• Title/Summary/Keyword: the First Amendment

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A Study on Counseling Process and Counseling Techniques Applying Analytical Psychology (「독거노인 종합지원대책」에 나타난 제도적 지원의 문제점 및 해결방안에 관한 연구)

  • Lee, Chuck-He;Noh, Jae-Chul
    • Industry Promotion Research
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    • v.5 no.3
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    • pp.73-79
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    • 2020
  • This study aims to study the problems and solutions of institutional support for the elderly living alone, focusing on the General Support for Living Alone Elderly announced by the Ministry of Health and Welfare in 2018. Results, First, a customized support system for the elderly living alone should be introduced. In order to improve the life satisfaction of the elderly living alone, it is necessary to develop a program that meets the most basic daily life needs, and a specific plan and a support system to link services should be prepared. Second, it is necessary to increase social interest in the elderly living alone. Solving problems for the elderly living alone should be preceded by social interest in the elderly living alone. For this, it is necessary to strengthen the social network. Third, it proposes legislation and amendment for the elderly living alone. Some revisions of existing laws have limitations, and are resolved through individual laws, such as standards and definitions for various types of elderly jobs, reorganization of the delivery system including agencies dedicated to elderly jobs, workers-related regulations, and preferential purchase systems for senior products. It is desirable to do. In conclusion, welfare support for the elderly living alone should be comprehensive and comprehensive. For the welfare of the elderly living alone, personalized care services should be provided first, and social support for the elderly living alone should be promoted on the basis of increasing social interest, and laws and revisions must be actively and proactively made for the elderly living alone.

American Culture at the Crossroad : Debates over NEA(National Endowments for the Arts) (미국 문화, 그 기로에 서서 - NEA(국립예술진흥기금)를 둘러싼 논쟁 중심으로)

  • Kim, Jin-A
    • The Journal of Art Theory & Practice
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    • no.4
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    • pp.33-56
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    • 2006
  • The cultural debates between conservatives and liberals at the end of the 1980s and in the early 1990s were termed as "culture wars." The "culture wars" involved a diverse range of controversial issues, such as the introduction of multicultural curricula in educational institutions, prayers in schools, whether to allow gays to serve openly in the military, and whether abortion should be permitted. The most heated debates of the "culture wars" regarding art raged over the NEA and the question of whether Andres Serrano's works should have been publicly funded, in addition to the exhibition "Robert Mapplethorpe: The Perfect Moment" which were charged as projecting "obscene" or "blasphemous" images. This paper examines the development of culture wars in art and focuses on several issues invoked by the NEA debates. However, it is not a detailed chronological investigation. Rather it pays attention to the several phases of the debates, analyzing and criticizing the clashes of the political and esthetical points of views between conservatives and liberals. How could NEA funding, a mere fraction of the federal budget, have become so critical for both sides(conservative and liberal), for politicians and artists' groups, and for academics and the general public? The art community was astounded by this chain of events; artists personally reviled, exhibitions withdrawn and under attack, the NEA budget threatened, all because of a few images. For conservative politicians, the NEA debate was not only a battle over the public funding of art, but a war over a larger social agenda, a war for "American values and cultures"based on the family, Christianity, the English language, and patriarchy. Conservative politicians argued the question was not one of "censorship" but of "sponsorship," since the NEA charter committed it to "helping museums better serve the citizens of the United States."Liberals and art communities argued that the attempt to restrict NEA funding violated the First Amendment rights of artists, namely "free speeches." "No matter how divided individuals are on matters of taste," Arthur C. Danto wrote, "freedom is in the interest of every citizen." The interesting phase is that both sides are actually borrowing one another's point of view when they are accompanied by art criticism. Kramer, representative of conservative art critic, objected the invasion of political contents or values in art, and struggled to keep art's own realm by promoting pure aesthetic values such as quality and beauty. But, when he talked about Mapplethorpe's works, he advocated political and ethical values. By contrast, art experts who argued for Mapplethorpe's works in the Cincinnati trial defended his work, ironically by ignoring its manifest sexual metaphor or content although they believed that the issues of AIDS and homosexuality in his work were to be freely expressed in the art form. They adopted a formalistic approach, for example, by comparing a child nude with putti, a traditional child-angel icon. For a while, NEA debates made art institutions, whether consciously or unconsciously, exert self-censorship, yet at the same time they were also producing positive aspects. To the majority of people, art was still regarded as belonging to the pure aesthetic realm away from political, economical, and social ones. These debates, however, were expanding the very perspective on the notion of what is art and of how art is produced, raising questions on art appreciation, representation, and power. The interesting fact remains: had the works not been swiped in NEA debates, could the Serrano's or Mapplethorpe's images gain the extent of power and acceptance that it has today?

