• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.185-210
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• 2021

On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.16 no.6
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• pp.213-227
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• 2021

The purpose of this study is to identify factors that are causal and intention to revisit healing agricultural facilities and to identify the relationship between factors. the effect of experience type was analyzed on revisit intention by using facility experience satisfaction as a meditator for healing agriculture participants. The sub-variables of experience types were divided into educational experience, devious experience, entertainment experience, and aesthetic experience. 259 questionnaires collected from the people who experienced healing agriculture programs in the whole country were used for empirical analysis. The PROCESS macro v3.4 and SPSS v22.0 were used to analyze based on the singular simple mediation model which contains a single mediator. First, all types of experience had a positive (+) effect on satisfaction. Second, satisfaction had a positive (+) effect on revisit intention independently of experience type. Third, all types of experience had a positive (+) effect on revisit intention. Fourth, satisfaction mediated between experience type and revisit intention except for deviating experience among experience types. As a follow-up study, it is necessary to study for the adjustment of mediators other than the mediator introduced in the study or the controlled mediated analysis through the conditional process model in which the moderator variable is introduced.

• Korean Journal of Environmental Biology
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• v.41 no.1
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• pp.31-40
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• 2023

In 2022, the Korean Ministry of Environment designated Parthenium hysterophorus as an ecosystem-disturbing plant. The purpose of this study was to present a management plan for P. hysterophorus considering its distribution, morphological, physiological, and ecological characteristics, and to introduce various control techniques. P. hysterophorus is native to Central America and occurs in about 45 countries worldwide. However, in Korea, it only grows in some areas of Tongyeong and Changwon, Gyeongsangnam Province. P. hysterophorus is an annual plant and spreads by seeds, moves between countries in the process of importing and/or exporting agricultural seeds, and spreads by agricultural machinery and vehicles after introduction. P. hysterophorus releases parthenin, an allelochemical that suppresses the occurrence of the surrounding vegetation, from its stems and roots. In addition, P. hysterophorus causes damage to humans and livestock through various allergens. P. hysterophorus can be controlled by physical methods, such as cutting its stems or pulling roots, and by treatment with non-selective herbicides, such as glyphosate. Many biological control research studies have been conducted and, unfortunately, there is no a practical solution so far.

• Korean Association of Arts Management
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• no.51
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• pp.191-219
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• 2019

Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

• Maritime Security
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• v.6 no.1
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• pp.37-56
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• 2023

Recently, with the rapid development of ICT(Information and Communication Technology) and AI(Artificial Intelligence) technology industries, the emergence of MASS(Maritime Autonomous Surface Ship), which were thought only in the distant future, is approaching a reality. Along with the development of these amazing technologies, changes in the private law sector, such as liability, compensation for damages, and maritime insurance, as well as in the public law sector, such as maritime safety, marine environment protection, and maintenance of maritime order, have become necessary in the field of maritime law. In particular, with the advent of a new type of ship called MASS that does not have a crew on board, the kind and type of liability, compensation for damages, and insurance contracts in the event of a marine accident will also change. In this paper, the general theory about concept, classification, effectiveness and future of MASS and the general theory about concept and various obligations and responsibilities under the maritime law for discussion of MASS are reviewed. Next, in addition, regarding the problems that may occur in the event of a marine accident from MASS, the status as a ship, the legal relationship of the chartering contract, obligation to exercise due diligence in making the vessel seaworthiness, subject of responsibility, and liability for damages and immunity are reviewed from the perspective of maritime law. In addition, in the degree four of MASS, the necessities of further research to clarify the attributable subjects and standards of responsibility in the event of a marine accident, as well as the necessities of institutional improvement such as technology development, enactment and amendment of law and funding are presented.

• Journal of Service Research and Studies
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• v.12 no.1
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• pp.1-24
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• 2022

This study was conducted to derive a new model for popular democracy in the modern society. The problem is exacerbated as the original model of democracy, isonomia, has faded and modern democracy is operated as a democracy in which the masses rule. Democracy is exposing a bigger problem due to the economic inequality caused by the majority rule and the capitalist economic system. Popular democracy, in which all the masses are equally qualified as sovereigns, is a structure in which cunning politicians can easily seize power if the voters are not wise. Isonomia is a system in which free people who solve economic problems on their own and have honesty, courage, dedication, sacrifice and sincerity set laws with the same qualifications, and keep the laws themselves, is a system that depends heavily on the conscience and virtue of free people. Modern popular democracy embodies the absolute equality of the sovereign regardless of economic power, but without the spirit of sacrifice and dedication to the community, those who can win popularity by wrapping themselves up as if they are sacrificial and capable people may seize power. This study presents a service-oriented democracy as a system that can maintain the merits of modern popular democracy while embodying the essence of isonomia. The system was implemented focusing on the qualifications for virtue, such as honesty, courage, sacrifice, integrity, etc., fair to all regardless of wealth. Human imperfections have been supplemented by the use of artificial intelligence. The assumption about the nature of the sovereign and public officials' agents was newly established, and the winner-take-allism problem was solved. This study proved that both the philosophy of Isonomia and the merits of Democracy can be realized through service-oriented democracy based on the common principle of humanity and the philosophy of service. Service-oriented democracy can be called revision democracy.

