• Journal of Environmental Policy
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• v.4 no.1
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• pp.39-67
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• 2005

In order to properly define the terms such as soil, soil contamination, soil contamination site and remediation, which are the key terms under the Soil Environment Conservation Act(SECA) in Korea, we analyzed the legal definitions of the similar key words in legislations of the developed western countries. The selected countries were the United States of America, the United Kingdom, the Netherlands, Germany, and Denmark. The legal definitions of these keywords were very much diversified due to different levels of soil contamination, as well as different industrial, social, and legal backgrounds in each country. However, fair suggestions for definitions of the key terms in SECA were derived from the comparative analyses of these countries. First and foremost, SECA should provide a definition of 'soil' which includes a concept of the natural soil layer produced from soil mineralization processes. Groundwater and sublayer of the groundwater would. be excluded in the boundary of the soil with regards to the Groundwater Act of Korea. Definition of 'soil contamination' of SECA should include a concept of risk assessment(soil contaminants, pathway, and receptors), purpose of land use, and the acquired limitation levels of soil contaminants. Soil contamination activity either industrial or anthropogenic in SECA article2-1, could be substituted for a concept of soil risk assessment. Definition of 'soil contamination site' could derive from amalgamating the concepts of i) soil contamination in conjunction with contaminants, ii) risk assessment, iii) a concept of land use, and iv) knowing limitation of contamination site designation. Definition of 'remediation of contaminated site' should include the objective, intention, action, methodology and limit of the remediation. These suggested definitions would increase the efficacy of soil environment conservation policies, which includes the survey of the potentially contaminated area, remediation, and removal of the site.

• Journal of Digital Convergence
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• v.16 no.2
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• pp.361-366
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• 2018

The purpose of this study is to examine the four aspects of design terminology : dictionary, legal, academic, and popular according to the changes of various media and the stream of times and to establish a basic framework for design terms that can be refined in time. Based on an understanding of the essential meaning of design terms, it provides the basis for establishing the basic direction of the use of design terms that can be used between the design industry and other industries. The research methods are as follows: First, the preliminary meaning of design terms was examined through previous studies. Second, the present state of use of design terms was analyzed using the Internet and various network media. Third, through interviews with experts in each design field, the criteria of contemporary design terms was explored. Ultimately, the direction to establish design terms was derived through these research processes. The result of this study is meaningful to provide the new index of the time and conceptual change of design terms. In the future, it will be necessary to expand the research on design common terms continuously in design-related academia and related industries, and try to establish professional and popular design terms through diverse opinions.

• Journal of Digital Convergence
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• v.16 no.8
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• pp.71-79
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• 2018

This study discussed the meaning of a drone, and especially drone journalism and legal and ethical issues around that, at an introductory dimension, which is used in various social bases, but is still just an academic discussion at the beginning stage. As a methodology, content analysis was used. It seems that drone journalism has high diffusibility as a technology with high 'relative advantage', 'compatibility', 'trial ability' and 'observability' and low 'complexity' in terms of the diffusion of innovation theory. However, it will be very likely that controversies will be raised, such as safety issue due to collision and crash, a dispute over violation of privacy that may seriously infringe privacy like individual portrait rights and a controversy about the accuracy and source of information as drone filming low price and ease of use. Suggest solutions to legal and ethical issues based on existing research. Technical stability is required. Also, it is necessary to change the awareness of journalists about the drones coverage and to educate ethics, and it is necessary to establish social public opinion on issues such as privacy violation and establish system and legal measures through it. Future research is expected to carry out empirical research including journalists and public awareness surveys.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.455-492
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• 2009

(Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

• Information Systems Review
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• v.19 no.2
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• pp.185-209
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• 2017

In modern society, crime records have been digitized. Digital information is difficult to distinguish from original information, but the former is easy to modulate. This situation explains the increasing importance of digital forensics. However, digital forensic has several inefficiencies because of the rapid development of technology, unclear jurisdiction, and tool errors. This study surveyed digital forensic specialists and derived the priority of domestic digital forensic issues by redefining 17 issues in digital forensics from Brungs-Jamieson study in Australia. The present study was divided into four groups, namely, police, government and public corporations, private companies, and legal groups. The study could compare and analyze comparative analysis of existing studies in Australia and the US. This study can also examine differences in the results of each group in Korea. Thus, the key issues in Korea were derived as "Requirements to 'Fire Up' Original." The differences of the three groups in terms of legal issues were then identified. This finding enables us to understand differences in priorities and importance between groups and countries.

