• Journal of Korean Academy of Fundamentals of Nursing
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• v.9 no.1
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• pp.76-85
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• 2002

Purpose: This study has been designed to identify attitudes to euthanasia held by Korean nurses. Method: Data were collected through a survey, and the participants in the study were 234 Korean nurses. Convenience sampling method was used and analysis of the data was done with SPSS PC for descriptive statistics, t-test and ANOVA. Results : 1. The mean score for euthanasia was 2.80. and the sub dimension mean scores were, patients' rights. 3.24, quality of life, 2 78, respect for life, 2.68, medical ethics, 2.50. 2. With respect to the general characteristics of participants there were statistically significant difference in total score according to religion (P= .01), and degree of influence of religion on behavior (P= .00). 3. There were statistically significant difference in score of quality of life according to religion (P= .04), degree of influence of religion on behavior (P= 00), decisions in euthanasia (P=.04), and legal permission (P= .04). 4. There was statistically significant difference in score of patient's right according to legal permission (P = .04). 5 There were statistically significant difference in the score of respect for life according to religion (P= .00), degree of influence of religion on behavior (P= .00), decision in euthnasia (P= .00), and legal permission (P= .00).

• The Korean Society of Law and Medicine
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• v.8 no.2
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• pp.205-290
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• 2007

In Korea, abortion in the Criminal Law is an illegal act in exception of limited cases stated in the Mother and the Child Health Law. There are grounds on which abortion may be carried out - though the grounds are very limited and related such as emergency situation of woman's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations to reform the existing regulations and increase the effectiveness of the regulations. A national survey was carried out using telephone interview with Korean citizens from August 1th to August 31th in 2005. A total of 1,025 citizens (male: female = 49.2%:50.8%) were randomly sampled in proportion to the number of population of 17 regions. The major findings of this survey were as follows. First, 91.4% of the respondents approved of abortion based on the medical grounds. Second 83.3% of the respondents perceived that abortion may be carried out based on ethical grounds for example rape. Third, 74.3% were agreed to abortion based on genetic diseases. Forth, 64.7% were approved the abortion that unmarried woman may be carried out. In contrast 45.0% were approved the abortion that girls may be carried out, whereas 46.4% were perceived that the abortion may not be permitted. Fifth, 58.3% were disagreed the permission of abortion based on social and economic grounds. According to the survey Korean citizens seem to have positive perception on the abortion that may be carried out based on medical, ethical and genetic grounds. Whereas they worried about the abortion based on social and economic grounds. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds. In cases of when the mother has a impossibility to breed her child because of her social situations and financial conditions, we should accepted the legal acceptance of abortion due to social and economic grounds.

• Journal of Digital Convergence
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• v.13 no.12
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• pp.413-422
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• 2015

This study is to grasp fundamental data to prepare the policy about death with dignity(DwD) by grasping perception type of the middle-aged about DwD. 32 middle-ages test Q-sort with 30 statements which is related to DwD. The result of analysis shows that subjective perception types are permission type, opposition type, and limited permission type. First, 'permission type' indicates that DwD by self-determination of patients should be accepted; it is necessary to patients with extreme pain. Second, 'opposition type' insists that there will be more people dying unfairly; a trend to make light of human life could be in everywhere if DwD is permitted. Third, 'limited permission type' agrees with permitting DwD but insists on preparing specific legal system before that. The subject, DwD, itself seems not to be able to draw a complete agreement from people, but national opinions should be reflected during the process of DwD system.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.189-219
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• 2007

Mediation is type of intervention in which the disputing parties accept the offer of the judge or a third party to recommend a solution for their controversy. Mediation differs from arbitration in being a voluntary resolution rather than a judicial procedure. Thus, the parties to the dispute are not bound to accept the mediator's recommendation. Resort to mediation has become increasingly frequent for civil disputes. Mediation has been successful in many cases of civil conflict. Mediation has become increasingly important for monetary disputes as well, particularly in damage cases. While most people consider mediation a far superior experience to court, everything I tell you a mediator should not do is something that at least one mediator I have dealt with has done to a client. In theory, a mediator should never share anything you tell him or her without your permission. In theory a mediator should not "spring" evaluations on anyone in a mediation without your permission (e.g. a mediator should never say "your case is worth \OOOO and I just told the other side that). In theory a mediator should not browbeat or threaten you. At the end, usually about 55% of the time with a good mediator in Kwangju Appellate Court in 2003, the parties reach an agreement that is in their best interests. If they decide to sign off on a signed agreement, the signed agreement is binding. I obviously feel mediation is a very good thing and the numbers and surveys bear me out. This article is written about how mediation is proceeded, what is the realities, what is the problem and what is the activating way. For this study, I research with legal sociological approach using Korean Judicial Year Boot judicial document and my experience as meditator in Kwangju District Court.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.323-361
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• 2009

In Korea, Abortion in the Criminal Law is an illegal act in exception of on which abortion may be carried out through the grounds are very limited and related such a emergency situation of women's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations th reform the existing regulation and increase th effectiveness of the regulations. Recently, in a case of the a maternity hospital where a midwife left alone a diabetes pregnancy women who had a baby, and the overweight baby(5.2Kg) died in the uterus due to hypoxic states. Supreme Court of Korea 2007.6.29. 2005do3832) had given a verdict of "not guilty". It looked like there were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds.