• Korean Journal of Legislative Studies
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• v.26 no.3
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• pp.125-159
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• 2020

Amid global pandemic of covid-19, Korean government's response has drawn wide attention among social scientists as well as medical studies. The role of Korean state and civil society has attracted particular attention among others. Yet, this paper criticizes extant studies on Korean case which focus on the extensive intervention of the strong state and subjective attitude of Korean citizens in coping with covid-19. The concept of the strong state lacks social scientific specification and subjective citizens do not match with Korean realities. This article argues that Korean state's capacity in collecting and mobilizing digital data may offer better understanding for the successful responses to the pandemic. First, Korean state is the ultimate coordinator in collecting, analyzing and applying big data about the expansion of covid-19 with its huge network of dataveillance. Also, such role has been largely based upon relevant legal framework and well prepared manuals and cooperation with civic actors and companies. In other words, Korean digital dataveillance had demonstrated its transparency and cooperative governance. Second, such dataveillance capacity has deep roots in the long-term development of Korean state's big data management. Korean state has evolved about thirty years while enhancing digital data network within governments, companies and private sectors. Third, the relationship between Korean state's dataveillance and civil society can be characterized as a state centered push model. This model demonstrates highly effective governmental responses to covid-19 crisis but fall short of building social consensus in balancing individual freedom, human rights and effective containment policies. It means communitarian solidarity among citizens has not been a major factor in Korea's successful response yet.

• Korean Journal of Environment and Ecology
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• v.38 no.1
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• pp.108-120
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• 2024

This study proposes measures for institutionalization and its inter-departmental linkages to increase the effectiveness of wind corridor forests in response to changing urban environmental issues and climate change. For this purpose, the study reviewed laws and regulations containing terms related to urban wind corridors, identified the roles and relationships of wind corridor forests required in relevant plans, and assessed high-level and basic plans for wind corridor forests to identify issues in the current establishment of wind corridor forests and derive key issues related to them. Based on these results, institutionalization measures for legislating wind corridor forests and their effectiveness methods were suggested. This study proposes 1) defining terms and establishing legal and institutional foundations and 2) establishing hierarchies with related plans and a legal basis for the basic plan for wind corridor forest as an institutional plan for legalization of wind corridor forest, and 1) establishing a legal and institutional foundation for constructing spatial data like analysis maps and 2) establishing the guidelines for the basic plan and for creating and managing wind corridor forests and their contents as an institutional plan for effective revitalization. It is expected that this study can be utilized as basic data for establishing laws and regulations related to wind corridor forests and can contribute to the institutionalization research of basic plans. It is also hoped to be used as basic data for systematically constructing wind corridor forests.

• The Journal of the Convergence on Culture Technology
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• v.10 no.4
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• pp.483-494
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• 2024

This study is a study on influencing factors to derive considerations when establishing a large drone integrated protection system targeting important national facilities. Currently, drone protection is implemented by piecemeal installation of drone protection equipment developed on the market in response to the needs of government agencies, the military, and national important facilities. For this reason, there is a waste of resources, such as duplicate installation or overlapping operation of equipment, and institutional and legal problems between operations are emerging. Accordingly, we sought to identify factors influencing the establishment of an efficient and systematic anti-drone protection system targeting national important facilities. Considering the research purpose and scope, this study derived 3 influencing factors and 12 detailed influencing factors through case analysis, protection theory research, and analysis of related laws. If the results of this study are used as considerations when building an integrated anti-drone protection system in the future, all national defense elements will be integrated and systematic integrated anti-drone protection will be possible according to their respective roles. In addition, it will provide a theoretical foundation for building an integrated anti-drone protection system. The results of this study are valuable in that they present logical and systematic influencing factors for establishing an integrated anti-drone protection system.

• The Journal of the Convergence on Culture Technology
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• v.10 no.4
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• pp.331-337
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• 2024

The laws and regulations governing the operation of government committees in Korea provide for a system called exclusion. Exclusion is a system that excludes a member of a committee from deliberating or voting on a matter or agenda without having to go through a special procedure before deliberating or voting on the matter or agenda. This is because exclusion of a member from deliberation and voting is not only essential for the protection of the interests of the parties to the issue or matter and the peaceful resolution of disputes, but is also a very important value for the trust in the fairness of the process. However, in practice, it is not easy to determine that a member who has a reason for disqualification is naturally incapable of executing the duties of the matter or agenda just because he or she has a reason for disqualification. Prior to the overhaul of the disqualification rules for committee members in the statutes, it is necessary to eliminate the disqualification rules that are virtually dead in advance or to revise the rules that are difficult to determine without interpretation, contrary to the intention of the disqualification rules that are codified in the law. Therefore, this study analyzed the disqualification rules of nine committees in the domestic statutes (laws and enforcement regulations) and categorized the disqualification rules. We hope to contribute to the preparation of future legislative proposals to improve the rules on the exclusion of commissioner.