• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.187-220
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• 2020

Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.145-173
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• 2016

A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.3-43
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• 2018

Auf die ganze Welt macht unbemannte $Flugger{\ddot{a}}te$(sog.Drohnen) in vielen Bereichen rasch Fortschritte und Anwendungen gezeigt. Nachdem ferngesteuerte Drohnen $urspr{\ddot{u}}nglich$ $prim{\ddot{a}}r$ $f{\ddot{u}}r$ $milit{\ddot{a}}rische$ Zwecke entwickelt wurden, $erh{\ddot{o}}cht$ sich derzeit ihre zivile Nutzung sowohl im Freizeit- als auch im Dienstleistungsbereich(Paketdrohnen, Drohnen-taxi) stetig. Mit der vermehrten Drohnennutzung steigen allerdings auch die damit verbundenen Risiken und Herausforderungen. In Zusammenhang damit stellt sich dann die Frage, ob $gegenw{\ddot{a}}rtige$ Vorschriften im Bereich von Luftrecht zurecht gekommen sind. Es sieht sich gerade der zwei Schwerpunkt $gegen{\ddot{u}}ber$. Erstens kann $Passagierebef{\ddot{o}}rderung$ mit unbemanntem Luftfahrzeug(mehr als 150kg) im $gegenw{\ddot{a}}ritigen$ Luftrecht keine Anwendung finden. Denn das kor. Luftsicherheitsgesetz und sein Durchsetzungsverordnung definieren die Terminologie von unbemannten Luftfahrzeugen und unbemannten $Flugger{\ddot{a}}te$ als "wenn eine Person nicht an Bord geht und ferngesteuert wird". Also soll Drohne nach dieser gesetzlichen Definition nur "ohne Person" geflogen werden. Das besagt ohne Piloten und ohne Passagiere. Zweitens ist unbemannte $Flugger{\ddot{a}}te$(weniger als 150kg) nicht auf Handelsgesetz anzuwenden, auf das ${\ddot{u}}ber$ Anspruchsgrundlage und Zurechnungsnorm des gewerblichen Luftverkehr geregelt ist. Der unbemannte Luftfahrzeuglieferdienst bringt nicht nur die Gefahr einer $Besch{\ddot{a}}digung$ des Frachtguts mit sich, sondern auch die Gefahr von $Bodensch{\ddot{a}}den$ durch Dritte. Gemäß ${\S}$ 896 des Handelsgesetzes ist aber die Anwendung von unbemannte $Flugger{\ddot{a}}te$(weniger als 150kg) $hierf{\ddot{u}}r$ begrenzt, weil unbemannt $Flugger{\ddot{a}}te$ $einschl{\ddot{a}}gig$ in Ultralight $Flugger{\ddot{a}}t$ ist, die im Handelsgesetz ausschließlich besteht. Technische Fortschritt und die dadurch $erm{\ddot{o}}glichten$ kommerziellen Anwendungen werden die Nachfrage nach unbemannter $Flugger{\ddot{a}}te$ wecken. Die Umsetzung der $bez{\ddot{u}}glichen$ Vorschriften sollte auch diese Entwicklung aktiv begleitet und $fr{\ddot{u}}hzeitig$ kommuniziert und erarbeitet werden, damit Hersteller und Nutzer $fr{\ddot{u}}hzeitig$ Planungssicherheit haben.

• Korean Journal of Heritage: History & Science
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• v.50 no.2
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• pp.94-115
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• 2017

'Arirang folk song in the Democratic People's Republic of Korea' was inscribed to the Representative List of the Intangible Cultural Heritage of Humanity in 2014 and 'Tradition of kimchi-making in the Democratic People's Republic of Korea' followed in 2015. It is presumed that North Korea was influenced by the Republic of Korea inscribing 'Arirang, lyrical folk song in the Republic of Korea' to the list in 2012 as well as 'Kimjang, making and sharing kimchi in the Republic of Korea' in 2013. These cases show the necessity (or possibility) of cultural exchanges between the two Koreas through UNESCO ICH lists. The purpose of this article is to explore the possibility of inter-Korean cultural integration. Therefore, I would like to review UNESCO's ICH policy and examine the ways of cooperation and joint nominations to the Representative List of Intangible Cultural Heritage of Humanity between the two Koreas. First, I reviewed the amendments to the laws and regulations of the two Koreas and how the two countries applied the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. Although the cultural exchange is a non-political field, given the situation between South and North Korea, it is influenced by politics. Therefore, we devised a stepwise development plan, divided into four phases: infrastructure development, cooperation and promotion, diversification, and policymaking and alternative development. First a target group will be needed. In this regard, joint nominations to the Representative List of the UNESCO Intangible Cultural Heritage of Humanity will be suitable for cooperation. Both countries have already started separate nominations on shared ICH elements to the UNESCO lists. Therefore, I have selected a few elements as examples that can be considered for joint nominations. The selected items are makgeolli (traditional liquor), jang (traditional soybean sauce), gayangju (homebrewed liquor), gudeul (Korean floor heating system), and jasu (traditional embroidery). Cooperation should start with sharing information on ICH elements. A pilot project for joint nomination can be implemented and then a mid-term plan can be established for future implementation. When shared ICH elements are inscribed on UNESCO ICH lists, various activities can be considered as follow-ups, such as institution visits, performances, exhibitions, and joint monitoring of the intangible cultural heritage. Mutual cooperation of the two Koreas' intangible cultural heritage will be a unique example between the divided countries, so its value will be recognized as a symbol of cultural cooperation. In addition, it will be a foundation for cultural integration of the two Koreas, and it will show the value of their unique ICH to the world. At the same time, it will become a good example for joint nominations to the Representative List recommended by UNESCO.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

