• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.3-35
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• 2017

The Supreme Court of Korea first admitted compensation for damages caused by breach of informed consent in 1979. From then on, specific details of informed consent are shaping up and developing through court precedents. The duty of informed consent of doctor is based on article 10 of the Constitution and medical contract, and is expressly prescribed Article 12 of Framework Act on Health and Medical Services and other acts and regulations. By the way, the regulations about duty of informed consent of doctor have been established in Medical Law revised on December 20, 2016, and the revised Medical Law will be implemented on June 21, 2017. According to the revised Medical Law, medical practices subject to description and consent are operation, blood transfusion and general anesthesia that threaten to cause serious harm to human life or to the body. When performing these medical activities, the written consent must be explained and agreed upon in advance. If a doctor violates the law, he will incur fines of less than 3 million won. Comparing and viewing the revised Medical Law and existing legal principles about the duty of informed consent, we can confirm that there is a substantial difference between the two parties. Accordingly, despite the implementation of the revised medical law, the existing legal principles are unlikely to be affected. However, from the perspective of legal uniformity and stability, it is undesirable that legal judgments on the same issues differ from each other. The revised Medical Law about informed consent needs to be reformed according to existing legal principles. And, as in the case of Germany, it is desirable to include the matters concerning informed consent in the civil code.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.37-60
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• 2017

Ownership is the bundle of rights that allow a person or institute to use and control an object. As the biomedical science is advanced, we should consider whether human biological material should be recognized as property. Whether separated parts of the human body can be objects of ownership is a different issue. Many thought that separated parts of the human body could not be objects of ownership. This idea is primarily based on this thought: even if a piece of human biological material is separated from a person, it still relates to that person, and if treated as a thing, human dignity may be harmed. However, some commentators have admitted separated parts of the human body into the realm of property. Though a person owns his/her body or body parts, this does not mean that he/she can do anything he/she desires. There are many natural and social limitations to exercise the ownership of human biological material as discussed above. Human dignity is the core consideration whether or not we recognize that ownership of human biological material biomedical research and knowledge.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.79-107
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• 2004

Shielding theory is to allow the construction of a structure that would be shielded by existing permanent structures even thought such structure extends above the height limits prescribed for such zones. This theory is mentioned as recommended practices in ICAO Annex, and is adopted, with modification, in the current Military Airbase Law, amended in August 26th 2002. However, the Military Airbase Law adopts shielding standard allowing 45 meters uniformly, which is a unique standard compared to other countries shielding guideline. The basic principle in applying the shielding theory is, after considering the circumstances of location of shielded structure, whether such structure has physical effect on aeronautical operations. Based upon the basic principle of shielding theory, the uniform application of shielding standard in the Military Airbase Law would undermine the safety of aeronautical operations. This article is to review subsection 2 of section 8 of the Military Airbase Law, which adopts modified shielding theory, and is to suggest better guideline. From a comparative analysis perspective, shielding guidelines of ICAO and other countries will be discussed. Based upon this discussion, the general problems of shielding theory and the specific problems in the Military Airbase Law will be examined. Finally, this article suggests the case-by-case application of shielding theory, considering circumstances of location, for the purpose of ensuring aviation safety.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.33 no.3
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• pp.1181-1189
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• 2013

This study illustrates the results of a background policy research conducted to provide supports for the 'Korean Engineering Industry Enhancement Law' promulgated by the Korean Ministry of Knowledge Economy. The main issue covered in this study is an effective way of managing standardized career development program for construction engineers. This study attempted to provide detailed criteria and guidelines for the public career development program for construction engineers by effectively collecting and analyzing relative. In doing so, various opinions from a wide range of stakeholders and related parties were gathered. In addition, an in-depth benchmarking investigation was performed with four main associations who have been operating their own career development management program for construction engineers. Some of the findings from this study have played a positive role specifying the details of the recently promulgated law such as 'Notice by Ministry of Knowledge Economy 2011-76: guidelines for managing construction engineer career'. This study was an empirical and practical research effort helping the government to set up an effective construction law system.

• The Journal of the Korea Contents Association
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• v.13 no.1
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• pp.175-185
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• 2013

The judgement which is subject of research has denied legal rescission of division of the inherited property by agreement based on (1) the fact that the division of inherited property terminated at the time of concluding mutual agreement in its nature while only the relationship of claim and obligation between the inheritor who has paid for such obligation and the inheritor who has acquired such obligation in the mutual agreement remains (2) and the fact that the legal stability is considerably hindered as the re-partition of inherited property having retroactive effect becomes unavoidable in case of approving the legal rescission of the division of the inherited property by agreement. But it is reasonable to also approve legal rescission on the division of the inherited property by agreement in case the division by agreement actually has the nature such as conditional donation between joint heirs (1) from the fact that the division of the inherited property by agreement gets the nature of disposal equivalent to exchange, transfer and abandonment of share between joint heirs in actuality, (2) and the fact that there are no other theories in approving the validity of mutually agreed rescission despite the fact that the re-partition of inherited property having retroactive effect is unavoidable even in case of the mutually agreed rescission of the division by agreement among all joint heirs. However, as the division of the inherited property by agreement is a contract that gets concluded only if all joint heirs participate, even the legal rescission for the reason of not fulfilling the obligations paid by one party of the heirs during the division by agreement must be considered as possible only by expression of intentions from all other joint heirs excluding this one party.

