• Korean Journal of Health Education and Promotion
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• v.29 no.2
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• pp.47-58
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• 2012

Objectives: The purpose of this study is to analyze contents of beer advertisements in Korea. Research has suggested the influence of alcohol advertisements on viewer's drinking behavior, attitude, and expectancies. Korea's policy on alcohol advertising relies on limited government regulation and self regulation among alcohol industries. This study is expected to lay a foundation for further discussion on regulating alcohol advertising in Korea. Methods: A total of 81 beer advertisements broadcasted between 2008 and 2011 were analyzed. The contents were categorized into themes (22 themes were used), models, and presentation techniques. Results: The themes most frequently appeared in beer advertisements were quality (66.7%), relaxation (44%), camaraderie (41%), and individuality (39.5%), respectively. Analysis of models revealed that most advertisements had more than three models (64.2%), and most of them were in their 20s (68%). As much as 82% of advertisements used celebrity models. Analysis on presentation techniques showed that 91.4% displayed drinking scenes, and 27% displayed gulping down the whole bottle or the glass. Finally, about 10% of ads showed drinking in hazardous situations such as during water sports. Conclusion: The results of the study reflect the minimal regulation of alcohol advertising in Korea. The need for joint effort by legislators, researchers, alcohol industries, and advertising agencies is discussed in order to establish healthier drinking environment.

• Health Policy and Management
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• v.25 no.4
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• pp.307-322
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• 2015

In most democratic countries, influential professional interest groups often become a part of the iron triangle in the policy making process. One of the typical methods by which professional interest groups participate in policy making process may be by having interest group members in the national assembly, who are sympathetic to the group, implementing policies through legislation. In this study we found that from the Constitutional National Assembly through the 18th National Assembly, 147 members of the National Assembly of the Republic of Korea have been ex health care professionals. The research analyzed the roles of these members in health care law amendments as requested by the professional organizations. This study analyzed 11 major cases that involved nullification or amendment of legislations in favor of the healthcare profession, against the basic policies of the government. The study showed that in the 11 major cases, policies were amended in the direction intended by the National Assembly members and other organizations with similar interests, which was against the policy stance of the government. However, these cases did not unilaterally imply that the National Assembly has been captured by the interest groups through the legislators with health care professional background; rather, they should be perceived to be influenced by the exhibited loss of governability by the government in respect to healthcare policy decisions, loss of initiative due to lack of controllability, and reversals and inconsistencies of the policies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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• pp.41-71
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• 2005

"UNIDROIT Principles 2004" focused on an enlargement rather than a revision. An additional Section or Chapter so to speak, which are about, the Authority of a Agents, Third Party Rights, Set-off, Assignment of Rights, Transfer of Obligations and Assignment of Contracts, and Limitation Periods have been added, while the only change of substance made to the 1994 Edition, apart from two paragraphs in the Preamble, and three new provisions in Chapter 1 and 2 which are necessary to adapt the Principles to the needs of electronic contracting. The Principles which have the nature of the restatement of international uniform laws (for example CISG) are continuous exercise. Therefore we should note whether in the future our concerns would be on a additional topics on a improvement of the current text by monitoring the reception of the "UNIDROIT Principles 2004" in practice, and the application by contracting parties. The purposes of the Principles may be classified into three ; the rules of law governing the contract, means of interpreting and supplementing international uniform law or domestic law, or models for national and international legislator. Among them, the function of governing law may be applied by the express choice by the parties or by the implied choice like "general principles of law" or "les mercatoria", and it may be applied in the absence of any choice of law by the parties. Among there importance functions, this writer would like to emphasize the function to supplementing international uniform law instruments. The reason is that the CISG which has been established as an international uniform sales act and to which our country would be a contracting State from March, 2005, needs a lot of gap-filling. For this purpose it is advisable the parties to insert following provisions in their contract. "This contract shall be governed by the CISG, supplemented when necessary by the UNIDROIT Principles 2004" Thus success in practice of the UNIDROIT Principles over the last then years has surpassed the most optimistic expectations. It is hoped that the 2004 Edition of the UNIDROIT Principles will be just as favorably received by legislators, business persons, lawyers, arbitrators and judges and become even better known and more widely used throughout the World.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.183-232
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• 1999

