• Journal of Korean Philosophical Society
• /
• v.123
• /
• pp.245-279
• /
• 2012

Hans Kelsen, one of prominent advocators of legal positivism, insisted that every theory of natural law try to show that it is possible to deduce from the nature, that is to say from the nature of man certain rules which provide an altogether adequate prescription for human behavior. But it is impossible to deduce from the nature certain ethical rules. The purpose of this study is to show his insistence false. Firstly, He is based on false assumption that 'nature' in theory of nature law is 'nature' in natural science. Secondary, He is based on false assumption that the entire systems of natural law are deduced from only one first natural law. Thirdly, He makes logical fallacies, that is, straw man, false dichotomy and so on. Fourthly, in spite of his critique of every theory of natural theory, this study tries to certify that theories of natural law of I. Kant and J. Maritain and so on are very excellent.

• Journal of Haehwa Medicine
• /
• v.16 no.2
• /
• pp.99-107
• /
• 2007

Keeping in step with four seasons, Spring, summer, autumn, and winter, the heaven and earth(天地) has been born(生), grown(長), coverted(化), gained(收), and kept(藏) by interaction of yiyang and yuqi(五氣: 木火土金水). And according to Naiching, human being is born with energy of heaven and earth(天地之氣) and is grown with the law of four seasons(四時之法). So, we now know that the human's body and nature interact each other. The oriental medical science has been studied the effect that the nature's change influences on human body. Now, I get some idea that using herb medicine and acupuncture should have hanged following the change of four seasons. We know that there is a cycle in nature. Every day sun arise and down, and every month moon gets full and new. And every year, four seasons orderly change, from spring to winter. All of this is the law of nature and human body adapts this law. Man always shows the physiological phenomena which changes under the law of nature, especially the turning of the seasons. Therefore, we should use different medical methods in different seasons.

• The Korean Society of Law and Medicine
• /
• v.7 no.2
• /
• pp.179-218
• /
• 2006

To succeed the claim of medical negligence, the plaintiff should establish the medical profession's fault, and the causation between the fault and damages. The faults are judged on lege artis, which is based on expert witness. However, judges often infer the faults and causations from circumstantial evidences and patients' injuries. This presumptions depend on the law of nature(Erfahrungsgesetz). The law of nature can explain the typical development of the event. If the circumstantial evidences were in accordance with that, the faults and causations would be able to be recognized by the judges. Therefore the standards of comparison such as lege artis or the law of nature play an important role for medical negligence liabilities to be imputed to doctors or hospitals. The factual elements necessary to assume the fault is similar to those of the causation, for the concept of the fault is correlated with that of the causation. The elements include the temporal and spatial proximity between damages and defendant's medical treatments, no existence of other causations, the probability of bed results developed by the medical treatments, and so on. These enable the fault and causation to be assumed at the same times.

• Journal of the Korean Institute of Navigation
• /
• v.5 no.1
• /
• pp.37-48
• /
• 1981

There are more damages from collision at sea because of the multiple reasons of sea conditions. For the purpose of avoiding collision at sea, Internaitonal Regulations for Preventing Collision at Sea, 1972 as an international convention is in force having the nature of international navigating law. According to the nature of the convention and the principle of legislation of the convention, not only it has the preventing nature on collision but it is a basic rules to make clear the faults of collision between vessels by the admiralty court in the developed maritime countries. Since there is no so much case law on it in this country and not to fixed the legal theory to define the faults of collision in civil law as per the above convention, the further study of the civil liability on collision based upon the above convention shall be recognized in the principle of fair of the civil law.

• The Korean Society of Law and Medicine
• /
• v.11 no.2
• /
• pp.75-112
• /
• 2010

This article analyses the concept of medicine in the legal context. It is not easy to define the concept of medicine because medical practice has various dimensions and the situation in which the practice is performed has a broad variety. The duty of medical law is to build the boundary of protection in that the nature of medicine would not be distorted by the factors of social systems like industry or governmental authorities. Without understanding the various dimensions - especially the dimension of Humanities and Sociology - of the medicine it is not possible to draw the limit on the performance of medicine appropriately. Concerning the medical practice (especially in the context of the regulation of medical licence), the enacted law (Medical Act) defines the concept just for form's sake and it finally depends on the interpretation of the legal enforcement authorities. Moreover, between the judgments of the courts there exists no coherent principles for the regulation and the interpretation of the Medical Act depends often on the riskiness, the abstract concept, which finally leads the interpretation to depend on the subject of the practice. On the contrary, the development and scientific movement of the technology tends to tighten the range of the medical professionals of medical practice and the perspectives of the medicine. Medical act is actually oriented at the patient's understanding of him- or herself. The above-mentioned tendency of the interpretation and the legal policy could lead the medicine away from its nature.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.44
• /
• pp.31-55
• /
• 2009

This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

• Journal of Fisheries and Marine Sciences Education
• /
• v.5 no.1
• /
• pp.15-22
• /
• 1993

The Maritime Traffic Safety Law of P. R. China has not the legal nature of navigation rule which regulates the vessel traffic directly but has the legal nature of management to ensure the safety and good order of the whale marine traffic. For that reason, the legal status of this Law is a general basic norm for the marine safety regulations rather than a definite enforcement regulation. This Law does not have any clear statements on adaptation of the steering and sailing rules of the International Regulations for Preventing Collisions at Sea, but it can be presumed the Convention would be applied on the viewpoint of the international practice. The subject matter of this Law is easily understandable, because the IMO and shipping countries have already made similar legislation. Since the maritime traffic condition of the P. R. China also has a direct effect upon the Korean coastal waters, it is essential to observe closely the process of enforcement and development of the P. R. China's Maritime Traffic Safety Law.

