• Journal of the Korea Society of Computer and Information
• /
• v.18 no.12
• /
• pp.167-177
• /
• 2013

Recently, desires for diversification of medical treatment throughout our society have been enhanced. It is thought that such a trend may be directly related to the introduction of 'alternative medicine'. This study is to establish the foundation of legalization of alternative medicine, starting with the movement for legalization of alternative medicine from constitutionality decision of medical law by the legal Information Constitutional Court. It also suggested the direction of discussion with issue of how to introduce alternative medicine beyond the stage of basic discussion, 'why' we must introduce alternative medicine, through profound investigation of preceding studies. In addition, the present study analyzed legal controversies from the appearance of alternative medicine based on the decisions of the Constitutional Court and the precedents of the Supreme Court and drew the prerequisites for the institutionalization of alternative medical treatments. It also reestablished terms of alternative medicine which have been indiscreetly used, presented methods for officialization of alternative medicine and compared and analyzed advantages and disadvantages of the methods.

• Korean journal of communication and information
• /
• v.38
• /
• pp.211-244
• /
• 2007

Article 17 and 18 of the Korean Constitution respectively prescribe the violation of individual's right to privacy and the secrecy of wire communication. Meanwhile, Article 20 of the Criminal Code provides that an act which is conducted within the ambit of laws or pursuant to accepted business practices or which does not violate the social norms shall not be punishable. In 1999, the Constitutional Court held that media reports on public matters of public figures must be given strong constitutional protection, and treated differently from reports on private matters of private figures. In accordance with the decision, the Supreme Court has expanded the scope of constitutional guarantee of freedom of expression since 2002. This study analyzes the issue of media liability for publication of illegally intercepted wire communication by a third person. Particularly, it reviews Seoul High Court's ruling on 'X-file scandal' which disclosed intercepted wire communications between notable public figures regarding a slush fund for a presidential candidate. In the light of this analysis, the study concludes that the media reporting of the intercepted communication does not violate social norms of Article 20, and therefore it is entitled to a constitutional privilege.

• The Journal of Asian Finance, Economics and Business
• /
• v.8 no.2
• /
• pp.595-604
• /
• 2021

For civil servants in the legal sector, the best performance that must be shown is not how they carry out activities following standard operational procedures but what is more important is how they show Organizational Citizenship Behavior (OCB) in daily activities. This study aims to examine what factors influence the formation of OCB civil servants in the legal sector in Indonesia. The study was conducted on 145 civil servant respondents who were involved in secretarial activities, each from the Judicial Commission Secretariat, the Attorney General's Office, the Ministry of Justice, the Supreme Court, the Police Headquarters, and the Constitutional Court. The research methodology used Partial Least Square (PLS) Version 3.0. The empirical findings of the research show that organizational culture has a significant influence in shaping transformational leadership that can build OCB among civil servants in Indonesia. This effect is much larger and more significant than the compensation system, which is widely believed to be the main factor in forming OCB, such as the results of previous studies. The results of this study imply that the formation of an organizational culture with values that can create high work productivity which has an impact on transformational leadership styles in building OCB.

• The Korean Society of Law and Medicine
• /
• v.14 no.1
• /
• pp.275-302
• /
• 2013

The Unites States has been plagued with soaring health care costs and an alarmingly large number of uninsured population. The Patient Protection and Affordable Care Act of 2010 ushered in the most sweeping health care reform in the United States since the introduction of Medicare and Medicaid in 1965 to address these issues. The law's requirement for individuals to purchase health insurance (the so-called "individual mandate"), however, not only caused a political stir but also prompted constitutional challenges. Some questioned whether the federal government, lacking general police power, could require its citizens to buy unwanted insurance based on its enumerated powers under the U.S. Constitution. This paper summarizes the decision of the U.S. Supreme Court on the constitutionality of individual mandate, and explores how the decision relates to Korea's own universal health care.

• Korea Trade Review
• /
• v.46 no.3
• /
• pp.185-201
• /
• 2021

This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

• Journal of the Korean Society of Physical Medicine
• /
• v.13 no.2
• /
• pp.147-156
• /
• 2018

PURPOSE: The law pertaining to medical service technologists does not discuss the scope and limits of doctors' guidelines. My paper aims to discuss these topics. METHODS: This study was based on a review of literature and an analysis of judicial precedents. RESULTS: Physical therapists have often noted the need for independent practitioners in their articles on health care. Their continued discussions on professional and educational differences have centered round this issue, but their ideas have not been accepted. Practitioners have continued to interpret doctors' guidelines in hospitals without discussing their scope. However, the Supreme Court presented a meaningful decision outlining the conceptual limits and the scope of medical practice. The court suggested, basing its interpretation in the goal of clarifying the concept of medical activities smoothly, was to follow a specific judgment on the levels of education, testing, and professionalism. CONCLUSION: The role of physical therapists is expanding in this country, in order to meet the needs of the ultra-aged society. Education is already responding to rising training needs. By dividing the doctors' guidelines into indirect and direct types, if there's no medical risk near or around the health center or hospital, it is a good idea to allow the management of physical therapy partially, while understanding the scope and limitations of these guidelines clearly. A teleological interpretation of the law is especially relevant, and can be implemented immediately by the authoritative interpretation on part of the health authorities without any legal amendments.

