• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.37-56
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• 2004

As part of the ongoing global process of airlines forming strategic alliances, Korean Air has become a member of the SkyTeam Alliance, while Asiana has joined the Star Alliance. However, as something akin to the Anti-Trust Immunity(ATI) initiative has not been ratified domestically, these two airlines have seen their roles within these strategic alliances significantly reduced. In keeping with its domestic airline liberalization policy the U.S. government has instituted a mechanism through which foreign airlines that join such strategic alliances with their American counterparts can be exempt from the U.S. antimonopoly law. As a result, U.S. airlines have been able to forge wide ranging cooperative relations with foreign airlines, and thus increased their competitiveness within the air transport industry. This study analyzes the applicability of this Anti-Trust Immunity initiative to the domestic environment.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.165-182
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• 2004

According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. It is generally recognized that the three major parties responsible for the aviation security at an airport are appropriate government departments, airport operator and airlines. The airlines are the beneficiaries of security activities as well as the provider of security activities. So, their responsibilities have been critical in protecting civil aviation from unlawful interferences. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. The government has the responsibilities not only for establishing regulatory system but also for oversighting the implementation of aviation security activities. The paper is to review the revision of aviation security regulation and the changes of aviation security responsibilities, and costs and task assignment in Republic of Korea after September 11 event. The responsibilities, tasks and costs assigned to airlines, airport operators and government are introduced and evaluated in terms of economic fairness, effectiveness and efficiency of aviation security activities. The drawbacks of new legal system are pointed out and the suggestions to remedy them are proposed as conclusions.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.207-229
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• 2019

It is a general recognition that more serious criminal acts in a certain area of society should be given more serious condemation than the same general crimnal act. In particular, considering the purpose of the medical treatment and the trust relationship between the doctor and the patient, the sexual violence by doctor in medical field can not be placed on the same line as that of the general public. But the special legislation to solve this through criminal legal sanctions is not desirable. The basic principle of criminal law ist ultima ratio, so the principle of supplementality. It means to try to solve by all possible means and finally to enter with punishment. A flat and hasty Reaction without the considering of the speciality of medical treatment will cause serious cracking in that area. In addition, it will not be able to expect desirable results in legal practice by breaking down the legal system. Rather, administrative regulation is more efficient than punishment sanctions. But the best way is autonomous control by members of the medical area. Penalties in criminal law must make an enterance at the last, and administrative regulation should be timely intervene in specific situations through diversification. In conclusion, state interventions should be farthest in order to proceed to autonomous control of medical area.

• Spatial Information Research
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• v.23 no.5
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• pp.21-30
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• 2015

Korean government has promoted the projects of National Geographic Information Systems since 1995 and the utilization level of Korean National Spatial Data Infrastructure based on them has also developed. However, due to the limit to domestic market size and the legal regulation on prohibition of large sized companies' expansion into domestic spatial information markets, Korean spatial information markets are tied up in term of industrial competitiveness. To overcome those problems and evade the domestic red oceans, it is necessary to find new one in overseas' blue ocean markets. It is estimated that overseas spatial information market will be grown to 125 billion-dollar size and the annual growth rate of it will be reached to 10.5% until 2015. Thus, Asian spatial information market has a huge growth potential and it is newly rising blue oceans for Korea. Advanced countries such as Finland, Germany, Sweden, and Japan have already expanded their market size into the newly industrializing countries. To step with advanced countries, it is time to set up the new globalization strategy of Korean spatial information for expansion into newly industrializing markets. The purpose of this study is to analyze the SWOT of domestic spatial information, investigate the status on spatial information of Asian developing countries, and suggest the globalization strategy of Korean spatial information for expansion into them. The globalization strategy can be labelled as K-FBI composed of 4 domains such as Knowledge sharing platform, Frontier, Back to the basic, and Internalization. In near future, the establishment and performance of road map based on the strategy will be the milestone for Korean spatial information companies' advance into Asian developing countries.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.4
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• pp.389-397
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• 2014

The purpose of this thesis is studying for a legal basis and definition of Oil Record Book. In the thesis, comparing with the laws related to punishment for false entry of Oil Record Book of the maritime countries and korea Act. Studying the improvement marine pollutants from ships by suggesting legal and institutional proposal which are able to make themselves increase effectiveness for recording and inspection of Oil Record Book. Suggest the solution of the problems raised in this thesis, First, The Oil Record Book should not be the evidence which is having the effectiveness simply after the accident of marine pollution, but take sanction on pre-inspection of Oil Record Book as establish the concrete administrative punishment for each contents-based record of Oil Record Book. Second, It should set up of judgement criteria of false entry of Oil Record Book by port state control officer. Third, It should strengthen the legal effectiveness of Oil Record Book contents such as Code(c) ; oil residue, Code(d); relating to bilge discharge by including premeditation for false entry of Oil Record Book. Also, The enhancement of role for marine pollution prevention manager raise the effectiveness of Oil Record Book as recognizing the importance of Oil Record Book.

