• The Journal of Korean Institute of Electromagnetic Engineering and Science
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• v.28 no.7
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• pp.519-527
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• 2017

The trust issue on the safety of autonomous vehicle is a very important in regard to the demand generation of relevant industries. To secure the trust, The study of legal liability issue should be prior to an accident of the autonomous vehicle. In civil law, it is possible to make the automobile manufacturer take legal responsibility with the "Product Liability Act". Whereas, in criminal law, it is difficult to make him take legal responsibility since the criminal law holds the actor responsible. To solve these problems, this article proposes the establishment of the "Special Act on Autonomous Vehicle". Also, there is a demand for building infra structures and system to operate the (fully) self-propelled vehicle and establishing "certification" systems.

• Journal of the Society of Disaster Information
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• v.10 no.3
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• pp.396-407
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• 2014

In 19th May 2014, the government announced that KCG(Korea Coast Guard) is dissolved regarding responsibility for recently accident which is Sewol ferry disaster. But KCG, a central administrative agency is responsible for protecting maritime sovereignty of South Korea; the most basic and indispensable organization. Furthermore, The purpose of KCG is to provide the safety of the public and keeping of public order by prescribing matters necessary for the securement of maritime security, maintenance of public order and protection of marine resources & facilities. Therefore, In this article, I would like to suggest tentatively named FRAMEWORK ACT ON KOREA COAST GUARD's management plan which could reflect the scope of functions. It means we examine the current state of KCG, and would like to signpost for the most ideal way of legal system in Korea Coast Guard. Finally, this treatise is expected that this research can be a guideline contribute to improving Korea Coast Guard relevant laws even a little.

• Journal of Fisheries and Marine Sciences Education
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• v.26 no.1
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• pp.179-202
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• 2014

This study was carried out to reduce the number of marine accidents on versatile small ships and to minimize the casualties. The study looked into the compulsory education systems regarding embarkation on small ships such as the Korean Marine Officers Act, conducted a survey targeting on the education receivers to suggest problems, and drew a conclusion. Conclusions are as follows. First, it is needed to give education opportunities in the system by increasing the recipients of the Ships Officers Act, and to simplify the compulsory education by separating similar courses from the education regulated by the Korean Marine Officers Act, and by establishing integrated courses suitable to each size and facility of ships. Second, in cases where the compulsory education courses of different purpose of ships by other legislations are similar, it is necessary to expand the scope of the inter-education so that corresponding year's education is exempted. Third, by classifying the education ares, the education courses should be based on case studies and the audiovisual or field education that correlates relevant expertise should be managed within a reasonable time frame. Fourth, it is needed to enhance the education effect by converting the regular education courses to practical courses by different ships for safe navigation, and is also needed to review the system so that special courses for safe navigation can be carried out in each region on a regular basis by expanding both human and financial support of special institutions.

• The Korean Journal of Archival Studies
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• no.63
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• pp.269-299
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• 2020

It becomes possible to conserve and manage the records also which the Head of Archives(National Archives of Korea) designated at the Records Center(Special Records Center) based on the amendment of the Article 30 of the Enforcement Ordinance of the Public Records Management Act on Nov. 2014. However, the right for the decision for above is given to the National Archives of Korea and other operation and preservation management system different with existing ones such as that relevant Records Centers prepare preservation countermeasure of subject for the amendment and additionally perform all sorts of works about the management should be prepared when the amendment treatment is executed. However, there is only the contents about the change of the preservation place is regulated in the Enforcement Ordinance of the Public Records Management Act and no legal basis to support the repositories for these change, so additional improvement is necessary. In this paper, present condition of preservation place change of the National Archives of Korea and the operation condition of relative records centers and suggest the supplementary and improving items with the Public Records Management Act.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.249-293
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• 2012

Inter-hospital transfer, depending on its medical and legal appropriateness, affect the prognosis of patients and can even lead to legal disputes. As Emergency Medical Service Act, any physician shall, in case where deemed that pertinent medical service is unavailable for such patient with the capacities of the relevant medical institution, transfer without delay such patient to another medical institution where a pertinent medical service is available. For medico-legally appropriate inter-hospital transfer, the head of a medical institution shall, in case where he transfers an emergency patient provide medical instruments and manpower required for a safe transfer of the emergency patient, and furnish the medical records necessary for a medical examination at the medical institution in receipt of such patient. And transfer process must comply with the requirements prescribed by executive rule such as attachment of the referral, provision of ambulance, fellow riders and informed consent of transfer. Those engaged in emergency medical service shall explain an emergency medical service to an emergency patient and secure his consent. In addition to the duty to inform about emergency medical service to the patient and his or her legally representative, there is also a duty for doctors to sufficiently explain to the patient and his or her legally representative during inter-hospital transfer that the need for the transfer, the medical conditions of the patient to be transferred and emergency treatment that will be provided by the hospital from which the patient is going to transferred. Likewise, the hospital to which the patient is transferred must be thoroughly informed about matters such as the patient's conditions, the treatment the patient was given and reasons for transfer by transferring doctors.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.11-38
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• 2009