• Journal of the Society of Disaster Information
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• v.18 no.1
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• pp.202-217
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• 2022

Purpose: The recent increased use of Personal Mobility (PM) has been accompanied by a rise in the annual number of accidents. Accordingly, the safety requirements for PM use are being strengthened, but the laws/systems, infrastructure, and management systems remain insufficient for fostering a safe environment. Therefore, this study comprehensively searches the main problems and improvement methods through a review of previous studies that are related to PM. Then the priorities according to the importance of the improvement methods are presented through the Delphi survey. Method: The research method is mainly composed of a literature study and an expert survey (Delphi survey). Prior research and improvement cases (local governments, government departments, companies, etc.) are reviewed to derive problems and improvements, and a problem/improvement classification table is created based on keywords. Based on the classification contents, an expert survey is conducted to derive a priority improvement plan. Result: The PM-related problems were in 'non-compliance with traffic laws, lack of knowledge, inexperienced operation, and lack of safety awareness' in relation to human factors, and 'device characteristics, road-drivable space, road facilities, parking facilities' in relation to physical factors. 'Management/supervision, product management, user management, education/training' as administrative factors and legal factors are divided into 'absence/sufficiency of law, confusion/duplication, reduced effectiveness'. Improvement tasks related to this include 'PM education/public relations, parking/return, road improvement, PM registration/management, insurance, safety standards, traffic standards, PM device safety, PM supplementary facilities, enforcement/management, dedicated organization, service providers, management system, and related laws/institutional improvement', and 42 detailed tasks are derived for these 14 core tasks. The results for the importance evaluation of detailed tasks show that the tasks with a high overall average for the evaluation items of cost, time, effect, urgency, and feasibility were 'strengthening crackdown/instruction activities, education publicity/campaign, truancy PM management, and clarification of traffic rules'. Conclusion: The PM market is experiencing gradual growth based on shared services and a safe environment for PM use must be ensured along with industrial revitalization. In this respect, this study seeks out the major problems and improvement plans related to PM from a comprehensive point of view and prioritizes the necessary improvement measures. Therefore, it can serve as a basis of data for future policy establishment. In the future, in-depth data supplementation will be required for each key improvement area for practical policy application.

• Journal of the Korean Association of Geographic Information Studies
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• v.19 no.4
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• pp.52-62
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• 2016

Smart City is urban development for complex problem solving that provides convenience and safety for citizens, and it is a blueprint for future cities. In 2008, the Korean government defined the construction, management, and government support of U-Cities in the legislation, Act on the Construction, Etc. of Ubiquitous Cities (Ubiquitous City Act), which included definitions of terms used in the act. In addition, the Minister of Land, Infrastructure and Transport has established a "ubiquitous city master plan" considering this legislation. The concept of U-Cities is complex, due to the mix of informatization and urban planning. Because of this complexity, the foundation of relevant regulations is inadequate, which is impeding the establishment and implementation of practical plans. Smart City intelligent service facilities are not easy to define and classify, because technology is rapidly changing and includes various devices for gathering and expressing information. The purpose of this study is to complement the legal definition of the intelligent service facility, which is necessary for integrated management and operation. The related laws and regulations on U-City were analyzed using text-mining techniques to identify insufficient legal definitions of intelligent service facilities. Using data gathered from interviews with officials responsible for constructing U-Cities, this study identified problems generated by implementing intelligent service facilities at the field level. This strategy should contribute to improved efficiency management, the foundation for building integrated utilization between departments. Efficiencies include providing a clear concept for establishing five-year renewable plans for U-Cities.