• Journal of Navigation and Port Research
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• v.41 no.6
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• pp.359-364
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• 2017

This study examined business acts related to leisure boats, so as to investigate the differences of regulations and things to be supplemented, as well as to suggest improvement measures. In order to achieve this purpose, the authors analyzed the respective legislations. The Acts on businesses using leisure boats(or power-driven water leisure crafts) are the Marine Transportation Act, Excursion Ship and Ferry Business Act, Water-Related Leisure Activities Safety Act, and Act on the Development, Management, etc. of Marinas. These Acts have differences in regulations, in terms of gross tonnage, the age of vessels, crewman, and the liquor traffic. These differences can cause problems such as adjusting the gross tonnage of the vessel by modifying the structures of the facilities, assigning old vessels, sailing without crewmen required for safety, and going against fairness in the liquor traffic in similar businesses. Such differences appeared to be caused by the lack of understanding of leisure boats and the series of new legislation which have been added one by one. It is required to raise the understanding on the characteristics of leisure boats and reflect them in the legislation.

• Korean Security Journal
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• no.27
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• pp.161-195
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• 2011

As crimes have increased to an extent that the police cannot cope with, there have been continuous discussions for the introduction of Private Investigation (hereafter PI) in Korea. However, attempts to legislate for the introduction of PI have failed every time PI bills for the introduction of PI were proposed. This was fundamentally because arguments both for and against the introduction of PI were sharply divided depending on the priorities. However, regardless of those clash of views, an apparent need for the legislation of PI service has arisen. As Korea opens its service market to other countries through GATS and FTAs, currently existing domestic PI law has been found to be inconsistent with international agreements such as GATS and KOREA-US(KORUS) FTA. This paper found that the Act on Usage and Protection of Credit Information which regulates PI service is inconsistent with the Article 12.4(a)(i) and (iii) of KORUS FTA and the Article 7.11 and the Article 7.13 of KOREA-EU FTA. If Korea does not modify the existing laws and establish new laws in relation to PI, such inconsistencies could lead to international trade disputes which could amount to billions of dollars. In this regard, the passage of the PI bill is necessary.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.3-33
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• 2020

Until recently the German and the South Korean medical associations reacted cautiously to the introduction of telemedicine between doctor and patient which is exclusively on the platform conducted. But the General Assembly of German Physicians voted to lift the ban on remote treatment with the amendment to Section 7 (4) MBO-Ä(Medical Association's Professional Code of Conduct) in 2018 and the situation has been fundamentally changed in Germany. From then until now 16 of 17 rural medical associations have changed their professional code to allow telemedicine. In addition the legislature started to prepare the basis for the introduction of the electronic health card (eGK) and the telematics infrastructure. So far, various laws such as Medicinal Products Act, Drug Advertisement Act and Social Code have been changed to support legalization of telemedicine and digitalization of health care. Unlike in Germany, the social circumstances such as excessive centralization of the big hospitals in Seoul and the resulting concern of small medical practices for profitability are the main obstacles to the introduction of telemedicine. However the German approach how to legalise the telemedicine and to prepare for legal and technical infrastructure is also interesting in South Korea. The discussions for and against the changes in the law and the telematics infrastructure attempted by the German government for several years indicate that not only lifting the ban on remote treatment, but also harmonization of all the related legal system could guarantee successful implementation of telemedicine.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.11
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• pp.287-294
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• 2018

This thesis covers legal aspects of the crypto-currency exchange and the legal rights of crypto-currencies holders. Unlike financial markets in which central authorities or intermediaries determine the validity of transactions and manage records, crypto-currency markets utilize a decentralization system based on block chain technology. Such distinct characteristics distinguish crypto-currency from currency, notes, or financial instruments. Therefore, we need to check closely the legal principles that are applicable to crypto-currency. Crypto-currency users possess rights indirectly through the crypto-currency exchange. However, we should look at whether crypto-currency can be an object of ownership. This research found that legal protection for crypto-currency exchanges are limited. Domestic laws have many shortcomings to protect users' rights. This study found that users who incurred damages due to internet computation errors at exchanges require a protective system like stock markets. Therefore, studies on the legal controls and system regulations are required to protect users' rights. Also, crypto-currency information exchanges keep inside and protections for users' private information need to be further examined.