• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.103-128
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• 2023

According to the current act of Decision-Marking in Life-Sustaining Medicine, the decision to withhold or discontinue life-sustaining treatment is primarily based on the wishes of a patient in the dying process. Decision-making regarding life-sustaining treatment for these patients is made by the patient, if he or she is conscious, directly expressing his/her intention for life-sustaining treatment in writing or verbally or by writing an advance medical directive and physician orders for life-sustaining treatment. It can be exercised. On the other hand, if the patient has not written an advance medical directive or physician orders for life-sustaining treatment, the patient's intention can be confirmed with a statement from the patient's family, or a decision to discontinue life-sustaining treatment can be made with the consent of all members of the patient's family. However, in the case of an unrelated patient who has no family or whose family is unknown, if an advance medical directive or physician orders for life-sustaining treatment are not written before hospitalization and a medical condition prevents the patient from expressing his or her opinion, the patient's will cannot be known and the patient cannot be informed. A situation arises where a decision must be made as to whether to continue or discontinue life-sustaining treatment. This study reviewed discussions and measures for unbefriended patients under the current law in order to suggest policy measures for deciding on life-sustaining treatment in the case of unbefriended patients. First, we looked at the application of the adult guardian system, but although an adult guardian can replace consent for medical treatment that infringes on the body, permission from the family court is required in cases where death may occur as a direct result of medical treatment. It cannot be said to be an appropriate solution for patients in the process of dying. Second, in accordance with Article 14 of the Life-Sustaining Treatment Decision Act, we looked at the deliberation of medical institution ethics committees on decisions to discontinue life-sustaining treatment for patients without family ties.Under the current law, the medical institution ethics committee cannot make decisions on discontinuation of life-sustaining treatment for unbefriended patients, so through revision, matters regarding decisions on discontinuation of life-sustaining treatment for unbefriended patients are reflected in Article 14 of the same Act or separate provisions for unbefriended patients are made. It is necessary to establish and amend new provisions. In addition, the medical institution ethics committee must make a decision on unbefriended patients, but if the medical institution cannot make such a decision, there is a need to revise the law so that the public ethics committee can make decisions, such as discontinuing life-sustaining treatment for unbefriended patients.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.181-226
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• 2008

The purpose of this paper is to describe the settling procedures of the investor-state disputes in the FTA Investment Chapter, and to research on the international arbitration system for the settlement of the investor-state disputes under the ICSID Convention and UNCITRAL Arbitration Rules. The UNCTAD reports that the cumulative number of arbitration cases for the investor-state dispute settlement is 290 cases by March 2008. 182 cases of them have been brought before the ICSID, and 80 cases of them have been submitted under the UNCITRAL Arbitration Rules. The ICSID reports that the cumulative 263 cases of investor-state dispute settlement have been brought before the ICSID by March 2008. 136 cases of them have been concluded, but 127 cases of them have been pending up to now. The Chapter 11 Section B of the Korea-U.S. FTA provides for the Investor_State Dispute Settlement. Under the provisions of Section B, the claimant may submit to arbitration a claim that the respondent has breached and obligation under Section A, an investment authorization or an investment agreement and that the claimant has incurred loss or damage by reason of that breach. Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; under the ICSID Additional Facility Rules; or under the UNCITRAL Arbitration Rules. The ICSID Convention provides for the jurisdiction of the ICSID(Chapter 2), arbitration(Chapter 3), and replacement and disqualification of arbitrators(Chapter 5) as follows. The jurisdiction of the ICSID shall extend to any legal dispute arising directly out of an investment, between a Contracting State and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary General who shall send a copy of the request to the other party. The tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. The tribunal shall be the judge of its own competence. The tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. Any arbitration proceeding shall be conducted in accordance with the provisions of the Convention Section 3 and in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. The award of the tribunal shall be in writing and shall be signed by members of the tribunal who voted for it. The award shall deal with every question submitted to the tribunal, and shall state the reason upon which it is based. Either party may request annulment of the award by an application in writing addressed to the Secretary General on one or more of the grounds under Article 52 of the ICSID Convention. The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each Contracting State shall recognize an award rendered pursuant to this convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. In conclusion, there may be some issues on the international arbitration for the settlement of the investor-state disputes: for example, abuse of litigation, lack of an appeals process, and problem of transparency. Therefore, there have been active discussions to address such issues by the ICSID and UNCITRAL up to now.