• Journal of Korean Medical classics
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• v.19 no.1 s.32
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• pp.47-109
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• 2006

서양의학상인위남녀근근시재생식기부동적인(西洋醫學上認爲男女僅僅是在生殖器不同的人). 최근(最近), Legato, Marianne J.박사창립료(博士創立了)‘성인지의학(性認知醫學)’학(學), 개시인식도남녀적차이(開始認識到男女的差異), 주장남녀재치료방법상역부동법(主張男女在治療方法上亦不同法), 종이저일연구진입도료신적단계(從而這一硏究進入到了新的段階). 단시한의학종(但是韓醫學從)${\ulcorner}$황제내경(黃帝內經)${\lrcorner}$개시(開始), 취인위남녀재구조상유근본적차이(就認爲男女在構造上有根本的差異), 이차재생리(而且在生理), 병리(病理), 진단(診斷), 치료상야부동(治療上也不同). 기록한의학기본원리적주역적상관서적화(記錄韓醫學基本原理的周易的相關書籍和)${\ulcorner}$황제내경(黃帝內經)${\lrcorner}$, 이급역대적주요한의서적급종사임상적한의사적서적상(以及歷代的主要韓醫書籍及從事臨床的韓醫師的書籍上), 역도인위남녀유차이(亦都認爲男女有差異). 관어남녀적생성(關於男女的生成), 재(在)${\ulcorner}$보제방(普濟方) 방맥총론(方脈總論)${\lrcorner}$적변남녀형생신육론중제출료(的辨男女形生神毓論中提出了男女的形成有異). ${\ulcorner}$동의보감(東醫寶鑑)${\lrcorner}$여기타한의서부동(與其他韓醫書不同), 불시이질병위주(不是以疾病爲主), 이시이신위중심(而是以身爲中心), 즉목차안형상진행료배열(卽目次按形象進行了排列), 차상세지언급료남녀(且詳細地言及了男女). 나요남녀시고정불변적마 불시적(不是的). ${\ulcorner}$동의보감(東醫寶鑑) 신형장부론(身形臟腑論)${\lrcorner}$인위(認爲)‘인적형색유차이(人的形色有差異), 장부이유이(臟腑易有異), 고외증수동(故外症雖同), 치법인인이이(治法因人而異).’ 안형상선용부동적치법적관점(按形象選用不同的治法的觀点), 이통과주단계지언이표명(已通過朱丹溪之言而表明). 불변관점상여자체격소이동(不變觀点上女子體格小易動), 남자체격대이와(男子體格大易臥). 남자속양기이산(男子屬陽氣易散). 여남자정서초차(如男子情緖稍差), 즉음주해수(卽飮酒解愁), 불이득우울증(不易得憂鬱症). 응보기정기(應補其精氣). 여자속음기이울체(女子屬陰氣易鬱滯), 다유인기지성질(多有忍氣之性質), 이득우울증(易得憂鬱症), 고다용산기약(故多用散氣藥). 간단이언(簡單而言)‘남자위병허증(男子爲病虛證), 여자위병실증(女子爲病實證).’ 종변화적관점래용약(從變化的觀点來用藥), 예여남자수소가용여자약적사물탕(例如男子瘦小可用女子藥的四物湯). 여자비가용남자약적사군자탕(女子肥可用男子藥的四君子湯). 여자골장가용남자약적육미지황환(女子骨壯可用男子藥的六味地黃丸). 위료갱용역이해(爲了更容易理解)‘남녀불변화변화적관점재의학적운용(男女不變和變化的觀点在醫學的運用)’, 이임상병례진행설명(以臨床病例進行說明). 재임상상통과형색맥증적합일화변증론치결정처방(在臨床上通過形色脈證的合一和辨證論治決定處方). 즉불능단순적인위(卽不能單純的認爲), 인위시남자취용육미지황환(因爲是男子就用六味地黃丸), 여자취용사물탕(女子就用四物湯). 남자약소가용사군자탕(男子若小可用四君子湯) 사물탕(四物湯) 육미지황탕(六味地黃湯), 이여자약대가용사군자탕(而女子若大可用四君子湯) 이진탕(二陳湯) 평위산(平胃散) 육군자탕(六君子湯). 인차(因此) 남녀재구조(男女在構造) 생리(生理) 병리유근본성차이(病理有根本性差異), 불이형상래구분(不以形象來區分), 용약상시지불변적입장(用藥上是持不變的立場), 이이형상용약(而以形象用藥), 시종변화적입장래고려적(是從變化的立場來考慮的). 인위이남녀위기준종사임상(認爲以男女爲基準從事臨床), 시부합한의학기본원리지음양관(是符合韓醫學基本原理之陰陽觀).