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1970 UNESCO Convention on the Illicit Trafficking of Cultural Property and its Legal Implementations in the Republic of Korea (문화재 불법 거래 방지에 관한 1970년 유네스코 협약의 국내법적 이행 검토)

  • Kim, Jihon
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.274-291
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    • 2020
  • This year is the 50th anniversary of the adoption by UNESCO in 1970 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (the '1970 Convention'). Since its ratification of the 1970 Convention in 1983, the Republic of Korea has domestically implemented the Convention through its Cultural Heritage Protection Act, which was first enacted in 1962. This is a different form of implementation than is normally used for other UNESCO Conventions on cultural heritage, in that the Republic of Korea has recently adopted special acts to enforce the 2003 Convention for the Safeguarding of Intangible Cultural Heritage and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. In addition, the 1970 Convention has been developed further through the introduction of new Operational Guidelines in 2015 for the concrete enforcement of the Convention, which has provided momentum for the Republic of Korea to analyze its current national legislation related to the 1970 Convention as well as consider its amendment in the future. Overall, the Cultural Heritage Protection Act of the Republic of Korea effectively reflects the duties of States Parties under the 1970 Convention. These include measures to introduce export certificates, prohibit the import of stolen cultural property, return other state parties' cultural property, and impose penalties or administrative sanctions in the event of any infringements. Indeed, the Republic of Korea's implementation of the 1970 Convention was introduced as an example of good practice at the Meeting of State Parties in 2019. However, changes in the illegal market for cultural property and development of relevant international law and measures imply that there still exists room for improvement concerning the legal implementation of the 1970 Convention at the national level. In particular, the Operational Guidelines recommend States Parties to adopt legal measures in two respects: detailed criteria for due diligence in assessing bona-fide purchasers, referring to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, and measures to address the emerging issue of illegal trade in cultural property on internet platforms. Amendment of the Cultural Heritage Protection Act and other relevant laws should be considered in order to duly reflect these issues. Taking that opportunity, concrete provisions to facilitate international cooperation in respect of the implementation of the 1970 Convention could be introduced as well. Such measures could be expected to strengthen the Republic of Korea's international legal cooperation to respond to the changing environment regarding illicit trafficking of cultural property and its restitution.

Changes of Soil Properties through the Remediation Processes and Techniques for the Restoration of Remediated Soils (오염 토양 정화공정에 의한 토양의 특성 변화 및 정화토의 회복기술)

  • Lee, Sang-Woo;Lee, Woo-Chun;Lee, Sang-Hun;Kim, Soon-Oh
    • Economic and Environmental Geology
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    • v.53 no.4
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    • pp.441-477
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    • 2020
  • There have been raised other environmental issues related to remediated soils piled up in numerous carry-out processing facilities because a considerable quantity of them have been produced every year, but most of them have not been relevantly reused or recycled. Thus, this article reports the trend of researches on the development of techniques to restore the quality of remediated soils to activate their reuse and recycling. Firstly, the tendency of change in soil properties through remediation processes was looked over, and then the degradation of soil quality was characterized according to the type of remediation processes. Besides, the direction of policy to promote the reuse and recycling of remediated soils was introduced, and finally, the future works needed were suggested. This article was prepared based on the results of the survey of domestic and foreign literature. A number of literature were reviewed to scrutinize the change of soil properties due to remediation processes and diverse techniques for the amendment and restoration of remediated soils. Furthermore, the policies related to the reuse and recycling of remediated soils were arranged with the reference of the first and second versions of the Soil Conservation Master Plan of Korea. The literature survey focused on three kinds of remediation technologies, such as land farming, soil washing, and thermal desorption, which were most frequently used so far in Korea. The results indicate that the tendency of change in soil properties was significantly different depending on the type of remediation processes applied, and the degradation characteristics of soil quality were also totally different between them. The soil amendment and restoration can be categorized as three techniques depending on the type of substances used, such as inorganic, organic, and biological ones. Diverse individual materials have been used, and the soil properties improved or enhanced were dependent on the type of specific materials utilized. However, few studies on the restoration of soil qualities degraded during the remediation processes have not been carried out so far. The second Soil Conservation Master Plan states the quality certification and target management system of remediated soils, and it is expected that their reuse and recycling will be facilitated hereafter. With the consideration of the type of remediation processes implemented and public utility, the restoration technologies of remediated soils should be developed for the vitalization of their reuse and recycling. Besides, practical and specific measures should be taken to support the policy specified in the second Soil Conservation Master Plan and to promote reuse/recycling of remediated soils.