• Korean journal of communication and information
• /
• v.34
• /
• pp.161-195
• /
• 2006

Standing to sue has become one of the most important and controversial issues in suits between the press and the victims injured by the press reports. Even thought Korean law was patterned after the European legal system, there is no denying that the Korean Constitution was influenced by that of the United States. The judicial system was also influenced by its counterpart in the United States. The doctrine of standing to sue has plagued the U.S. Supreme Court for several decades. The traditional test of standing in the federal courts was, at the beginning of the century, whether the interest asserted by the plaintiff amounted to a 'legal right', entitled to the protection of the common law. In recent years, the Supreme Court seems to have settled on a two-tiered method for determining whether a plaintiff has standing to sue in federal court. The first level of inquiry is the constitutional core, and the second is the judicially imposed prudential limitations. The purpose of this study is to find out the doctrine of standing in the legal proceedings caused by the press reports. The press needs to internally transform as well to prevent legal dispute, enforcing confirmation when collecting news materials and building up the device for pre-examining the news. The press is also requested to help sincerely the victim recover, realizing that they waste their reputation and credit not to mention a lot of time and monet during the legal dispute.

• The Korean Society of Law and Medicine
• /
• v.21 no.3
• /
• pp.3-33
• /
• 2020

Telemedicine can be defined as "medical activities performed remotely by medical personnel using information and communication technology." So far, many scholars in Korea have understood that only telemedicine between medical personnel is allowed and telemedicine between medical personnel and patients is prohibited based on Article 34 of Medical Service Act. However, Article 34 is only a restriction on the performing place of medical profession, not a prohibition on telemedicine itself. And, there are no regulations prohibiting telemedicine under the korean medical law. So, it is difficult to say that telemedicine is generally prohibited under the korean medical law, apart from the health insurance medical treatment benefit standards. However, there is controversy in interpretation regarding the meaning of "direct diagnosis" in Articles 17 and 17-2 of Medical Service Act. The Constitutional Court of Korea interpreted this as "face-to-face diagnosis", while the Supreme Court of Korea interpreted it as "self diagnosis". In light of the dictionary meaning of 'direct' and the interpretation of related medical law regulations, I think the Supreme Court's interpretation is valid. Although "direct diagnosis" does not mean "face-to-face diagnosis", the concept of "diagnosis" implies "principle of face-to-face diagnosis". In addition, "non-face-to-face diagnosis" are only allowed to supplement "face-to-face diagnosis", so the problems caused by "non-face-to-face diagnosis" can be fully overcome. In the end, the limit of telemedicine is how faithful the diagnosis was.

• Proceedings of the Korea Contents Association Conference
• /
• 2009.05a
• /
• pp.559-566
• /
• 2009

The Capital punishment is a sentence which imposes the defendant to be put to death for his crime, thus depriving him/her of life and it's the heaviest punishment of all. It is a very sensitive issue in the sense that it denies a person's life and dignity. It is also an on-going issue which continues to cause political and ethical controversies. Although there is no direct stipulation acknowledging capital punishment in the constitution, there is controversy on the existence of indirect basis. The Art. 12. I. can not be regarded as an indirect provision if it is interpreted to have criminal punishments stipulated by written law. As the supreme Court and the Constitution Court are supporting the capital punishment which seems unconstitutional, legislative examination is inevitable. Considering the fact that the Constitution is neither for nor against the death penalty positively, it is possible to abolish it by enactment of a law and thus, constitutional amendment would not be needed.

• Journal of the Korea Institute of Information Security & Cryptology
• /
• v.32 no.4
• /
• pp.723-736
• /
• 2022

Steganography is being used as a means of secret communication for crimes that threaten national security such as terrorism and espionage. With the development of computers, steganography technologies develop and criminals produce and use their own programs. However, the research for steganography is not active because detailed information on national security cases is not disclosed. The development of investigation technologies and the responses of criminal law are insufficient. Therefore, in this paper, the detection and decoding process was examined for steganography investigation, and the method was analyzed for 'the spy case of Pastor Kim', who was convicted by the Supreme Court. Multiple security devices were prepared using symmetric steganography using the pre-promised stego key. Furthermore, the three criminal legal issues: (1) the relevance issue, (2) the right to participate, and (3) the public trial issue a countermeasure were considered in national security cases. Through this paper, we hope that the investigative agency will develop analysis techniques for steganography.