The legislative body of The People's Republic of China, the National People's Congress, enacted the first arbitration act in China's history on August 31st, 1994, which took effect on September 1, 1995. The problems revealed through a comparison of China's Arbitration Act with the UNCITRAL model arbitration law were studied as well as the enacting process, background, status and system, important contents, problems of Chaina's Arbitration Act, and the differences between the old arbitration regulations and the new arbitration act. These are all discussed in this paper. The Arbitration Act is the basic act ruling over china's arbitration system: it unified the previously confusing laws and regulations relevant to the arbitration system, and the act brings out fundamental changes in China's domestic arbitration to the level of international arbitration standards. It is possible to view this act as a cornerstone in China's arbitration system. But, as discussed in this paper, there are still a lot of problems with the new act and only a few of the merits which the UNCITRAL model arbitration law has. First, under China's Arbitration Act, parties enjoy autonomy to some degree, but the range of party autonomy, compared to that of the UNCITRAL model arbitration law, is too narrow. Second, because China's Arbitration Act didn't explicitly provide issues which can give rise to debate, a degree of confusion in its interpretation still remains. Third, China's Arbitration Act's treatment of some important principles was careless. Fourth, in some sections, China's Arbitration Act is less reasonable than the UNCITRAL model arbitration law. These problems must be resolved in order to develop China's arbitration system. The best way of resolving these problems for China is to adopt the UNCITRAL model arbitration law. But it is difficult to expect that China will accept this approach, because of the present arbitration circumstances in China. Although it is difficult to accept all the contents of the UNCITRAL model arbitration law, China's legislators and practitioners must consider the problems mentioned in this paper.

• Health Policy and Management
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• v.14 no.3
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• pp.97-121
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• 2004

Recently, human embryonic stem cell research raises exciting public expectation on medical possibilities as well as ethical debate. Embryo management has become an integral part of the management of infertility treatment, researches on embryo and human embryonic stem cells and so on. Britain has permitted the research on stem cells derived from human embryo which made the first nation to allow the cloning of human embryo for the stem cell research. However, new technologies such as the assisted reproductive technologies and human embryonic stem cell research continue to pose an increasing source of ethical dilemmas for physician, scientists, legislators, religious authorities and the general publics to deal with. None the less, the United Kingdom has adopted the most liberal policies regarding human embryo and human embryonic stem cell research. The implication of the British embryo management system are as follows: 1) the development of reproductive technologies and new stem cell research technologies continue to pose legal and ethical debates, since those involve several parties; 2) the UK has taken the legal and institutional approaches to cope with those serious issues; 3) the UK adopted most liberal policies regarding embryonic and human embryonic stem cell researches; 4) the British HFE Act is consistent with the existing Acts related to human embryo management and researches; 5) through amending the HFE Act to accomodate the changes of technologies, the UK try to minimize the legal and ethical burden on undertaking research regarding embryo. The debates about the researches on human embryo and human embryonic stem cells is likely to continue in the Korean society. Because of the controversy and competing ethical values, as well as the evolving technologies, so far no consensus exists in our society. It suggest that it is premature to bring closure by ruling out any particular approaches. Thus our society needs to make an efforts to find a basis which could resolve the societal controversies through enriching the societal conversation about the profound ethical issues regarding embryo management.

• Journal of Physiology & Pathology in Korean Medicine
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• v.26 no.5
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• pp.588-598
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• 2012

The aim of this study is to reflect on the issues of the National Medical Services Law for Korean medicine practitioners (KM practitioners) in Korea, especially those discussed at the Assembly plenary session in 1951. In 1951, the National Assembly wanted to establish the National Medical Services Law (國民醫療法) replacing the colonial medical services law (朝鮮醫療令). Consequently the National Assembly passed the law establishing the license level of KM practitioners equal to that of Western practitioners. But the progress of establishing the law was not easy. There was much dispute over the KM practitioners system amongst the legislators at the Assembly plenary session in 1951. One of the main dispute was about setting the license level of KM practitioners. There were two main positions. One insisted that the license level of KM practitioners should be equal to that of Western practitioners. They had many reasons to support their contended point. From a historical, social, economical, medical and institutional point of view, they argued that the people had needed the KM and thus the new founded Korea had to reflect this situation. The other insisted that the license level of KM practitioners should be below that of Western practitioners. The reason was mainly that the KM was not scientific. This study concludes that the argument of the former was superior to the latter in quantity and quality.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.3-26
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• 2009

This paper is to research on the role of party autonomy in the decision of applicable law for the arbitral proceeding, arbitral award and arbitration agreement, in the decision of the place of arbitration, in the composition of arbitration tribunal, and the choice of arbitral proceedings. The principle of party autonomy is fundamental to arbitration in general and to international arbitration in particular. Generally the tenn of party autonomy is used as the autonomy of the parties to decide all aspects of an arbitration procedure subject only to certain limitations of mandatory law. Party autonomy permits the parties to a commercial arbitration to choose the laws and make the rules which govern the arbitral proceedings. Party autonomy allows the parties freedom to choose the applicable laws for the arbitral proceeding and the place of arbitration. Party autonomy is recognized in relation to the choice of law for the merits of the dispute as well as for the arbitration agreement and the arbitration procedure. On the basis of the recognition of party autonomy in international treaties, national legislation and court decisions, arbitral practice has generally accepted and enforced party autonomy both regarding the procedure and the applicable substantive law. All modern institutional rules of arbitration follow that line. Today it is recognized by national legislators all over the world to the effect that the jurisdiction of national courts can be excluded by arbitration agreement and that the parties may choose the law applicable to arbitral proceedings. Limits on party autonomy are imposed by mandatory provisions of international or national law or of institutional arbitration rules regarding the procedure. Mandatory laws at the place of the arbitration or under any procedural law chosen by the parties may restrict party autonomy. These mandatory laws usually take the form of public policy considerations in the arbitration. Limitations on party autonomy have been reduced more and more, and the trend of modern national as well as international legislation on arbitration leans clearly in the direction of a maximum of party autonomy.