• Journal of Information Technology Services
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• v.22 no.5
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• pp.109-124
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• 2023

This study aims to apply the concept of regulatory stringency to the regulatory sandbox with a fresh perspective. The regulatory sandbox is a system that gives opportunities under certain conditions to new technologies or businesses that have not been launched due to inadequacy or insufficiency in legal systems. Previous research on regulatory sandboxes has mainly focused on discussions about their impact on specific technologies or business domains. This study attention to the results according to the evaluations. Among them, whether special cases for demonstration can evolve into official permission has garnered significant attention. For this study, among the cases that passed the regulatory sandbox evaluation from February, 2019, to December, 2022, 162 cases in the field of ICT convergence were selected. The evaluation results were classified into three groups 'positive interpretation (Fast Track)', 'temporary permission', and 'special case for demonstration.' Each case was assigned to one of the three groups. Through the comparative analysis, the common characteristics and differences were summarized. Then, this study explored improvement measures to pass a less restrictive regulatory sandbox. The analysis of the cases revealed that the differences in each evaluation result were attributed to variations in the technological characteristics and user protection features. Considering these differences, as well as the higher weight and importance of the preparation stage for sandbox application, this study suggested a three-step approach to prepare for temporary permission and positive interpretation rather than special case for demonstration. In addition, this thesis discussed the policy limitations of the regulatory sandbox mechanism in South Korea and the limitations of the current study. Hopefully, the results of this study would be beneficial to individuals and companies, particularly venture companies and startups seeking to develop new technologies or businesses and utilize regulatory sandboxes.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.33 no.1
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• pp.60-69
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• 2023

Objectives: Business operators handling hazardous chemicals regulated under the Chemical Substances Control Act (CSCA) must receive permits to operate their business from the Ministry of Environment. This study analyzed the status of recent legal violation in chemical handling workplaces in Ulsan where a large volume of chemicals is handled for industrial use. Methods: A total of 557 corporations have been granted legal status as business operators in Ulsan. For all business operators, legal violations in regard to the CSCA that were discovered by the environmental office in the last five years (2018~2022) were thoroughly analyzed. Results: A total of 225 violations of the CSCA have been discovered at 165 corporations, with the violation rate accounting for approximately 27% of all business operators. In particular, 22% of the 165 violators (36 corporations) were discovered to have violated twice or more, and some business operators (6%) even violated in consecutive years. Non-compliance of facility inspection was the most frequent violation (45 cases, 20.1%), followed by non-reporting of important changes in the permitted matters (23 cases, 10.3%), non-completion of legal safety education (19 cases, 8.5%), failure to secure permission for modification in the permitted matters (18 cases, 8.0%), and failure to submit chemical transport plans (16 cases, 7.1%). Conclusions: Most of the violations could have been prevented if the field personnel had paid sufficient attention. Thus, it is fundamentally necessary to create an environment for spontaneous safety management for themselves and to strengthen individual capabilities.

• Korean Journal of Remote Sensing
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• v.23 no.5
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• pp.335-346
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• 2007

This study is aiming at improving the Environmental Conservation Value Assessment Map(ECVAM) of National Land in Korea. The ECVAM items are composed of legal and environmental/ecological assessments. A popular method applied to ECVAM is an overlay environmental/ecological assessment items. The purpose of this study is to offer complementary items of the ECVAM by examining assessment items. In this study we assessed the ECVAM by five methods. Method 1 is Grade 1 areas of each administrative district; Method 2 is comparing overlapped areas of each assessment items Grade 1, 2 and permission of each assessment items duplication; Method 3 is Grade 1, 2 areas by only singular assessment items; Method 4 is Grade 1 areas only of Method 2; and Method 5 is Grade 2 areas only of Method 2. Method 1 showed Seoul and other metropolitan cities revealed a large proportion of Grade I regions by the legal assessment items. Gang won-Do, showed a large proportion of Grade I regions by the environmental/ecological assessment item. Method 2 showed 93.4% of diameter Grade II(standard for stability); forest diameter item accounted for 99.9% by Method 3, Method 4 showed 95.7% of forest diameter, and forest density accounted for 66.4% by Method 5. This study contributes to reduce the complexity in the process of manufacturing ECVAM of National Land, and to raise the flexibility in the process of managing and updating this map.

• Korean Security Journal
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• no.12
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• pp.245-269
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• 2006

The suggestions that follow are about the device to assure the effectiveness of administrational regulation and supervision in Korean private security. First, government clearance should be reinforced. For this it is necessary that the qualification for security dealer-careers and academic backgrounds with security etc.- should be elucidated in Security Law. Also it should be achieved to increase the capital fund and to keep security guards for insuring substitutional manpower. Second, after legal permission governmental supervision should be done in quality by means of setting up the competent institutions independently. Third, the punishment for obtaining security license mendaciously, carrying out illegal or unfair task and assigning Security Guard Supervisors expediently should be strengthened. Also to prevent expedient acts it is necessary to prescribe illegal or unfair acts in the concrete in Security Law and violators should be legally responsible. Fourth, to lay the foundation for security industry itself and make up for perfunctory governmental direct System for Professional License (of private security guard) should come into effect.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.26 no.3
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• pp.151-175
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• 2015

The study aims to discuss on legal prospects of digital collections' fair use through an analysis of treaties and legislations domestic and international. Based on analysis of leading researches and literature, it discusses legal principles of fair use and defines digital collections' concept and types. For understanding the actual legal system on fair use, limitations and exceptions of copyrights which are presented in treaties, such as 'Berne Convention for the Protection of Literary and Artistic Works' and'Copyright Convention', each nation's laws, and judicial precedents. Especially, a legal dispute between 'Technische $Universit{\ddot{a}}t$ Darmstadt' and Eugen Ulmer KG, which debates on library's rights for digitizing their collections without the rightholder's permission, is analyzed. As a result, this study analyzes its implications for the improvement of the existing copyright system in Korea.