• Korean Journal of Legislative Studies
• /
• v.15 no.1
• /
• pp.237-260
• /
• 2009

This article deals with the problem, of wether the change of party discourse influences the change of the political finance system and the change of political finance system again effects the political discourse. The political finance and state funding system for parties in Germany is a product of political debate and conflict from the 1960's to th 1990's. The introduction of the state funding system faced critical public opinion at the beginning, and the German parties have initiated a discourse building process as the initiator role and major actor. The state funding system for parties has changed three times and shows, how the constitutional interpretation became dominant in parliament and the constitutional court, which considers a party as a fundamental and essential institution in a democratic system.

• The Korean Society of Law and Medicine
• /
• v.20 no.1
• /
• pp.3-24
• /
• 2019

This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

• The Korean Society of Law and Medicine
• /
• v.23 no.1
• /
• pp.3-33
• /
• 2022

In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

• Journal of the Korea Institute of Construction Safety
• /
• v.5 no.1
• /
• pp.17-24
• /
• 2023

The purpose of this study is to clearly recognize critical issues and to suggest relevant solutions for the issues since too many deaths and injuries due to industrial accidents has been going on for a long time, also the deaths of workers is a problem that affects not only one person's death but also many people connected with it and society as a whole. And the need for a strict Serious Accidents Punishment Act is sympathetic. However, the current Severe Accident Punishment Act is not welcomed by both labor and management due to its ambiguity, and it is suggested that the punishment and legislative content of the management manager who violated the duty to ensure safety and health is abstract and the level of punishment is excessive. In addition, due to the ambiguous part of the management manager's interpretation and serious industrial accidents, most companies appoint large law firms to receive legal interpretation and advice, so only law firms are getting full, and the cost that companies invest to protect the CEO is actually a safety accident. It is suggested that the current enforcement ordinance, which has ambiguity, needs to be revised because it must be entered into as a preventive cost.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.26
• /
• pp.3-34
• /
• 2005

This thesis is in focus on keeping int'l businessman in mind application of CISG to perform smoothly in the their oversea's trade in accordance with taking effect on ratification of it from first, March, 2005. First of all, they have to keep in mind that it is possible to fall within the sphere of application of CISG of their contracts made between parties whose places of business are in different countries or although they have their places of business in different contracting states, if rules of private int'l law imply or express to the application of law of contracting state. Therefore in order to avoid confusion about whether apply or not, it is necessary to customize application of CISG as a proper law of their contracts. If so, they can avoid problem of requirements as to forms and any other requirement as to forms. Secondly they must attend the use of the legislative history of CISG and the use of the int'l case law and various scholarly thesises that studied on CISG such as information of Institute of Int'l Commercial Law under School of Law, PACE University. If so, problems which can give a rise in connection with interpretation of a basic and important terminology of CISG will be successfully conquest. In addition to above mentioned attentiveness, they must keeping in mind that various problems in connection with application of provisions of CISG can give their oversea's business a obstacle. buy the way of precaution against this case, they have to collect and analyze various materials about CISG.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.77
• /
• pp.285-304
• /
• 2018

With the development of market economy, it has been a legislative trend to establish a system for vicarious liability of employers. China also established Tort Liability Law of People's Republic of China in 2009 and ruled responsibility of the employers for the acts for their employees through Art. 35. First, the employer's right to indemnity to an employee should be recognized, because employer's superintendence is much weak and economic power is similar between them. Second, an employer should take a responsibility for an unpaid employee as vicarious liability, because the Law did not exclude them from employees. Lastly, in case the Law conflicts with Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in Trying Cases Involving Compensation for Personal Damage, the Law should be regarded it has priority based on several related Principles. Regarding these matters, this study guides you to an analysis of vicarious liability of employers in China, benefits with a view to the perfection of the vicarious liability regime.

