• Journal of Environmental Impact Assessment
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• v.2 no.2
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• pp.105-110
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• 1993

The following contribution deals with the objectives and scopes of the German Act on Environmental Impact Assessment (EIA) and with the procedural implementation of this act. It begins with a presentation of the goal and content of EIA and the scope of its application. It then turns to the procedure of EIA, specially to the five distinct steps by which the EIA is to be carried out under German law. Finally some remarks are made on the rote of EIA in the decision-making process and on the further development of EIA since the entry into force of the Act on EIA.

• Journal of Forest and Environmental Science
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• v.32 no.4
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• pp.392-399
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• 2016

This review paper presents guidelines which stakeholders use in addressing on-farm tree planting configuration, establishment, tending, silvi- cultural management, management of pests and diseases, challenges and opportunities as practiced in the medium to high potential areas of Kenya. The tree planting configurations discussed includes blocks planting (woodlot), boundary, compound planting, home/fruit gardens, trees intercropped or mixed with pasture, trees on riverbanks and roadside. Participatory monitoring and evaluation techniques have been highlighted. The main challenges facing tree planting activities include culture and attitude of local people, land and tree tenure, inadequate technical support, lack of recognition and integration of technical information and indigenous knowledge, capital and labour shortages, lack of appropriate incentives measures, damage by domestic and wild animals, conflict over trees on the boundary and policy and legal issues. This guideline targets forest managers, extension agents, students and other practitioners in policy and day to day decision making processes in Kenya.

• Health Policy and Management
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• v.5 no.1
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• pp.106-131
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• 1995

Nowadays there are a lot of medical accidents and medical disputes in Korea. Our government has made efforts to legislate The Medical Disputes Conciliation Law for several years. But this law has many problems. These problems are followings. 1. the problem of going certainly through compulsory screening panels before coming to court. 2. the possibility in making the impartial screening panels for malpractice claims 3. the utilization of a mutual aid association to have low efficiency in paying for damages by medical malpractice and so on. To resolve medical disputes rapidly, we must legislate The Medical Disputes Conciliation Law in a short time. However, all medical disputes are not rationally dissolved by only this law, The Medical Lsw(Arztrecht) is needed to improve the solubility of medical disputes through setting up the decision criteria.

• Journal of National Security and Military Science
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• s.2
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• pp.201-235
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• 2004

This paper provides a simple microeconomic model of terrorist attcks and anti-terrorism policies. The terrorists can be characterised as rational actors, choosing between legal activities and terrorist activities to promote their political goals. Since their resources are limited, one can think of anti-terrorist policies by examining how such policies affect the objectives and constraints of terrorists. Deterrence policy seeks to reduce terrorist attacks by raising the cost of undertaking terrorist acts. Proactive policy aims at preventing attacks by destroying terrorists' resources (fund, personnel, leadership). This paper suggests another type of anti-terrorist policy which is to reduce the benefits of (or in other words, raising the opportunity costs of) terrorist acts. Such a policy is based on decentralisation in political decision-making and economic power.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.97-117
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• 2015

As women's social advance had accomplished improvements to standard of living and equal employment, new forms of dispute such as gender inequality, sex crimes, and divorce rate increases have begun to generate. Disputes between men and women are desirable to settle by ADR rather than by traditional litigation owing to difficulties of legal resolution, cost and time, need for amicable dispute, etc. This study aims to reveal whether there is a relationship between ADR and gender. Through review of previous articles, this study finds that gender difference makes a visible difference depending on case type, context, and sex role of participants. For example, women were selected as mediators and arbitrators in non-monetary and small-claims disputes, family, labor, and consumer disputes and men were selected in large-scale disputes and construction, corporate and commercial, and intellectual property disputes owing to differences of experience and professionalism. Women were relatively frequently selected as mediators owing to active communication skills and men were selected as arbitrators because of decision-making skills.