"Bioethics" may have various meanings depending on its roles. It may mean professional ethics for scientists and physicians, etc. It may also mean an academic discipline using interdisciplinary approach as well as a philosophical or a legal approach. "Bioethics" as an interdisciplinary study should often deal with public policy on bioethical issues. I call this role bioethics as a study of bioethics policy, which has to be developed as a new discipline. From this perspective, I deal with bioethical issues relevant to a human life before birth. There are various and often conflicting arguments about the moral status of a human life before birth such as the fertilization argument, the argument of genetic identity, so-called the "14 days" argument focusing on the formation of primitive streak, the argument of sentient being, and Michael Sandle's argument of an embryo as a being between a thing and a person. I argue that each of them is reasonable. Thus we are faced with reasonable disagreement on the views over whether a human life before birth has the same right to life as that of a person or whether right to life may be considered to be a matter of degree. If we acknowledge reasonable disagreement, as John Rawls pointed out, we should tolerate the views from ours in a plural society. Therefore, we cannot help making a policy that allows abortion and embryonic research with some limitations. When we say a certain act is morally permissible, "moral permissibility" does not mean that the act is morally right for all. Rather it means that the act cannot help being morally allowed for some persons although the others do not believe its moral rightness because they cannot right now rationally persuade others to accept their view.

• The Journal of Korean Physical Therapy
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• v.34 no.2
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• pp.80-89
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• 2022

Purpose: In Japan, the long-term care insurance and health insurance acts have stipulated the visiting rehabilitation system to provide support at the national level. The prior case of Japan would provide guidelines for seeking a suitable policy direction in South Korea. This study aims to examine the historical transition process of the visiting rehabilitation system in Japan, and the issues that emerged in the process of the institutionalization of this system. Methods: To examine the historical transition process of the system, the regulations announced by the government and their reports were reviewed. The relevant issues were qualitatively analyzed based on the opinions of scholars, therapists, and interested organizations that were reported in published papers on the topic. Result: The visiting rehabilitation system has been implemented in the following chronological order: The Health and Medical Service Act for the aged (1982-2006), the Health Insurance Act (1988-), and the Long-term Care Insurance Act (2000-). Currently, visiting rehabilitation is provided through hospitals, clinics, visiting nursing stations, etc. The following issues came to the fore in the process of the institutionalization of the system: (1) the complexity of the system, (2) the necessity of changing perceptions into a life model approach, (3) insufficient service provision by therapists, (4) the lack of human resources and an education system, (5) the lack of awareness of care managers and doctors about visiting rehabilitation, and (6) the necessity of quality enhancement through a team approach. Conclusion: It is deemed worthwhile to refer to the visiting rehabilitation system in Japan and the issues that emerged in the process of institutionalizing the system while seeking a policy direction for a similar system in South Korea.

• Journal of Cadastre & Land InformatiX
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• v.52 no.2
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• pp.5-16
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• 2022

Since 1910 the enactment of the Land Survey Act, Special Act on Cadastre Resurvey was enacted after about a century and the Surveying for the Cadastral Resurvey Project will be scheduled by 2030. The establishing boundaries occupies an important proportion in this project and the regulation on surveying for the cadastral resurvey provide specific examples of the criteria for it. This regulation can be set according to not only ground boundary and cadastral boundary, but also customary boundaries of the relevant region and boundaries agreed between landowners. However, there is no standard rule whether to accept the agreement boundary and can be abused some problems. In addition, there is a question about the subject that agreement between individuals on the public record managed by the nation. In this study, boundary agreed in cadastre related subject is examined in depth and improvement proposal about the problems. The research results can be established evaluation standard of competent authorities of the cadastral records and the Surveying for the Cadastral Resurvey Project will be progressed smoothly with effective use of land.

• The Journal of the Convergence on Culture Technology
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• v.10 no.1
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• pp.533-538
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• 2024

The risk assessment under the Occupational Safety and Health Act was implemented in 2013, but since it is not mandatory, companies are operating it as a formality. Although legal obligations have been strengthened, such as the recent comprehensive revision of the Occupational Safety and Health Act and the enforcement of the Act on Punishment for Serious Accidents, the death rate has remained stagnant. Even if a risk assessment plan is properly established in order for employers to prevent industrial accidents through necessary measures, it is necessary to involve relevant workers so that they can understand and implement the contents of the risk assessment. In this regard, this study proposed applying efficient worker participation measures through on-site surveys to activate the participation of vulnerable workers in risk assessments. Key words : risk assessment, accident prevention, vulnerable class, worker participation

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.225-266
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• 2018

In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.