• International Commerce and Information Review
• /
• v.6 no.1
• /
• pp.249-265
• /
• 2004

In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

• Management & Information Systems Review
• /
• v.4
• /
• pp.611-629
• /
• 2000

In the legislation interpretation and fundamental viewpoint about the legal system of insider trading, Japan strictly legislate under the proposition, the principle of 'nulla poena,' adopted 'the principle of limited enumeration,' and United states, under 'the principle of comprehension,' has entrusted courts with establishment of concrete concepts and standard, so the courts are very flexible in determining the range of insiders and the importance of inside information to show a strong will to eradicate insider trading. Korea has a legislative position of 'the principle of limited indication' which has been created by the negotiation between those principles of United states and Japan. Though this court has interpreted insider trading, insider trading using non-disclosed information has increased lately, needing the strengthening of its regulations. However, this shows us that sophisticate the regulations may be, the exposure of insider trading has limitations. The most important thing is to change recognition for transparency of the securities market, security of investors and to establish the atmosphere which is that fair stock trading made in a sound capital market to raise funds for corporation. The policies of improving unfair trading, self-regulation bodies, raising the transparency and legality of procedures of supervision and monitoring and applying 'compliance program' to stock companies are very needed to eliminate unfair trading in the securities market and establish the order of trading.

• Journal of Environmental Health Sciences
• /
• v.45 no.4
• /
• pp.310-320
• /
• 2019

Objectives: The purpose of this study is to identify the causes of the retardation of administrative relief under the Special Act on Remedy for Damages Caused by Humidifier Disinfectant and to suggest the systematic refurbishment of this act for the quick and fair of relief of damages. Methods: This study was conducted through the application of the case study, literature review and systematic interpretation of law methods. Results: The disease subject to administrative relief under the Special Act is defined as health damage causally associated to a substantial degree with exposure to humidifier disinfectant. This definition is a strict requirement in light of the legislative purpose of prompt and fair relief of damages. Furthermore, the damage relief committee established under the Special Act judged causal relationships according to a rigorous standard in terms of medical certainty. This medical evidence-based judgment is a result of the committee's failure to understand the normative meaning and function of a causal relationship as an outcome of inference based on empirical rules and common sense. Conclusions: Humidifier disinfectant health damage should be defined as a health-related injury capable of occurring or deteriorating after exposure to humidifier disinfectant (HD). If the fact that a particular injury occurred or worsened after exposure to HD was found, then the damage can be presumed as being caused by HD. However, this might not be the case when the injury was considered to have occurred or been exacerbated entirely due to other factors.

• Korean Journal of Health Education and Promotion
• /
• v.3 no.1
• /
• pp.29-42
• /
• 1985

The purpose of this study was to evaluate the educatconal function of the health related articles. The health articles of the four major daily newspapers from Jan. 1st, 1980 to Dec. 31th, 1984 were used and examined for the study. Editorials were excluded. The major results were summarized as follows: 1. The total number of the health articles subjected to the study in the four major daily newspapers was 4,431. On the whole, the health articles were appeared most frequently in 1981. As for monthly distribution, the health articles were appeared most frequently on June.(9.3%). As for weekly distribution, the health articles were appeared most frequently on wednesday and saturday(50.8%). As for the subjects of content; the health articles related to the health & disease management were appeared most frequently(52.8%), but the health articles on industrial health were showed least frequently(0.6%). 2. Reviewing the chronological trend of the health articles, the frequency of appearance of the public health administration was tended to increase year by year, whereas that of enviornmental health, industrial health and population decrease relatively. As for appealing method, it was observed that the articles providing health information were steadily increasing. As for the motives of writing the health articles, there was a tendency that seasonal motive, symphosium & seminar and compaign were increasing, but motive of legislative action and administrative action were gradually decreasing. As for type of the health articles, it was observed that interpretation and research result were steadily increasing. As for the writer of the health articles, there was a tendency that writing by reporter was increasing, whereas writing by experts was decreasing. As for tone of head, the health articles written by identification statement was tended to increase. As for the appearance of photograph & cut, it was observed that the health articles excluding photograph & cut were increasing. 3. When contents were analyzed by subjects, for the purpose of providing information was used most frequently as appealing method for all subjects. As for the motive of writing, "from the interest of writers" was most frequent. As for the type of articles, interpretation type was most prevalent for the public health administration, enviornmental health, food hygrene & nutrition, population and health behavior, while contribution by experts was most frequent for the health & disease management. As for the size of articles, all subjects except the population were appeared most frequently on the column. size between 100㎠ and 199㎠.