• Journal of Korean Neurosurgical Society
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• v.60 no.4
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• pp.385-390
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• 2017

The doctrine of informed consent, as opposed to medical paternalism, is intended to facilitate patient autonomy by allowing patient participation in the medical decision-making process. However, regrettably, the surgical informed consent (SIC) process is invariably underestimated and reduced to a documentary procedure to protect physicians from legal liability. Moreover, residents are rarely trained in the clinical and communicative skills required for the SIC process. Accordingly, to increase professional awareness of the SIC process, a brief history and introduction to the current elements of SIC, the obstacles to patient autonomy and SIC, benefits and drawbacks of SIC, planning of an optimal SIC process, and its application to cases of an unruptured intracranial aneurysm are all presented. Optimal informed consent process can provide patients with a good comprehension of their disease and treatment, augmented autonomy, a strong therapeutic alliance with their doctors, and psychological defenses for coping with stressful surgical circumstances.

• Informatization Policy
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• v.23 no.4
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• pp.24-37
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• 2016

An Intelligent information society means intelligent superconducting society that goes beyond information society where information is centered. Now that artificial intelligence is specifically discussed, it is time to start discussing the laws and systems for intelligent information society, where artificial intelligence plays a key role. At some point it may be too late to cope with singularity. Of course, it is not easy to predict how artificial intelligence will change our society. However, there are concerns on what kind of relationship should humans build with AI in the intelligent information society where algorithms rule the world or at least support decision making of humans. What is obvious is that humans dominating AI or ruling out AI will not be the answer. Discussions for legal framework to respond to the AI-based intelligent information society needs to be achieved to a level that replaces the current human-based legal framework with AI. This is because legal improvement caused by the paradigm shift to the intelligent information society may assume emergence of new players-AI, robots, and objects-and even their subjectivation.

• Journal of the Institute of Convergence Signal Processing
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• v.25 no.2
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• pp.100-112
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• 2024

This study investigates the ethical and legal implications of utilizing artificial intelligence (AI) in human resource management, with a particular focus on AI interviews in the recruitment process. AI, defined as the capability of computer programs to perform tasks associated with human intelligence such as reasoning, learning, and adapting, is increasingly being integrated into HR practices. The deployment of AI in recruitment, specifically through AI-driven interviews, promises efficiency and objectivity but also raises significant ethical and legal concerns. These concerns include potential biases in AI algorithms, transparency in AI decision-making processes, data privacy issues, and compliance with existing labor laws and regulations. By analyzing case studies and reviewing relevant literature, this paper aims to provide a comprehensive understanding of these challenges and propose recommendations for ensuring ethical and legal compliance in AI-based HR practices. The findings suggest that while AI can enhance recruitment efficiency, it is imperative to establish robust ethical guidelines and legal frameworks to mitigate risks and ensure fair and transparent hiring practices.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.30 no.2D
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• pp.181-190
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• 2010

The purpose of this study is to propose an effective approach of making route decisions for the large-scale national project (i.e. the KTX Gyeongbu line between Daegu and Busan) by analyzing the conflicts that had occurred in the process of selecting the routes and stations. This study investigated policy making processes and conflicts during the construction of the KTX Gyeongbu line. The five contentious issues were 1) selecting the route between Daegu~Busan line, 2) developing a new route through Gyeongju areas, 3) making decisions of the first and second phases of construction, 4) setting up an extra station in Ulsan, and 5) conflicts of the Mt. Cheonseong route in Yangsan. In terms of analyzing these issues, the current study focuses on dealing with notions of technical, economical, legal, social, and practical rationality. Based on such analyses and implications, this study proposes a relatively reasonable model of line decision making especially for long-distance intercity routes. It also turns out that the large-scale project like the development of KTX Gyeongbu line should be conducted after receiving enough quantitative evaluation by reviewing relevant technical research studies and economic analyses, and having social agreements to prevent plausible conflicts.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.143-166
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• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.