A Study on the Legal Issues in Space Tourism (우주여행의 법적문제에 대한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.215-239
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    • 2011
  • We are now entering the era of Commercial Space Transportation with the rapid commercialization of space. Commercial Space Tourism will be realized first of all in the commercial space transportation and the spacecraft is developing for it led by private enterprise such as Virgin Galatic and XCOR Aerospace. The spacecraft for space tourism is developed as Reusable Launch Vehicle(RLV). RLV Spaceship I & II manufactured by the Scaled Composites for Virgin Galatic had completed experimental flight successfully and is going to put to the operation for space travel around the year 2012. In our country, Yecheon Astro-Space Center located in Yecheon, Kyungbuk Province, signed a binding-MOU with XCOR Aerospace and going to start space travel in the year 2013 with the spacecraft LYNX MARK-II. Thus, now space travel has become a reality to us. But it is also reality that there's no study by legal basis preparing for the space tourism domestically and internationally. In this regards, this thesis dealt with legal issues related to space tourism. These are as follows : (1) the applicabe law issue that is which law between air law and space law will apply, (2) the status of space tourist issue that is space tourist can be considered as personnel of a spacecraft and/or space flight participant and has the duty to obey the order of the captain of spacecraft, (3) the responsibility of the government for the non-governmental entities such as private enterprise which involved in space tourism in case space accident occurs during the space travel, (4) license permit and supervision issue by the government (In this point, for activating the market of the space tourism, I think it is essential to guarantee the safety of the spacecraft by the government authority, though U. S. government declared that it has not certified the launch vehicle as safe for carrying crew or space flight participants), (5) registration issue, (6) space insurance issue. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and New IGA of 1998 and concluded that uniform legal regime to govern these issues should be established domestically and internationally in the near future.

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Analysis the Appropriate Schedule for the Installment Payment Amount and Establishment of the Post sale System and Policy in the Apartment Construction (공동주택 건설사업에서 후분양의 제도 및 정책 수립을 위한 분담금 납부 적정시기 분석)

  • Yoon, Inhwan;Bae, Byungyun
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.4
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    • pp.59-65
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    • 2021
  • Since the 2016 "Housing Act Partial Amendment" and the "2018 Housing Comprehensive Amendment Plan", interest in the pre sale system and post sale system of apartment houses has been on the rise. In order to compare the advantages and disadvantages of the pre sale system and the post sale system of apartment houses, and to establish the basis for the institutional policy of the post sale system, a questionnaire survey method was used for tenants of the apartment house from the public side, and issues of time and cost. The time series analysis method is intended to suggest an appropriate time for payment of contributions. Accordingly, through a review of existing theories and literature, the post sale system of public and private institutions was organized, and through a questionnaire survey, the path to securing pre sale money, product information of the model house, and the degree of awareness of the effect of the post sale system were investigated. For the post sale fund support and payment method, it is necessary to increase the commercial line for existing financiers from the user's point of view, and it is necessary to operate in consideration of the economic power of the pre sale market by region. Both 60% post sale and 80% post sale have a price range of up to KRW 10 million, and the total interest rate is 5.0%, and the annual interest rate is about 2.8% for 60% post sale, and about 2.1% for 80% post sale, which is lower than the current 3.1%. I need an interest rate. The research is a perception survey targeting a total of 5,213 households in a sample of after sale apartments in public institutions. As the actual values are analyzed using a time series on the effects of market supply and demand and market prices, there is a limit to applying them to prospective residents of private apartments. In addition, to respond to first time tenants, a questionnaire survey was conducted on five complexes that have moved in within the last five years.

Problems on the Door to Door Application of International Air Law Conventions (국제항공운송협약의 Door to Door 운송에의 적용에 관한 문제점)