• Korean Journal of Soil Science and Fertilizer
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• v.43 no.3
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• pp.335-340
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• 2010

This study was conducted to select organic materials (OM) and nitrogen sources in composting of waste mushroom bed from Agaricus bisporus. We examined physio-chemical properties of the organic materials and the mixture ratio for preparing the wasted mushroom bed (M) compost. The carbon content of sawdust was higher than those of rice straw (R) as OM source and the nitrogen content was high in the order of fowl manure (F)>> pig manure (P)> cow manure (C). The compost was prepared to maintain the criteria of above 25% organic matter and then the change of their ingredients was estimated during the process of fermentation. The temperature of waste mushroom bed+pig manure+rice straw (MRP) treatment was varied fast throughout fermentation, on the other hand the temperature of waste mushroom bed+pig manure+sawdust (MSP) treatment was steadily elevated to the middle of composting. The pH of the compost was somewhat high to pH 8.5~9.0 at the early stage, but decreased to 7.5 at the end stage of composting. The content of OM after fermentation was decreased to the level of 19~21% in rice straw, but the sawdust treatment maintained 25~27% organic matter. The waste mushroom bed+fowl manure+rice straw (MRF) treatment, which contains 26.2% organic matter and 0.68% nitrogen, was the highest among them. The volume of compost was reduced to 50% by using rice straw as organic matter, but reduced to 30% by using the sawdust. The contents of heavy metal in the compost were suitable within the legal criteria. The number of microorganisms were higher in the rice straw than those in the sawdust. It was high in the order of fowl manure> pig manure> cow manure. The major groups consisted of aerobic bacteria, gram negative bacteria and Bacillus sp. and their populations after fermentation were increased to $1{\times}10^1{\sim}1{\times}10^2\;cfu\;g^{-1}$ rather than those before fermentation. Therefore we concluded that the waste mushroom bed+fowl manure+sawdust (MSF 3:9:1 v/v/v) treatment was suitable combination for high organic matter and nitrogen source, and the periods of composting were 50~60 days.

• The korean journal of orthodontics
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• v.34 no.1 s.102
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• pp.47-61
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• 2004

Although the purpose of orthodontic treatment is to increase the function and esthetics of the jaws along with increasing stability, there are many side effects during the treatment itself, such as root resorption and alveolar bone resorption. Such resorption of the apical root Is unpredictable, and may even proceed into the dentin layer. Once the process has begun, it is irreversible. By evaluating the effect of many oral habits, especially that of nail biting, in correlation with the root and the periodontal tissues, the appropriate biomechanics for orthodontic treatment can be taken into consideration, along with the possibility of root resorption and alveolar bone loss during orthodontic treatment, and any legal problems that might occur. Among the male and female patients of the ages $10\~15$ without skeletal deformity, 63 were chosen as the experiment group with known nail biting habits at time of examination, and within the same age group without nail biting habits as the control. After the orthodontic treatment, number of the experiment group was 31 and the control group was 22. The periapical radiographies of anterior teeth were taken and the assesment of the root length and alveolar bone level were taken before(T1) and after(T2) the orthodontic treatment. The results from this study were as follows : 1. Before the orthodontic treatment, average crown-to-root ratio of the experimental group showed noticeably high values in 4 maxillary incisors and mandibular right central incisor. 2. Before the orthodontic treatment, comparing the root length, maxillary and mandibular right central incisors and both mandibular incisors had a smaller value in the experimental group. 3. Before the orthodontic treatment, comparing and evaluating the alveolar bone loss measured from the cemento-enamel junction to the alveolar bone crest, some crestal bone of the experiment group showed greater loss than the control. 4. After the orthodontic treatment, there was shortening of the root length and loss of the crestal bone in both groups. 5. After the orthodontic treatment, the changes of C/R ratio and the shortening of root length were significantly high in the experimental group. 6. After the orthodontic treatment, the level of alveolar crestal bone showed greater loss in the experimental group.

