• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.43-77
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• 2010

The development of the aviation industry has exponentially increased the volume of passengers and cargo and gradually expanded the damage scope of all kinds of accidents in the process of transportation. As a result, the need for aviation insurance has accordingly grown bigger and bigger every day. That is why most nations have a law to force mandatory insurance on the aviation industry. However, the Montreal Convention of 1999, which Korea also signed and today has the most extensive effect in the international civil aviation community, offers no clear interpretations about the coverage of aviation insurance along with the Air Transport Business Promotion Act of Korea. The advanced nations of air transport business such as EU, the U. S. A. and Canada prescribe the coverage of aviation insurance and have a law that makes it mandatory for all the passengers and third parties to cover air carrier's liability. EU requires them to include cargo and baggage in scope of coverage, and the U. S. A. and Canada recommend insuring by having a shipper receive a written notice containing information about whether the concerned cargo is insured or not. Making the scope of coverage of aviation insurance clear by law serves several purposes including diversifying risks for air transport companies, providing the victims with enough protection, observing the international accountability required in the air transport industry, and promoting the productive and sustainable growth of the aviation industry. Thus problems with Korea's aviation insurance should be resolved by clearly stating the coverage of aviation insurance that the Korean air carriers and operators need to insure according to the current state of Korea's air transport by consulting the legislations of the advanced nations in air transports. and enacting a law to comprehensively govern Korea's aviation insurance.

• Korean Journal of Heritage: History & Science
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• v.53 no.2
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• pp.156-179
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• 2020

The Preservation Decree (1933) is the basic law relevant to the conservation of cultural property of colonial Chosun, and invoked clauses from the Old History Preservation Act (1897), the Historic Scenic Sites Natural Monument Preservation Act (1919), and the National Treasure Preservation Act (1929), which were all forms of Japanese Modern Cultural Heritage Law, and actually used the corresponding legal text of those laws. Thus, the fact that the Preservation Decree transplanted or imitated the Japanese Modern Cultural Heritage Law in the composition of the constitution can be proved to some extent. The main features and characteristics of the Preservation Decree are summarized below. First, in terms of preservation of cultural property, the Preservation Decree strengthened and expanded preservation beyond the existing conservation rules. In the conservation rules, the categories of cultural properties were limited to historic sites and relics, while the Preservation Decree classifies cultural properties into four categories: treasures, historic sites, scenic spots, and natural monuments. In addition, the Preservation Decree is considered to have advanced cultural property preservation law by establishing the standard for conserving cultural property, expanding the scope of cultural property, introducing explicit provisions on the restriction of ownership and the designation system for cultural property, and defining the basis for supporting the natural treasury. Second, the Preservation Decree admittedly had limitations as a colonial cultural property law. Article 1 of the Preservation Decree sets the standard of "Historic Enhancement or Example of Art" as a criteria for designating treasures. With the perspective of Japanese imperialism, this acted as a criterion for catering to cultural assets based on the governor's assimilation policy, revealing its limitations as a standard for preserving cultural assets. In addition, the Japanese imperialists asserted that the cultural property law served to reduce cultural property robbery, but the robbery and exporting of cultural assets by such means as grave robbery, trafficking, and exportation to Japan did not cease even after the Preservation Decree came into effect. This is because governors and officials who had to obey and protect the law become parties to looting and extraction of property, or the plunder and release of cultural property by the Japanese continued with their acknowledgement,. This indicates that cultural property legislation at that time did not function properly, as the governor allowed or condoned such exporting and plundering. In this way, the cultural property laws of the Japanese colonial period constituted discriminative colonial legislation which was selected and applied from the perspective of the Japanese government-general in the designation and preservation of cultural property, and the cultural property policy of Japan focused on the use of cultural assets as a means of realizing their assimilation policy. Therefore, this suggests that the cultural property legislation during the Japanese colonial period was used as a mechanism to solidify the cultural colonial rules of Chosun and to realize the assimilation policy of the Japanese government-general.

• Journal of Korean Historical Folklife
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• no.45
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• pp.263-289
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• 2014