  • CHOI, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.78
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    • pp.1-29
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    • 2018
  • This article demonstrates that both the Warsaw Convention Systemand the Montreal Convention are not designed for multimodal transport, let alone for "Door to Door" transport. The polemic directed against the "Door to Door" application of the Warsaw Convention systemand the Montreal Convention is predominantly driven by the text and the drafting philosophy of the said Contentions that since 1929 support unimodalism-with the rule that "the period of the carriage by air does not expend to any carriage by land, by sea or by inland waterway performed outside an airport" playing a profound role in restricting their multimodal aspirations. The drafters of the Montreal Convention were more adventurous than their predecessors with respect to the boundaries of the Montreal Convention. They amended Art. 18(3) by removing the phrase "whether in an aerodrome or on board an aircraft, or, in the case of landing outside an aerodrome, in any place whatsoever", however, they retained the first sentence of Art. 18(4). The deletion of the airport limitation fromArt. 18(3) creates its own paradox. The carrier can be held liable under the Montreal Convention for the loss or damage to cargo while it is in its charge in a warehouse outside an airport. Yet, damage or loss of the same cargo that occurs during its surface transportation to the aforementioned warehouse and vice versa is not covered by the Montreal Convention fromthe moment the cargo crosses the airport's perimeter. Surely, this result could not have been the intention of its drafters: it certainly does not make any commercial sense. I think that a better solution to the paradox is to apply the "functional interpretation" of the term"airport". This would retain the integrity of the text of the Montreal Convention, make sense of the change in the wording of Art. 18(3), and nevertheless retain the Convention's unimodal philosophy. English courts so far remain loyal to the judgment of the Court of Appeal in Quantum, which constitutes bad news for the supporters of the multimodal scope of the Montreal Convention. According the US cases, any losses occurring during Door to Door transportation under an air waybill which involves a dominant air segment are subject to the international air law conventions. Any domestic rules that might be applicable to the road segment are blatantly overlooked. Undoubtedly, the approach of the US makes commercial. But this policy decision by arguing that the intention of the drafters of the Warsaw Convention was to cover Door to Door transportation is mistaken. Any expansion to multimodal transport would require an amendment to the Montreal Convention, Arts 18 and 38, one that is not in the plans for the foreseeable future. Yet there is no doubt that air carriers and freight forwarders will continue to push hard for such expansion, especially in the USA, where courts are more accommodating.

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A study on the Laws and Regulations of the Medical and Pharmaceutical System in Korea from the Modern Period to the Early Days of the Republic - Focusing on the Establishment of the Dualistic Medical and Pharmaceutical System - (근대부터 건국 초기까지의 의약체계 법령 고찰 - 이원적 의약체계 정립을 중심으로 -)

  • Eom, Seok-Ki;Kang, Bong-Seok;Kwon, Soon-Jo
    • The Journal of Korean Medical History
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    • v.26 no.2
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    • pp.9-21
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    • 2013
  • Purpose : The purpose of this study was to analyze the history and characteristics of laws and regulations of the medical and pharmaceutical system in Korea-focusing on the Korean (Oriental) medical and pharmaceutical system-from the modern period to the early days of the Republic. We reviewed how traditional notions and categories of Oriental medicine, which were regarded as experiential and conventional, became part of the current dualistic medical and pharmaceutical system, and examined problems and effects during the course of positioning. Methods : We classified the development of the medical and pharmaceutical laws and regulations chronologically, from the Korean Empire to the beginning of the Republic. The abolishment of the traditional medical system that was based on laws and regulations of the Joseon Dynasty, the implementation of dualistic medical system in the Korean Empire, the attempt to demolish Korean (Oriental) medicine under the Japanese colonial rule, and the process of developing a statute-based continental law system were thoroughly reviewed. Results : Although the dualistic medical system was specified in legislation via the enactment of the National Medical Services Law in 1951, we found that it was actually enacted in 1963, when the laws and systems regarding the educational institution of Korean (Oriental) medicine were stably established. Moreover, the dualistic pharmaceutical system was specified in legislation through the partial amendment of the Pharmaceutical Affairs Act in 1994, but we concluded that the actual enactment was rather in 2000, when the first Korean (Oriental) pharmacist was produced. Discussions and conclusions : An effort to establish a dualistic medical system of Korean (Oriental) medicine and Western medicine during the Korean Empire bore fruit a few decades later, after the Republic of Korea was founded. It means the basis for the legal system finally took shape in spite of the numerous attempts during the Japanese colonial era and the beginning of the Republic to abolish Korean (Oriental) medical and pharmaceutical system.