• Journal of Broadcast Engineering
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• v.22 no.2
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• pp.214-233
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• 2017

For people with physical or sensory limitations, broadcasting is the main means of information acquisition and leisure. Recently, changes in the media environment, such as convergence of broadcasting and communication, digital mobile conversion of broadcasting, and active media usage behavior of users, make broadcasting accessibility of the disabled difficult, and as a result, the information gap between the disabled and the non-disabled is increasing. A notice on broadcasting rights for the disabled was enacted in consequence of the amendment of the Broadcasting Law in July 2011 and the web accessibility guideline became more effective with the amendment of the National Informatization Act in 2013 so that legal basis for the right of media access for the disabled was established. However, media services for them are still lacking quantitatively and qualitatively. In this study, we describe the present status of the audio description service for the visually impaired, and analyze the results of the questionnaire survey on the usage status, satisfaction and improvement requirements of the audio description service for 100 visually impaired people.

• Journal of the Korea Institute of Building Construction
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• v.17 no.5
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• pp.473-481
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• 2017

With the barracks modernization project, the Ministry of National Defense has been operating 60 projects of the 75 that have been announced. It was difficult to investigate and analyze the data in the past because data could not be obtained while it was much easier to do that since data can be obtained from private companies. With the aim of increasing the usability of the facilities, the objective of this study is to present a reasonable alternative for repair and maintenance costs by investigating and analyzing the budget and the actual expenses of repair and maintenance of military facilities for the past 3 to 5 years, and then identifying the problems with these. To accomplish this, a theoretical review of previous studies and legal grounds related to repair and maintenance costs was performed, and data on the estimates and the actual expenses data used in BTL projects carried out by private companies were analyzed. First, one of the problems was that there are some items omitted, including consumables, and these items should be included in order to secure their budget. Second, in terms of the items for divided payments, two improvements had been presented: a short-term payment plan for the operation period of 3 to 5 years and a long-term payment plan for an additional and complemented period other than the operation period. The repair and maintenance costs should be further studied at the point of time in a future when the actual data on the costs and operation period of military facilities can be secured. This study is expected to serve as empirical data that will form the basis for a reasonable calculation of the construction cost for military facilities.

• Journal of the Korean Geographical Society
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• v.50 no.2
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• pp.185-201
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• 2015

This paper suggests how Korean housemaids, called Sikmo, and Korean-Chinese migrant domestic workers have similar class positions and therefore form a dual identity in their interactions with female employers. rough spoken stories of the experiences of 27 females from Seoul, including Korean-Chinese domestic workers, Korean housemaids, and their employers, this research effectively overcomes the dichotomous discourse of natives versus foreigners. Instead it suggests the new interpretation that it is not foreignness but class inferiority of the domestic workers that plays a key role in establishing relationships with employers. Korean housemaids and Korean-Chinese domestic workers, both groups of whom are migrant workers, have developed coping strategies to enhance their labor value by spatially relocating themselves from their home society to a new society. They possess a similar labor status in women's history, being of low income, low education, and rural births. Consequently, these women experience 'translocal anchoring,' meaning their identities are intertwined with that of their home societies, and employers perceive them based on the characteristics of these places. The Korean employers perceive that the domestic workers' morality and intellectuality are inferior based on their class differences. This stigmatizing process leads employers to regard domestic workers as ambivalent people, not only threatening outsiders but also objects of pity, needing love and protection of their employers. The employers educate them culturally, teaching them skills to survive in the urban environment. These skills include cooking and language, in addition to advice on long-term plans to blend into society.

• Korean Security Journal
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• no.51
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• pp.153-170
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• 2017

The purpose of this study is to rediscover the operation of anti-terrorism system focusing on the system approach and crisis management approach for counter terrorism in Korea. According to the results of this study, it is required to establish a link between open systems and integrative system focusing on functional linkage of counter-terrorism systems, and cooperative measures with private sectors in the dimension of governance activation. Further, it is necessary to prepare legal foundations for the cooperation with private sectors and then promote open consciousness transformation through the partnership with private security for anti-terrorism activities. In addition, in its preventive stage, it is required to prepare legal systems related to biochemical terrorism for stronger regulations through crisis-managerial approach. Next, in its preparatory stage, it is necessary to prepare education and enact named Terror Prevention Day for increasing terror safety consciousness, and then extend citizen reporting reward systems to enable citizens to participate and become interested voluntarily in terror prevention. Also, it is essential to establish the substantial training system for preparing for terror occurrence. Moreover, in its response stage, it is urgent to construct networks between related institutions to manage field and spot responses with integrative management systems through information sharing. Furthermore, in its restoration stage, it is indispensible to prepare long-term management systems for injured persons and families of the deceased from terror incidents.