King Munjong(文宗), the eleventh King of the Goryeo Dynasty, was the son of King Hyeonjong(顯宗), the eighth king, and the younger stepbrother(異母弟) of King Jeongjong(靖宗), the 10th king. Although King Jeongjong had four sons, he abdicated the throne to King Munjong. King Taejo(太祖) had opened the possibility for sons other than the eldest son to succeed to the throne. When King Jeongjong died, his sons were children under the age of 10 years. In the early period of the Goryeo Dynasty, when kings had young sons, there were precedents of abdicating the throne to their grown-up younger brothers. In addition, King Jeongjong and Munjong had an identical blood background. During the period, Goryeo people also naturally accepted the fact that a former king's younger brother succeeded to the throne. In this background, King Munjong ascended the throne. However, King Munjong did not ascend the throne after identifying state affairs with politic power. Therefore, he needed to increase his authority as the king. Moreover, as the sons of King Jeongjong had grown up, they could stir up trouble in future succession to the throne. Therefore, King Munjong intended to concentrate power on himself and remove trouble in future succession to the throne by selecting his son as successor to the throne. After the installation of Wangtaeja(王太子, the Crown Prince), King Munjong expanded and organized Donggunggwan(東宮官, the establishment of Secretariat of Wangtaeja) and carried out various rituals related to Wangtaeja. The control system for Donggunggwan was completed institutionally in 1068. At this time, the newly organized Donggunggwan was operated as a miniature version of the central government office. In addition, the ritual for the installation of Taeja, which was held in 1054, complied with regulated procedures. After the ritual of the installation, a ceremony to congratulate on Jangheungjeol(長興節, the birthday of Wangtaeja) was held in 1056. In 1064, the wedding ritual of Taeja took place, and the ritual for Taeja regulated in Yeji(禮志) of "Goryeosa(高麗史)" was carried out. In addition, the installation of Wangtaeja was made known overseas, and the Taeja of Goryeo was proclaimed by the Kitan three times. Such various measures played an important role in strengthening the status of Taeja as the man of authority next to the king. Later, Taeja demonstrated his status as the man of authority following the king by participating in state affairs on behalf of King Munjong who was not able to move about freely in his later years.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.37-80
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• 2022

By analyzing informed consent and the refusal of emergency medical treatment (called patient dumping) under the current Emergency Medical Service Act, this study suggests that an emergency medical professional is only liable for patient dumping if their duty to protect the patient's life takes precedence over the patient's right to self-determination. In emergency medical situations, as in general medical situations, medical treatment should be performed after the emergency medical professional informs the patient about the medical treatment, including its necessity and methods, and obtains consent from the patient. Refusing or evading the performance of emergency medical services on the excuse of the informed consent not considering a waiver or alteration of informed consent requirements without reasonable reasons violates the Emergency Medical Service Act and thus makes an emergency medical professional liable to administrative disposition or criminal penalty. In other words, depending on the existence of a waiver of alteration of the informed consent, patient dumping may be established. If the patient is a minor or has no decision-making ability, and their legal representative makes a decision against the patient's medical interests, the opinion of the legal representative is not unconditionally respected. A minor also has the right to decide over their body, and the decisions of their legal representatives should be in the patient's best interests. If the patient refuses treatment, in principle, the obligation of life protection of emergency medical professionals is the top priority. However, making these decisions in the aforementioned situations in the emergency medical field is difficult because of the absence of explicit regulations regarding these exceptional problems. This study aims to organize the following precedents of the Supreme Court of Korea. The court states that, when balancing the conflicting interests between the duty to provide emergency medical service and the duty to inform is unavoidable for emergency medical professionals, they should put the duty to protect the patient's life ahead of the duty to inform if the patient's life matters. Exceptionally, when a patient has seriously considered whether they should receive treatment before the emergency medical situation, their right to self-determination can be considered equal to the obligation of emergency medical professionals to provide emergency medical treatment. This research also suggests that an amendment of the Emergency Medical Service Act should include the following. First, the criteria for determining the decision-making ability of emergency patients should consist of medical content. Second, additional consent from a medical professional is unnecessary for first-aid treatment. Finally, new provisions for emergency medical obligations for minors, new provisions for the decision standard when there are conflicting opinions about the treatment of a patient, and new penalty provisions for professionals who suspend emergency medical examinations and treatments need to be established.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.67-92
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• 2008

The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.143-174
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• 2019

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

• Korean Journal of Poultry Science
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• v.35 no.4
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• pp.367-373
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• 2009

This experiment was conducted to determine optimum dietary levels of dietary energy and protein for laying performance and egg quality in organic laying hens. In a $2{\times}3$ factorial arrangement, 360 Hy-Line pullets (21 wk of age) were randomly assigned to experimental diets with 2,800, 3,080, and 3,360 kcal of ME/kg of diet, each containing 16 and 18% CP, respectively. Each dietary treatment was replicated 4 times, and feed and water were provided ad libitum. Experimental birds were raised in floor and received 14h of light throughout 52 weeks of experimental period. The birds were observed for feed consumption, egg production, egg weight, egg mass, feed conversion ratio, Haugh unit, shell thickness, and shell color at 30, 50, and 70 wk of age. Egg production, egg weight, and egg mass were higher (P<0.05) in hens receiving diets with 2,800 kcal/kg of ME/kg of feed than those fed diets containing 3,080 and 3,360 kcal of ME/kg of diets. Eggshell breaking strengths were not significantly different among the dietary ME and CP concentrations. Eggshell thickness was higher (P<0.05) in hens receiving diets with 3,360 kcal of ME/kg of feed than those fed diets containing 2,800 and 3,080 kcal of ME/kg of diets at 50 and 70 week. With increasing in dietary energy levels, the concentrations of blood total cholesterol were also significantly increased. Overall, the laying hens fed organic diet of 2,800 kcal ME/kg and 16% CP showed superior egg production than those of other dietary regimens.