• Analytical Science and Technology
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• v.33 no.3
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• pp.151-158
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• 2020

Alcohol, which can easily be obtained in the same way as ordinary beverages, is harmful enough to cause death due to excessive drinking and chronic alcohol intake, so it is important to maintain a proper amount of drinking and healthy drinking habits. In addition, the incidence of behavioral disturbances and impaired judgments that can be caused by chronic alcohol drinking of more than adequate amounts of alcohol is also significant. Accordingly it is very useful for forensic science to check whether the person involved is drunken or is alcoholism state in various accidents. Currently, in Korea, alcohol consumption is determined by detecting the level of alcohol or alcohol metabolism 'ethyl glucuronide (EtG)' in blood or urine samples. However, analysis of alcohol or EtG in blood or urine can only provide information about the current state of alcohol consumption because of a narrow window of detection time. Therefore, it is important to analyze the EtG as a long-term direct alcohol metabolite bio-marker in human hair and to investigate relationship between alcohol consumption and EtG concentration for the evaluation of chronic ethanol consumption. In this study, we established an analytical method for the detection of EtG in Korean hair efficiently and validated selectivity, linearity, limits of detection (LOD), limits of quantification (LOQ), matrix effect, recovery, process efficiency, accuracy and precision using liquid chromatography tandem mass spectrometry (LC-MS/MS). In addition, the assay performance was evaluated in Korean social drinker's hair and the postmortem hair of a chronic alcoholism. The results of this study can be useful in monitoring the alcohol abuse of Korean in clinical cases and legal procedures related to custody and provide a useful tool to evaluate postmortem diagnosis of alcoholic ketoacidosis in forensics.

• The korean journal of orthodontics
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• v.29 no.6 s.77
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• pp.689-698
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• 1999

Although the purpose of orthodontic treatment is to increase the function and aesthetics of the jaws as well as to increase stability, there are side effects from the treatment itself such as root resorption and alveolar bone resorption. Such resoiption of the apical root is unpredictable and may even proceed into the dentin layer. Once the process has begun, it is irreversible. By evaluating the effects of different oral habits, especially that ef nail biting, and their correlation with the root and the periodontal tissues, the appropriate biomechanics for orthodontic treatment can be taken into consideration. The possibility of root resorption and alveolar bone loss during orthodontic treatment can also be considered. Also, any legal problems that might occur may be pondered as well. Among the male md female patients of the ages 10~15, 63 were chosen as the test group with known nail biting habits at time of examination and within the same age range those without nail biting habits as the control group. The test group was composed of 30 males and 33 females. The control group had 31 males and 32 females. The result from this study were as follows : 1. Of the 63 patients of both the test and control groups, the male-to-female-ratio was 1:1, and had no statistically significant difference in male and female root resorption. 2. In comparing crown length of the test and control groups, no significant difference existed, but in root length, maxillary and mandibular right and left central incisors and mandibular right lateral incisors had a smaller value. (p<0.001) 3. Average crown-to-root ratio of the test group on the periapical view show a noticeably high value for the maxillary and mandibular right and left central incisors and mandibular right and left lateral incisors. (p<0.01) 4. In comparing and evaluating the alveolar bone loss measured from the cemento-enamel junction to the alveolar bone crest, mesial surfaces of the maxillary and mandibular right and left central incisors and distal surface of maxillary right central incisor of the test group showed greater loss of crestal bone than the control. (p<0.05)

• Korean Security Journal
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• no.30
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• pp.33-60
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• 2012

