed workplace, 2) Cooperation of the Safety/Health Manager with the Honorary Industrial Safety Inspector, 3) Grant the Honorary Industrial Safety Inspector to make the round of the workplaces for the providing guidance to workers, 4) Employers' fulfillment of the Honorary Industrial Safety Inspector's recommendations, 5) Guarantee the Honorary Industrial Safety Inspector instructions and its hours.

• Analyses & Alternatives
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• v.2 no.1
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• pp.31-69
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• 2018

This study examines the role of science in resolving trade disputes. After the Great East Japan Earthquake of 11 March 2011 that not only jeopardized the people of Japan, but also put the safety of an entire region at risk, the Republic of Korea (Korea) has imposed import bans as well as increased testing and certification requirements for radioactive material on Japanese food products. Japan has challenged these restrictions at the World Trade Organizations Dispute Settlement Body (DSB). This study aims to explain how international trade agreements and previous DSB rulings have dealt with different scientific viewpoints provided by confronting parties. In doing so, it will contrast the viewpoints espoused by Korean and Japanese representatives, and then analyzes the most similar case studies previously ruled on by the DSB, including the case of beef hormones and the case of genetically modified crops including biotech corn, both between the United States and the European Communities (EC). This study finds that science is largely subordinate to national interests in the case of state decision-making within the dispute settlement processes, and science has largely been relegated to a supportive role. Due to the ambiguity and lack of truly decisive decisions in the Appellate Body in science-based trade disputes, this study concludes that the Appellate Body avoids taking a firm scientific position in cases where science is still inconclusive in any capacity. Due to the panel's unwillingness to establish expert review boards as it has the power to do, instead favoring an individual-based system so that all viewpoints can be heard, it has also developed a system with its own unique weaknesses. Similar to any court of law in which each opposing party defends its own interests, each side brings whatever scientific evidence it can to defend its position, incentivizing them to disregard scientific conclusions unfavorable to their position. With so many questions that can arise, combined with the problems of evolving science, questions of risk, and social concerns in democratic society, it is no wonder that the panel views scientific information provided by the experts as secondary to the legal and procedural issues. Despite being ruled against the EC on legal issues in two previous cases, the EC essentially won both times because the panel did not address whether its science was correct or not. This failure to conclusively resolve a debate over whose science is more scientific enabled the EC to simply fix the procedural issues, while continuing to enforce trade restrictions based on their scientific evidence. Based on the analysis of the two cases of disputes, Korea may also find itself guilty of imposing an unwarranted moratorium on Japan's fish exports, only to subsequently pass new restrictions on labelling and certification requirements because Japan may have much scientific evidence at its disposal. However, Korea might be able to create enough uncertainty in the panel to force them to rule exclusively on the legal issues of the case. This will then equip Korea, like the EC in the past, with a way of working around the ruling, by changing whatever legal procedure they need to while maintaining some, if not most, of its restrictions when the panel fails to address its case on scientific grounds.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.87-123
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• 1989

The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.123-158
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• 2011

The Korea health care system has been divided into Western and Oriental (Korea traditional) medicine since 1951. In accordance with dualistic medical system, there are many conflict cases between medical doctors and oriental medical doctors. Meanwhile, there were much discussions about the meaning and criteria of medical malpractice(negligence). Especially, many cases have been built up about the criteria of medical malpractice through lawsuits. But, comparatively, there's few the medical malpractice case of the oriental medical doctors. According to a recent ruling of the Supreme Court, the legal principles of medical doctor's malpractice case are equally applied to the criteria of the oriental medical doctor's malpractice case. But there are much considerations in addition to these principles for the dualistic medical system and academic distinctiveness. This study is intended to review the dualistic medical system, the criterion of medical malpractice, and analysis this issues. To make long story short, under our dualistic medical system, judging the medical and oriental malpractice should be considered relatively. However, it makes sense that we want medical doctor or oriental medical doctor to demand the reinforced negligence to restrict the unnecessary discretion. If there is lack of evidence-based medicine or the rationality suspected, the health care providers must give enough proof.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.6 no.9
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• pp.97-110
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• 1983

As the economic society develops very exceedingly, the gap of production and consumption elarges gradually. So the current function to connect them and the function to communicate are needed. I think the advertisement take the charge of this role. This advertisement is so essential to today's economic society that its power influences variably both the economic society and the consumers. The enterprisers, advertising owners stick to the maximization of profits and neglect the principle of true advertisements. They but tise not the information for the consumers to choose reasonably but the false, exaggerating advertisement and unfair manifestation very frequently, which is the main trouble in the current problems of consumption. Therefore, on the one hand, in this study from protecting the consumers not to be involved in the false, exaggerating advertisements, the establishment of advertising ethics as advertising owner's self-control is discussed. On the other hand, the legal control regulation in Korea, involving Japan and U.S.A. are analyzed. The cases of false, exaggerating advertisements and unfair manifestation in Korea are also demonstrated. Finally, the proposals to improve the advertisements are made from the Point of government, enterprisers, and consumers.