• Journal of Venture Innovation
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• v.4 no.3
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• pp.141-150
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• 2021

Although management decisions centered on the board of directors and directors must be made in order to effectively promote ESG management, the company's management is not obligated to make decisions considering ESG factors. A Korean corporation(company) is an established organization for commercial or other profit, and the purpose of treating a legal organization as a corporation is to easily handle the legal relationship of a group (corporate's property) and individual property of a group member, but legal person such as rights to "harm public rights" or "defend fraud". Criminal liability for illegal acts of a corporation, but the liability of a corporation (natural person) for illegal acts of a corporation is recognized within a limited range, but the criminal liability of a corporation (natural person) is limited. As the social responsibility of a corporation is great, limiting the responsibility of a corporation-related person (natural person) to civil responsibility will halve its effectiveness if considering the impact on the corporation's national economy. Objective requirements such as the completeness of control, hybridization of property, infringement of creditors' rights, and small-capitalization, and the subjective intention of abusing the company system to avoid legal application to controlling shareholders should be denied. Despite the increasing influence on corporate society, such as large-scale projects and astronomical business profits, corporate officials (natural persons) are forced to be held liable for negligence and intentional liability within a limited range. In such cases, it is necessary to introduce criminal responsibility separately from civil responsibility to legal persons (natural persons) in consideration of the maturity of capitalism in Korean society and the economic status of the world. In Korea, the requirements for recognition of corporate denial are strict, but the United States says that it is sufficient to have control or fraud. Therefore, it is not about civil responsibility, but about criminal responsibility of a legal person (natural person), so if fraud is recognized, it can strengthen the corporate social responsibility.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.117-157
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• 2021

This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

• Korean Journal of Social Welfare
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• v.57 no.2
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• pp.185-204
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• 2005

In a period of rapid change, transition and re-definition of care concept, this study reviewed social policies on care providers in the UK. In the face of care crisis, the British government has made a radical reform of the care system and enacted new legislations. In the UK social policy, care providers are classified into carers and care workers. Carers mean informal caregivers and care workers are those who are paid for providing care as part of a contract of employment. Recently, the United Kingdom has given carers recognition and reward. To enhance the status and right of carers, the Carers (Recognition and Services) Act 1995, the strategy document Caring about Carers 1999, Carers and Disabled Children Act 2000, and Carers (Equal Opportunities) Act 2004 have been enacted. At the heart of the policy for carers is the idea of active citizenship, carers-friendly employment and work-life balance etc. In case of paid care worker, government's focus seems to be on quality of employment. The government has established a new national infrastructure for quality. The five national bodies founded on Care Standards Act 2000 has been established. The UK government has realized care work would play an important part in job creation strategy. In this article, we have presented several criticisms and issues of current care policy in UK.

• Korean journal of communication and information
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• v.48
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• pp.5-24
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• 2009

This study is aimed to analyze the concept of media consumer and legal principles for consumer movements protection. Based on the concept and legal principles, this research is to review the characteristics of the advertisement boycott campaign. Article 124 of the Constitution prescribes that the state should guarantee the consumer protection movements. According to the Article 4 of the Framework Act on Consumer, consumers have the fundamental right to obtain proper compensation for damages sustained due to use of goods and etc. according to prompt and fair procedure. The type of boycott can be classified into two pattern on the basis of boycott's target or object. They are primary boycott and. secondary boycott. Consumer's boycott independent of primary or secondary, are under the protection of the consumer's right. Media consumers use scarce resources to satisfy their wants and needs to acquire news information and advertising information. Their resources are time and money. Therefore, ads boycott campaign or media boycott campaign is the primary boycott. Consumer's right should be guaranteed to the maximum. The Constitution and consumer protection law should protect the practice of consumer's right, especially consumer's boycott campaign.