• Journal of Navigation and Port Research
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• v.38 no.5
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• pp.471-477
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• 2014

In general, a regular charterparty form is used as a charterparty for tugboats which are employed in marine construction and a bareboat charter form is generally used for barge boat charterparty. As the tug-barge charterparty which are currently used do not have a standardised form, contracting parties arbitrarily decide on the terms and conditions of the contract. As a result, provisions of the charterparty usually do not specify in the contract which party bears the burden of liability in case of accident. Furthermore, the terminologies used in the charterparty are different from legal terms of current commercial law which causes confusion. These problems can be solved mostly by clarifying the legal character of the charterparty between the contracting parties and by conforming the terminologies. In addition, endeavour to standardise the contract form must be carried forward at the same time. This research purports to study actual condition of current charterparty for tug-barge ship which are employed to marine construction and to suggest systematic improvement plan. For this purpose, this research focuses on studying cases in which dispute arose due to lack of clarity in the provisions of the contract with regard to which party bears the burden of liability in case of accident. This research also purports to suggest forming the standardised contract terms of the charterparty as one way of solution and examine matters to be attended in writing a standardised form.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.47-79
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• 2019

The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.153-194
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• 2009

The resources of outer space are for the common exploitation of mankind, and it is a common responsibility of mankind to protect the outer space environment. With the rapid development of space science and technology, and especially with the busy space activities of some major space powers, environmental contamination or space debris is steadily increasing in quantity and has brought grave potential threats and actual damage to the outer space environment and human activities in space. Especially We must mitigate and seek out a solution to remove space debris which poses a threat directly to man's exploitation and use of outer space activities in the Low Earth Orbit (LEO) and in the Geostationary Orbit (GEO), through international cooperation and agreement in the fields of space science, economics, politics and law, in order to safeguard the life and property of mankind and protect the earth's environment. While the issue of space debris has been the subject of scientific study and discussion for some time now, it has yet to be fully addressed within the context of an international legal framework. During the earlier stages of the space age, which began in the late 1950s, the focus of international lawmakers and diplomats was the establishment of basic rules which sought to define the legal nature of outer space and set out the parameters for space activities and the nature and scope of activities carried out in outer space were quite limited. Consequently, environmental issues and the risks that might arise from the generation of space debris did not receive priority attention within the context of the development international space law. In recent years, however, the world has seen dramatic advances in technology and increases in the type and number of space-related activities which are being carried out. In addition, the number of actors in this field has exploded from two highly developed States to a vast array of different States, intergovernmental and nongovernmental organizations, including private industry. Therefore, the number of artificial objects in the near-Earth space is continually increasing. As has been previously mentioned, COPUOS was the entity that created the existing five treaties, and five sets of legal Principles, which form the core of space law, and COPUOS is clearly the most appropriate entity to oversee the creation of this regulatory body for the outer space environmental problem. This idea has been proposed by various States and also at the ILA Conference in Buenos Aires. The ILA Conference in Buenos Aires produced an extensive proposal for such a regulatory regime, dealing with space debris issues in legal terms This article seeks to discuss the status of international law as it relates to outer space environmental problem and space debris and indicate a course of action which might be taken by the international community to develop a legal framework which can adequately cope with the complexity of issues that have recently been recognized. In Section Ⅱ,Ⅲ and IV of this article discuss the current status of international space law, and the extent to which some of the issues raised by earth and space environment are accounted for within the existing United Nations multilateral treaties. Section V and VI discuss the scope and nature of space debris issues as they emerged from the recent multi-year study carried out by the ILA, Scientific and Technical Subcommittee, Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space ("COPUOS") as a prelude to the matters that will require the attention of international lawmakers in the future. Finally, analyzes the difficulties inherent in the future regulation and control of space debris and the activities to protect the earth's environment. and indicates a possible course of action which could well provide, at the least, a partial solution to this complex challenge.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.367-418
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• 2018

Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.3-35
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• 2017

For recent years, several disputes between Korean consumers and multinational companies have arisen. Since the disputes were big and material that children's safety was at issue, a question started if Korean law properly has protected consumers' rights against multinational companies. While the Korean legal society tried to legislate punitive compensation with this concern, the U.S. Supreme Court reached an interesting case law regarding consumer contracts. A recent trend on consumer contracts in the United States shows that general terms have arbitration clause with class action waiver. As much as international arbitration has worked as the most effective resolution in international commercial disputes, the concept is still foreign and the experts are not approachable to lay individual consumers. However, class action in arbitration can hugely help for lay individual consumers to bring a case before arbitration tribunal. California courts consistently showed the analysis that the practical impact of prohibiting class action in arbitration clause is to ban lay individual consumers from fighting for their rights. However, the Supreme Court held that the arbitration clause shall be enforced as parties agree even if consumers practically cannot fight for their rights in the end. Even though consumer contracts are a typical example of lack of parity and of adhesive contract, the Supreme Court still applies liberalism that parties are equal in power and free to agree. This case law has a crucial implication since Korean consumers buy goods and services from the U.S. and other countries in everyday life. Accordingly, they are deemed to agree on the dispute resolution clauses, which might violate their constitutional right to bring their cases before the adjudication tribunal. This issue could be more important than adopting punitive compensation because consumers' rights are not necessarily governed by Korean law but by the governing law of the general terms and conditions chosen and written by the multinational companies. Thus this paper studies and analyzes the practical reality of international arbitration and influence of arbitration clause with class action waiver with the U.S. Supreme Court and California case laws.