• Journal of the Korean housing association
• /
• v.26 no.6
• /
• pp.53-60
• /
• 2015

This study identifies the common problems faced by the owners of strata titles, the Management Corporation, the Joint Management Body, the Commissioner of Building (COB) as well as the Managing Agent being the stakeholders in managing strata properties. The methods employed are qualitative in nature. Analysis is done based on reports published by the relevant authorities dealing with strata residential properties as well as the case law as reported in the two leading journals in Malaysia such as the Malayan Law Journal and the Current Law Journal. The types and nature of problems are derived from the annual reports. The extent of the problems is determined based on the figures and supported by observation and interviews with the COB, being the agency directly involved in overseeing and monitoring strata properties management. The findings show that a substantial number of problems exist in the management of strata properties despite a law that allows the owners to self-managed their own properties. Having stated the status quo concerning the problems, the study also looks at the various means of resolving disputes as exist under the Malaysian housing system. The study proposes that alternative dispute resolution (ADR) modes are more appropriate in ensuring the sustainability of strata living and management.

• Safety and Health at Work
• /
• v.12 no.3
• /
• pp.365-369
• /
• 2021

Background: Law enforcement communications (i.e., 911 dispatch and call takers) is a challenging and stressful occupation. The purpose of this study is to identify the main stressors associated with employment in law enforcement communications, and to identify and provide context to how these stressors affect workers' health and wellbeing. Methods: This research study included focus groups with 23 call takers and 911 dispatchers employed by a large, urban law enforcement agency in 2018. Thematic analyses were conducted to identify trends. Results: Four themes of stressors emerged (i.e., the high stakes nature of some 911 calls for service, understaffing, supervisor-related stress, and recruiting practice). Two health-related themes emerged as being occupation-related: weight gain and poor sleep patterns/insufficient sleep). Specifically, participants reported negative eating habits resulting in weight gain and obesity, lack of sleep and irregular sleep schedules, and development of hypertension and/or diabetes since beginning their jobs. Conclusion: Law enforcement communications professionals experience a number of the same stressors facing law enforcement officers in patrol. These stressors, combined with the sedentary nature of the job, could result in long-term, chronic health problems.

• Journal of Arbitration Studies
• /
• v.12 no.1
• /
• pp.55-88
• /
• 2002

Arbitration Act does not have express provision about voluntary agreement for the arbitration which third party, that is, the expert confirms factual bases of party's relationship of rights and duties, determines contents of the contract, and supplements or modifies contracts, and then the parties obey the expert's decision, but it is more probable that the parties can agree to this kind of arbitration agreement as long as they freely make a contract within the scope of law. However, there is a split of authority on the scope of such arbitration agreement. Some scholars argue that the parties can only agree on the extent of the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract. On the other hand, the other scholars argue that the parties can consent not only the expert's confirmation about factual situations of party's relationship of rights and duties or contents of contract, but also the expert's supplement or modification of contents of contract. Due to the expert's decision has effect on both parties and judges who give a judgment as a matter of law, this kind of arbitration agrement can contribute to prevent litigation. Also arbitration relieves court's burden, if such arbitration agreement was done on the important disputes. Considering that the arbitration agreement can function as a dispute resolution or a dispute prevention, it is desirable that legislators make the provision about this kind of arbitration and allow the application of arbitration Act in such arbitration agreement. Most scholars agree that the voluntary agreement for the arbitration as to third party's supplement or modification of contents of the contract can be included in the concept of a substantive law. However, it has not been concluded whether the voluntary agreement for the arbitration which follows the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract has the nature of substantive law or procedural law. The dispute about the nature of such arbitration agreement have some shortcomings in the effect of second kind of voluntary arbitration and the applicability of procedural principles. Therefore, it will be more adequate that the focus is given to the original function of this kind of arbitration agreement and the applicability of procedural principles (the neutrality of arbitrator, the assurance of hearing of the parties) rather than the dispute regarding the nature of this kind of arbitration agreement. Considering that more attention is given to the substitutive dispute resolution these days, the function of arbitration as prevention to the litigation and resolution before the litigation should be emphasized. To do this, a legal dispute about such arbitration agreement has to be resolved. More important issues in this kind of arbitration agreement are to retain of the neutral expert and to positively inform the benefits of this institution to the public.