• Journal of Legislation Research
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• no.41
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• pp.201-228
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• 2011

In 97hu2200, the Supreme Court of Korea suggested five requirements to apply the doctrine of equivalents, i.e. identity of problem-solving principles, interchangeability, ease of interchangeability, exception of known arts and file-wrapper estoppel. There have been arguments on whether the standard of ease of interchangeability could be regarded as the same as the obviousness standard in deciding patentability. The side who thinks that they are different (hereinafter, the side of difference) considers that the standard of ease of interchangeability is narrower than the obviousness standard. This side criticizes the side who thinks that they are the same each other (hereinafter, the side of the same) on the reason that doctrine of equivalents can be overly expanded. On the other hand, 'the side of the same' argues that every accused invention having no inventive step from the perspective of the patented invention should be considered to infringe. 'The side of the same' points that if the standard of ease of interchangeability is considered as narrower than the obviousness standard, 'grey area' should exist where the patent law cannot work. The difference between the two side may cause contradictory results in the decision of infringement under the doctrine of equivalents. Because 'the side of difference' construes claims narrowly than 'the side of the same,' an accused invention in the grey area is not regarded to infringe. 'The side of the same,' however, considers the accused invention to fall into the scope of the patent under the doctrine of equivalents. This paper concludes that the standard of ease of interchangeability should be regarded as the same as the obviousness standard from the perspective of economics of innovation.

• The Korean Journal of Archival Studies
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• no.35
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• pp.93-132
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• 2013

It is principle that the National Assembly Minutes are open to the general public based on the Constitution of the Republic of Korea. However, it will not be released to the public when the minutes are produced at a meeting held privately -the closed minutes- and the parts of the minutes are not published because of 'the demands on keeping confidential of the Chairman of the National Assembly or needs for the National Security' based on the National Assembly Act article 118 clause 1. These two minutes infringe the democratic rights, the public's rights to know seriously by reason that there are no procedures to disclose to the public. Especially the non-published parts of the minutes are highly likely in breach of the constitution. This paper will deal with the regulations and guidelines related to the disclosure of the closed minutes focusing on the United States and the United Kingdom where developing countries on the parliamentary democracy. Then, it is suggested placing an emphasis on the legal aspects that the plans to make public of the closed minutes and non published parts of the minutes based on the reviewed results of the committee of the National Assembly Archives and the initiative proposed by the member of the National Assembly, Jung Chang-rae in the last 2004.

• The Journal of the Convergence on Culture Technology
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• v.5 no.1
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• pp.127-137
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• 2019

In this study, I set the allowable range of viewing / copying rights of investigation records on criminal victims and bereaved families in the procedure of investigation. I tried to grasp the contents of the suspect's statement at an early stage and support it in order to cope appropriately Recently, the social consideration of people suffering from crime victims is expanding in fact. The scope of the investigation is set by the lawyer of the suspect in relation to the subordinate statute concerning the investigation and reading of the investigation record. In parallel, it is necessary to apply to the victim's lawyer or bereaved. This is a part that coincides with the purpose of certifying private rights such as browsing of litigation records to the victim and ultimately has a purpose related to the allowable range. Although it is the right to receive the investigation result at each stage, it is not used properly. Especially when distorted investigation progresses, if the suspect is not prosecuted, the victim may be in a state of regret. The important part can be summarized as the question of whether the investigation of the victim's lawyer is allowed to view and access the criminal records. This section has been reviewed with a focus on the current Act and its functional aspects should be emphasized and revised in accordance with the legal environment. These findings will contribute to ensuring victims' rights in the future. It is also used as an important resource in the legislative process, including the revision of the criminal procedure law.

• Journal of Korea Entertainment Industry Association
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• v.13 no.1
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• pp.11-24
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• 2019

In this article, potential problems in the exchanges and collaboration of South and North Korean performance programs were reviewed focusing on the articles related to performances in the North Korean copyright law. In the North Korean copyright law, there were significant differences from the ordinary rules in the international society or lack of the rules. They are the problems on the bases and principles of North Korean copyright law, unacceptance of copyrightable works against their political system, equal and mutual benefit on the copyright of the South Korean copyrightable works, neighboring copyright and economic right, unlimited protection for moral right, unpreparedness of right protection for online copyrightable works, and so on. On the other hand, the available performance programs to exchange mutually between South and North in the short run include national operas, dramas, musicals, festival events, and so on. However, legal and systematic improvement plans are required on the different copyright rules between South and North to facilitate the exchanges and cooperation. Externally, collaborations are required in the international copyright stage such as collaborative agreements on various international copyright usages, and we should consider the global entrance of performance programs that contain national sentiment and develop mutual trusts through these.