• The Journal of Korean Medicine
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• v.31 no.1
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• pp.112-121
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• 2010

Objectives: The aim of this study was to reflect upon the process of the legislation of the National Medical Services Law for traditional Korean medicine practitioners (TKM practitioners), especially at the Assembly plenary session of 1951. Methods: Various primary sources related to the legislation were examined, especially those in National Assembly Records and newspapers. Results: In 1950, the National Assembly wanted to establish the National Medical Services Law (國民醫療法) replacing the colonial medical services law (朝鮮醫療令), but it ended in failure. So in 1951, the National Assembly tried again. First, legislator Han Gukwon (韓國源), with 83 other legislators, introduced a bill for the new national health care system. The Society and Health (社會保健委員會) and the Legislation and Judiciary subcommittees (法制司法委員會) deliberated on this bill, and each proposed an amendment to the National Assembly. In the process of careful deliberation of these three proposals, the Ministry of Health and legislator Kim Ikgi (金翼基) each came up with a further amendment. Ultimately, Kim Ikgi's amendment was accepted by the National Assembly. According to his proposal, TKM practitioners were titled 'Hanuisa (漢醫師)', and the medical office name of TKM practitioners became 'Hanuiwon (漢醫院)'. Conclusions: The National Medical Services Law passed in 1951 was the beginning of the unique dual national medical license system of Korea. It recognized Western medicine and TKM practitioners equally under the national license system.

• 한국무역상무학회:학술대회논문집
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• 2004.12a
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• pp.9-40
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• 2004

"UNIDROIT Principles 2004" focused on an enlargement rather than a revision. An additional Section or Chapter so to speak, which are about, the Authority of a Agents, Third Party Rights, Set-off, Assignment of Rights, Transfer of Obligations and Assignment of Contracts, and Limitation Periods have been added, while the only change of substance made to the 1994 Edition, apart from two paragraphs in the Preamble, and three new provisions in Chapter 1 and 2 which are necessary to adapt the Principles to the needs of electronic contracting. The Principles which have the nature of the restatement of international uniform laws (for example CISG) are continuous exercise. Therefore we should note whether in the future our concerns would be on a additional topics on a improvement of the current text by monitoring the reception of the "UNIDROIT Principles 2004" in practice, and the application by contracting parties. The purposes of the Principles may be classified into three ; the rules of law governing the contract, means of interpreting and supplementing international uniform law or domestic law, or models for national and international legislator. Among them, the function of governing law may be applied by the express choice by the parties or by the implied choice like "general principles of law" or "les mercatoria", and it may be applied in the absence of any choice of law by the parties. Among there importance functions, this writer would like to emphasize the function to supplementing international uniform law instruments. The reason is that the CISG which has been established as an international uniform sales act and to which our country would be a contracting State from March, 2005, needs a lot of gap-filling. For this purpose it is advisable the parties to insert following provisions in their contract. "This contract shall be governed by the CISG, supplemented when necessary by the UNIDROIT Principles 2004" Thus success in practice of the UNIDROIT Principles over the last then years has surpassed the most optimistic expectations. It is hoped that the 2004 Edition of the UNIDROIT Principles will be just as favorably received by legislators, business persons, lawyers, arbitrators and judges and become even better known and more widely used throughout the World.

• Korean Journal of Legislative Studies
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• v.27 no.3
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• pp.69-106
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• 2021

This paper aims to explain why severe political conflicts and confrontation between the ruling and opposition forces have been continuously caused, focusing on the institutional combination of presidentialism and the two-party system with strong party disciplines, after democratization in South Korea. And this also presents the US as a case in which presidentialism and a two-party system with weak party disciplines were combined once, and the Chile as another case in which presidentialism and a multi-party system with strong party disciplines is combined, respectively, and further analyzes how the chance of consensual politics could be raised in both the countries. In addition, this study suggests a practical implication that, in South Korea also, the political reforms for changes in party system such as the decentralization or democratization in party organizations to enhance the autonomy of individual legislators, or the introduction of runoff system in presidential elections or proportional representation system in parliamentary elections to product a multi-party system, are required for a high chance of consensual politics.