• Korean Security Journal
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• no.48
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• pp.259-285
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• 2016

As the need for anti-terrorism legislation has been continuously argued, Anti-terrorism act has been enacted and enforced. On the other hand, there still remain a lot of points to be discussed regarding the definition of the concept of terrorism, matters of human rights violations, strengthening authority of the investigation and intelligence agencies, and mobilization military forces for the suppression of terrorism. Also, reviewing Anti-terrorism act and its enforcement ordinance draft, this legislation seems to regulate terrorist groups like IS. If so, in the case of terrorism of North Korea or domestic anti-government organizations, whether this law would be applied could become an issue. In the case of terrorism of North Korea, Ministry of National Defense has a right of commandership in the military operations, however, it is also possible to apply the article 4 of Natural Security Act a crime of performing objective-or a crime of foreign exchange on Criminal law as legal grounds for not military terrorisms but general investigations. Therefore, it is necessary to involve consideration about this matter. Furthermore, in the view of investigation, Anti-terrorism act and its enforcement ordinance draft do not mention Supreme Prosecutors Office and Ministry of Justice that conduct investigations. In the case of terrorism, the police and prosecution should conduct to arrest criminals and determine crimes at the investigation stage, however, any explicit article related to this content in Anti-terrorism act and its enforcement ordinance draft was unable to be found. Although Anti-terrorism act is certainly toward preventive aspects, considering some matters such as prevention, actions on the scene, maneuver after terrorism, arresting terrorists, investigation direction, cooperation, and mutual assistance, it is necessary to reflect these contents in Anti-terrorism act. In other words, immediately after terrorists attacks, it is possible to mobilize the military operations by Integrated Defense act in order to arrest them in the case of military terrorism. Nevertheless, because both military terrorism and general one are included in the investigation stage, it needs to begin an investigation under the direction of the prosecution. Therefore, above all, a device for finding out the truth behind the case at the investigation stage is not reflected in the current Anti-terrorism act and its enforcement ordinance draft. Accordingly, if National Intelligence Service approaches information at the prevention level in this situation, it may be necessary to come up with follow-up measures of the police, the prosecution, and military units.

• Korean Security Journal
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• no.36
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• pp.255-292
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• 2013

Burglary (also called breaking and entering and sometimes housebreaking) is a crime, the essence of which is illegal entry into a building for the purposes of committing an offence. It is one of the most common types of crime and also a serious issue for every society. A house that is left insecure is an accessible and attractive target for burglars and therefore burglary resistance test & certification system for doors and windows has been developed in many countries. This paper explores several advanced foreign burglary resistance test/certifcation cases (the British SBD, the Dutch KOMO SKH/SKG, the Japanese CP mark, the Australian Standard Certification) for security products and domestic test/certification systems for fire safety products as a comparative study so that any improvement points can be gained for South Korea in the field of security product performance. The comparative analysis results show that South Korea is far behind the security product certification system and needs a lot of improvement in the system by benchmarking foreign cases. The domestic test/certification systems for fire safety products also give some insights for burglary-related security products' performance certification system in Korea. Overall, the need for relevant rules and regulations, the establishment of standards regarding testing and certification, including certified security +hardware product in building security certification system, performance testing as well as production testing (i.e. quality management system evaluation), the basic competency of testers, incentive system for certified/high quality security products were suggested in order to make an optimal model for the security production performance testing and certification system in Korea.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.36 no.5
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• pp.847-856
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• 2016

Recently, with a high level of economic growth, rapid urbanization, population, environment and housing problems were accompanied in Korea. In particular, the traffic problem has become a serious social problem. As the current transportation policy has been carried out, concentrating on traffic flow, in 2015, death rate for pedestrians while walking (1,795 persons) is 38.8% compared to entire death rate in car accident (4,621 persons), so there is need to solve it. Although, crosswalk should make pedestrian cross it safely, it has been made on the basis of the width of road without exact standard for current width of the crosswalk and the location of stop line. Moreover, in the area around many campuses or commercial facilities, crosswalks are set with not considering pedestrian passage, but designed uniformly. Therefore, the purpose of this study is to estimate reasonable dimension of crosswalk considering pedestrian traffic and walking speed and it makes the accident rate lower in the crosswalk, which has a lot of problems including decisions of vehicle traffic signal time, lack of pedestrian's signal timing, pedestrian's crossing of long-distance. The following are the methodology of the study. Firstly, for crosswalk calculation of specifications, examination relating existing regulations and researches dealing with crosswalk, pedestrians and stop line is needed. After analyzing problems of current width of crosswalk and stop line, present the methodology to calculation of specifications and basing on these things, calculation of specifications for crosswalk will be decided. In conclusion, the calculation of specification and improvement of stop line for crosswalk laid out in this study are expected to be utilized as base data in case of establishing relevant safety facilities and standards.