Comparative Study of the Requirements for the Buyer's Right to Require Delivery of Substitute Goods under the CISG and the Korean Civil Act

  • Lee, Yoon
    • Journal of Korea Trade
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    • v.26 no.1
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    • pp.81-98
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    • 2022
  • Purpose - This study aims to compare the requirements under the United Nations Convention on Contract for the International Sales of Goods (CISG) and the Korean Civil Act (KCA) regarding the buyer's right to require the delivery of substitute goods. The buyer's right to demand substitute delivery not only protect them from the seller's breach of contract but also preserves the contractual bond between the parties by providing an opportunity for sellers to protect their goodwill and circumvent the extreme remedy of avoidance. However, as substitute delivery entails additional efforts and costs for return and re-shipment, this right should not be allowed in every case of defect. Additionally, unlike the CISG, the KCA contains no specific provision related to the requirements for claiming substitute delivery. Therefore, it would be meaningful to examine and compare what requirements should be fulfilled before the buyer exercises the right in relation to non-conforming goods under the CISG and the KCA. Design/methodology - We conducted a comparative study of the requirements under the CISG and the KCA regarding the buyer's right to require delivery of substitute goods given a seller's delivery of non-conforming goods. Additionally, we referred to the opinions from the CISG Advisory Council, the draft of the KCA amendment, and related precedents, mainly focusing on the existence and severity of defects, reasonableness, and timely notice and requests as the major requirements for substitute delivery. Findings - The results of this study can be summarized as follows: First, the CISG provides more detailed requirements about the right to require delivery of substitute goods; by contrast, the KCA does not stipulate any such requirement. Thus, specific requirements for substitute delivery should be included when amending the KCA. Second, the CISG attempts to minimize overlapping and conflict with other remedies by specifying detailed requirements for the delivery of substitutes. Third, both the CISG and KCA require reasonableness for substitute delivery. Originality/value - Although there are no explicit legal requirements for substitute delivery under the KCA, there has been relatively little discussion of this issue to date. Therefore, the findings of our study can guide future revisions of the KCA to fill this loophole. Moreover, the recently released CISG Advisory Council opinion that clarifies the continuing confusion and debate, can help distinguish which remedy is suitable for a particular case. It may provide practical advice for businesspeople in international trade as well as legal implications for the future development of the KCA.

Cancer Registration in Korea: The Present and Furtherance (암 등록사업의 현황과 추진방향)

  • Ahn, Yoon-Ok
    • Journal of Preventive Medicine and Public Health
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    • v.40 no.4
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    • pp.265-272
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    • 2007
  • It was not until 1975 that cancer registration was initiated in Korea; voluntary registration of cancer patients of training hospitals throughout the country began under the auspices of the Korean Cancer Society(KCS). However, an official cancer registration, the Korea Central Cancer Registry(KCCR), began on July 1st, 1980. Forty-five training and two non-training hospitals throughout the country initiated registration of patients in whom neoplasms had been found. Data related to case information specified are to be sent to the KCCR at the National Medical Center(it moved at National Cancer Center in 2000). The initial cancer registration of KCS was merged to the KCCR in 1980. Although the KCCR covers most all the large training hospitals in Korea, it cannot provide incidence data. It is, however, the only of its kind in the world, being neither hospital nor population based. The first population based cancer registry(PBCR) was launched in a small county, Kangwha(it has around 80,000 inhabitants), by Yonsei University Medical College in 1983. All data were collected by active methods, and incidence statistics for 1986-1992 appeared in Vol VII of the CI5. Another PBCR, Seoul Cancer Registry(SCR), started in 1991. It was supported by a civilian foundation, the Korean Foundation for Cancer Research. The basic idea of case registration of SCR was the incorporation of KCCR data to PBCR, e. g. dual sources of case registration, i.e., from the KCCR and also including cases diagnosed in small hospitals and other medical facilities. Assessing completeness and validity of case registration of SCR, the program and methodology used by the SCR was later extended to other large cities and areas in Korea, and the PBCR in each area was established. Cancer incidence statistics of Seoul for 1993-1997, Busan for 1996-1997, and Daegu for 1997-1998, as well as Kangwha for 1993-1997, appeared eventually in Vol VIII of the CI5. The Korean or 'pillar' model for a PBCR is a new one. The KCCR data file is a reliable basis, as a pillar, for a PBCR in each area. The main framework of the model for such a registry is the incorporation of a KCCR data file with data from additionally surveyed cases; the data related to cancer deaths, medical insurance claims, and visit-and surveillance of non-KCCR medical facilities. Cancer registration has been adopted as a national cancer control program by Korean government in 2004 as the Anti-Cancer Act was enacted. Since then, some officers have tried to launch a nation-wide PBCR covering whole country. In the meantime, however, cancer registration was interrupted and discontinued for years due to the Privacy Protection Law, which was solved by an amendment of the Anti-Cancer Act in 2006. It would be premature to establish the nation-wide PBCR in Korea. Instead, continuous efforts to improve the completeness of registration of the KCCR, to progress existing PBCRs, and to expand PBCRs over other areas are still to be devoted. The nation-wide PBCR in Korea will be established eventually with summation of the PBCRs of the Korean model.