• Proceedings of the Korean Society of Applied Entomolohy Conference
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• 2006.09a
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• pp.39-44
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• 2006

국제적으로 생물다양성 협약('92. 6) 및 생물다양성 협약총회('02. 4)에서 생물자원의 국가소유 권리 인정 후 생물주권 확보를 위한 국가 간 경쟁이 날로 치열해 지고 있다. 하지만 우리나라의 경우 10만종으로 추정되는 국내 생물종(種) 중 약 3만여종만 기록되어 있으며, 한반도 고유종도 2,322종만 문헌으로 확인되는 등 조사연구가 미흡한 상황에 있다. 또한 확보된 생물자원도 관리가 매우 미흡한 상태에 있다. 따라서 국가 생물자원 주권 확보 및 체계적인 생물자원 보전 관리를 위해 국가차원의 생물자원보전 종합대책을 수립하였다. 환경부는 동 종합대책을 통해 대한민국 영토에 분포 서식하고 있는 생물자원 정밀 탐색 조사를 통해 모든 생물의 표본을 수집 연구하여 자생생물의 총체를 확인하며, 자생생물의 분류분포생태 정보를 종합 정리한 한반도 생물지를 발간할 예정이다. 자생생물의 DB 구축 등 과학적인 생물자원 관리체계를 확립하고, 생물자원의 국외반출 관리를 강화할 예정이며, 생물분류 전문인력 육성, 권역별 생물자원과 설립, 생물자원 보전 연구시설 지원 등 생물자원 관리 인프라 구축을 추진할 예정이다. 또한 최근 급증하는 야생동물 질병(SARS, 조류독감 등)에 대한 조사 연구를 실시하며, 야생동물 구조 치료센터를 시 도별로 설립할 예정이며, 외래종의 관리를 더욱 강화하고, 멸종위기종의 보호복원을 체계적이고 지속적으로 추진할 예정이다. 동 종합대책은 생물자원 조사발굴 분야의 11개 과제, 생물자원보전 관리체계 확립 분야의 11개 과제, 생물자원보전 추진체계 구축 분야의 6개 과제 등 총 3개 분야 28개 세부추진과제로 구성되어 있다. 동 대책은 2013년까지 국비 2,960억원, 지방비 1,800억원 등 총 4,760억을 투자할 계획이다. 곳도 많아 온난화조건에서도 지역별 정밀기후 추정과 이에 근거한 최적품종의 선택, 이앙기 및 수확기 등 생육기간의 조절이 온난화 대응기술로서 유효할 것으로 기대된다.결과를 분석한 데이터를 차기 메일 발송에 꾸준히 적용함으로써 성공적인 이메일 마케팅 결과를 얻을 수 있을 것으로 기대된다.여 수평적인 의견도출과 각자 역할의 확대 및 변화를 시도할 수 있는 제작흐름이 되도록 고안된 제작구조이다.성을 환기시켜 객관적이고 비판적인 의식을 환기시키는 브레히트의 '소격화'의 효과가 소비자의 관심을 환기시켜 특정한 목적을 달성하려는 광고에 효율적으로 적용된 예 인 것이다. 재미, 기타 독특한 체험을 통해 소비자에게 유희라는 쾌락적 경험을 제공하고자 한다.고도로 통계적 유의차(p<0.001)가 있었다. 즐기는 음료로는 ${\ulcorner}$콜라${\lrcorner}$가 가장 많았으며(46.8%), 그 다음은 사이다, 주스 등의 순으로 나타났으나, 남 여 대학생간에는 유의성있는 차이는 없었다. 음식의 먹는 시기는 점심과 저녁사이의 ${\ulcorner}$간식${\lrcorner}$이 가장 많았으며(42.2%), 남 여 대학생간에는 유의한 차이는 없었다. 패스트푸드는 많은 사람들이 ${\ulcorner}$맛${\lrcorner}$이 좋기 때문에 이용하며(62.8%), 남 여 대학생간에는 통계적 유의성(p<0.05)이 인정되었다. 5. ${\ulcorner}$입맛의 서구화(36.4%)와 외식을 선호(29.1%)${\lrcorner}$ 하기 때문에 패스트푸드를 이용하게 된 것으로 응답 하였으며, 남 여 대학생간에

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.3-26
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• 2015

Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.