• Journal of Food Hygiene and Safety
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• v.20 no.4
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• pp.244-252
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• 2005

This study was performed far development of new analytical method of beet red in foods. In this study, analysis of beet red in foods has been carried out by detection of betanine and isobetanine, the main color component of beet red as indicator compounds. The qualitative analysis technique consisted of clean-up of the colors with a $C_{18}$ cartridge, separation of the colors by cellulose TLC plate using acetone:3-methyl-1-butanol:distilled water (7:7:6) as a solvent system. Also, the quantitative analysis was performed using X-terra RP at wavelength 538 nm and $0.1\%$ phosphoric acid : methanol (90:10) as a solvent. The quantitative results of beet .ed were as follows:900.22$\∼$27701.60 $\mu$g/g for 60 item in nutrient supplement food, $21.95\∼713.40{\mu}g/g$ for 30 items and N.D. for 18 items in cindy, and $155.85{\∼}505.37{\mu}g/g$ for 12 items in ice creams, $43.52\∼64.75{\mu}g/g$ for 18 items and N.D. for 54 item in sauce, N.D. for 12 items in retort food.

• Journal of the Korean Institute of Landscape Architecture
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• v.37 no.2
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• pp.26-35
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• 2009

This study is an analysis of the design changes of children's play facilities and the related rules and regulations which causes these changes. Accordingly, it is noticed that a site's change of design by legislation and by yearly alternation influences playground design. First, after revising the provisions for the distance from roads and parking lots, the constructing of safety fences between play facilities and the using of durable materials, alterations of the designs have been made a reality. Second, the design changes after the period of regulation transitions were caused by provisions related to the shelter of evergreens and conditions of the sun. Third, the changes of the playgrounds were related to the substitution of exercise facilities for the local residents and in carrying out a hygiene exam more than twice a year. Because a lack of regulatory standards for the design of playgrounds resulted in compliance based on individual interpretation and because a substitution of exercise facilities is part of the way to alleviate these regulations, the conditions of the site under investigation could be projeced. By such changes of regulations and analysis of alterations of playground design, programs for improvement were suggested. It turned out that the composition of the concrete standard in conformity with regulations required closer observance. Moreover, design standards for children's playgrounds are needed, such as the provision of variation in external appearance, the creation of more flexible layouts and the outlining of spaces by themes.

• Journal of the Korean Society of Marine Environment & Safety
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• v.16 no.3
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• pp.275-285
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• 2010

Present state of nationwide marine facilities reported to 12 regional maritime affairs and port offices of MLTM in Korea for two years 2008 and 2009 was analyzed based on region and type of facilities, and national management plan was proposed in this study. As of the end of 2009, 8 types of marine facilities were reported to Yeosu regional maritime affairs and port office, while only 3 types of facilities were reported to Pohang, Daesan and Jeju regional offices, respectively. Oil and noxious liquid substances storage facilities belonged in the type of facility which was reported to all of 12 regional offices, and ranged from 11 facilities reported to Pyeongtaek regional office to the respective 38 facilities to Yeosu and Masan regional offices. In pollutants storage facilities, 4 facilities were reported to Masan regional office, 2 facilities to Donghae and Mokpo regional offices, respectively, 1 facility to Yeosu, Gunsan and Pyeongtaek regional offices, respectively, and none of facilities to the other regional offices. Ship construction, repair and scrap facilities belonged in the type of facility which was reported to all of 12 regional offices, and 45% of the facilities were concentrated in Southeastern Sea of Korea centering around Busan and Masan. In cargo handling facilities, 3 facilities were reported to Busan and Masan regional offices, respectively, 1 facility to Daesan regional office, and none of facilities to the other regional offices. In wastes storage facilities, 5 facilities were reported to Ulsan regional office, 4 facilities to Gunsan regional office, 2 facilities to Incheon regional office, 1 facility to Yeosu regional office, and none of facilities to the other regional offices. 65% of nationwide water intake and drainage facilities were concentrated in the areas of Pohang and Mokpo, and 78% of nationwide fishing spots at play were concentrated in the area of Masan. In other marine facilities, 4 facilities were reported to Donghae regional office, 3 facilities to Masan regional office, 2 facilities to Yeosu and Pyeongtaek regional offices, respectively, 1 facility to Incheon and Ulsan regional offices, respectively, and none of facilities to the other regional offices. In integrated marine science base facilities, 3 facilities were reported to Jeju regional office, 1 facility to Yeosu, Ulsan and Gunsan regional offices, respectively, and none of facilities to the other regional offices. The management based on the circumstances of regional offices, the management based on the characteristics of the type of facilities, the amendment of the relevant rules and regulations, facility owner's full knowledge and observance of the relevant rules and regulations with regard to the relevant type of facilities, and positive management actions from national point of view were proposed for national management plans of marine facilities.