False alarm of Electronic security causes various serious side effects such as decrease of electronic security guard's morale caused by unnecessary mobilization, increase of fatigue caused by workload increase, increase of electronic security company owner's management burden and decrease of electronic security service utilization rate caused by customer's distrust. Therefore, the study considered the Korean regulation related with false alarm of electronic security and proposed actual status of false alarm and measure for it. The study proposed systematic resolution assignments and political assignments in relation with the measure for false alarm. Systematic resolution assignments are as follows. First, electronic security company should construct electronic security system accurately from the initial step of security consulting and security planning related with target facility. Second, it is necessary to encourage installation and operation of video monitoring system. Third, sensor wiring should be separated. Fourth, the measures for false alarm depending on main system causes should be prepared. It is necessary to encourage the installation of 'arming disarming alarm sound' generator. In addition, the measures for false arm depending on the characteristics of sensor should be prepared and standardized. Fifth, system maintenance should be reinforced. Political assignments related with the measures for false alarm are as follows. First, it is necessary to reinforce education & training. Individual nurturing & education process should be run by electronic security company or the education focusing on the measure for false alarm should be performed in job training defined in "Security Industry Act". Second, it is necessary to establish and reinforce legal regulation and establish device. If police authority standardizes the documents related with false alarm, provides their forms and requires them for periodical reports or documents, it is expected that good measures for false alarm will be prepared on the basis of actual data in the future. Third, cooperation organization to discuss the measures for false alarm like 'Conference for False Alarm of Electronic Security' should be organized and operated. Fourth, interest and role of electronic security company and electronic security supervisor should be enlarged.

• Archives of design research
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• v.18 no.2 s.60
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• pp.243-254
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• 2005

Great Britain and the United States and Finland are having an interest in long policy subject about child design education through early design education. And they approaches and practices it systematically. The research about the design learning program instance of advanced nation of primary school's design education for various objective is necessary for use with the fundamental reference data for an elementary design education. And so, This research presented the program instance investigation and analysis result of British primary school's design education. U.K is teaching an primary design education from two subjects of Art & Design and Design and Technology which is a legal subject with national curriculum. The analysis result of design relation unit learning program of two subjects is: Design relation unit learning programs of 'Design and Technology' subject's 20 unit which except 4 food relation unit is largely scientific engineering contents that include utility function contents in part. The reason is as behavior styles based on Design process solve problems scientifically & rationally. Design relation 6 units in subject of Art & Design which except the units which relates with the pure fine arts and architecture in 19 units is aesthetic-symbolic and utility-functional contents largely. And so, the result was analyzed about relation of scientific-engineering content of 'Arts & Design' subject is insufficient comparing with 'Design and Technology' subject Specially, I think that the design relation's unit learning program instances of 'Design and Technology' subject of the British primary school which have been presented by this research paper is a possibility becoming one reference model for a program development. And so I expects that this research could be applied in the program development for the primary design education of primary teacher & education agency.

• Journal of the Korean Institute of Landscape Architecture
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• v.40 no.5
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• pp.51-62
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• 2012

Geumho-dong, Seoul, a redeveloped residential area, is located in the foothills of Mt. Eungbong. The geographical undulation, the composition of a large apartment complex, and the partial implementation of the redevelopment project have caused the severe physical and social disconnections in this area. In order to recover functioning in the disconnected community, this study pays attention to the regeneration of the open spaces as an everyday place and in the form a network system among those open spaces. Various types of the open spaces are classified into points or faces, 'bases' and linear 'paths' analyze the network status. More than half of the open space have connecting-distance of 500m or more. Furthermore, many areas are not even included in the service-area of the open spaces. Analysis of the connectivity and integration value using the axial map has carried out to check weak linkages and to choose the sections where additional bases are required. In addition, to improve the quality of the bases and the paths, a field investigation is conducted and problems are diagnosed. The network planning of the open spaces in Geumho-dong is established, ensuring the quality and quantity of bases and paths. The plan includes the construction of an additional major base in the central area and six secondary bases in other parts, and comes up with ways to improve the environment of underdeveloped secondary bases. In the neighborhood parks at Mt. Daehyun areas, the major path are added, and the environment of the paths is improved in certain areas. Because of the network planning, the connecting-distances between bases are reduced significantly, the connectivity and integration value of the area are increased, and the service areas of the open spaces cover the whole area properly. Although this study has some limitations such as the needs for the legal and institutional supports and difficulties of a quantitative indexing process, its significance lies in the suggestion of a more reasonable and practical plan for the overall network system by defining complex types of open spaces simply and clearly and by examining the organic relationships quantitatively and qualitatively.

• Korean Security Journal
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• no.46
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• pp.113-140
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• 2016

Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.