• Informatization Policy
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• v.25 no.1
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• pp.60-81
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• 2018

Healthcare is on the verge of a paradigm shift towards an emphasis on wellbeing, integrative health, and prevention of disease, while the traditional medical model focuses solely on end-point treatment. The development of digital technologies has played a major role in this change as digital technology and health have converged. Therefore, many developed countries promote the digital healthcare industry as a new economic growth engine, and Korea is no exception. To promote the digital healthcare industry, the Korean government provides institutional support by improving the legal and regulatory system for medical devices and health data. However, Korea still has an underdeveloped legal and regulatory framework for digital healthcare compared with other countries. In this study, we review the relevant regulatory systems in the United States, United Kingdom, Germany, and Japan. We then explore newspaper articles and conduct expert interviews to analyze the regulatory situation in Korea and the problems the digital healthcare industry faces. In conclusion, we discuss a regulatory reform plan for development of the digital healthcare industry in Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.1-36
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• 2016

Unlike continental European legal systems (civil law systems), specific performance in common law refers to an equitable remedy requiring exactly the performance that was specified in a contract. It usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique. Thus, under common law specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. Consistent with the practice in civil law jurisdictions, United Nations Convention on Contracts for the International Sale of Goods (CISG) makes specific performance the normal remedy for breach of a contract for the sale of goods. Therefore, the buyer may require a breaching seller to deliver substitute goods or to make any reasonable repair. Likewise, the sellermay require the buyer to taker delivery of goods and pay for them. Despite this, Article 28 of the CISG restricts the availability of specific performance where it would be unavailable under the domestic law of the jurisdiction in which the court is located. Thus, the CISG's more liberal policy toward specific performance is restricted by common law. There are some legal issues in CISG's specific performance availability by Article 28. This paper analyzes these issues as interpreting Article 28 of CISG, by examining various theories of application to actions for specific performance and comparing CLOUT cases involving CISG Article 28.

• Korean Journal of Social Welfare
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• v.62 no.2
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• pp.349-373
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• 2010

The purpose of this paper is to critically analyze the way of knowledge production in social welfare and to graft feminist epistemology to the discipline of social welfare. To put it more concretely, as analyzing the epistemological and methodological issues appeared in the articles in "orean Journal of Social Welfare", this study examines the meanings of feminist epistemology and its implications to research and practice in social welfare. From its onset, feminist research criticized the 'mainstream' ways of conceptualizing knowledge construction via research conducted upon a positivist epistemological position. Particularly, western feminists have problematized the androcentric bias embedded within the so-called 'social sciences' that we have taken for granted as 'scientific,' 'objective,' and 'neutral,' and attempted to redirect and reformulate the way of knowledge production with new concepts of 'strong objectivity,' 'partial/situated knowledge,' and 'strong reflection.' We believe that the implications of feminist epistemology to enable us to reflect the power relationship between subject and object, I and Other, and the researcher and the researched will contribute to recover the original vision of social welfare as critical theory and liberating practice in social work.

• The Journal of the Korea Contents Association
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• v.18 no.9
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• pp.510-520
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• 2018

This study explored the phenomenon of heterosexual women embracing Boys' Love manga within the heteronormativity context from a feminist psychological perspective. Specifically, the issue of genre characteristics of Boys' Love manga, women's psychological mechanism of reading Boys' Love manga, and the functions and effects of embracing Boys' Love manga were discussed. As a theoretical framework of analysis, I started from the classical psychoanalysis and critically adopted the concepts of the various camps of feminism, queer theory, and Huizinga's Homo Rudens. The results show that Boys' Love manga can be classified as a sub-category of the romance genre, which fulfills heterosexual women's desires of eternal love and equal partnership. From these wish-fulfilling fantasies, heterosexual women attempt to be decontextualized from the heteropatriarchism, to enjoy distancing and voyeuristic separation from the characters in the texts, and to disturb the dichotomous gender system through gender reversal identification. These processes, which can be regarded as a women's play challenging sexual rigorism, ultimately bring about an awareness of the female sexual subjectivity.

• International Commerce and Information Review
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• v.16 no.3
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• pp.465-486
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• 2014

This paper intends to analyse some legal issues on US-Orange Juice Case. Brazil's WTO challenge is to the methods undertaken by US in calculating antidumping duties in administrative reviews of Brazilian Orange Juice. Panel resulted that conforms with earlier Appellate Body decision outlawing the use of 'weighted average to transaction zeroing. This paper note that panel's stance was driven from 'stability and predictability' within the DSB system. There was a de facto form of stare decisis. However, Panel in US-Orange Juice recognized that Appellate Body decision is wrong about finding zeroing to be violation of the fair comparison requirement of the Article 2.4 of the WTO Anti-Dumping agreement. Zeroing dispute of WTO Anti-Dumping Agreement will be continued that because this matter. Fortunately, the American government announced it would be stop zeroing system of administrative reviews. As result, Carefully, We anticipate that US-Orange Juice's decision is the end of zeroing method on the WTO Anti-Dumping Agreement.

• Journal of Navigation and Port Research
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• v.34 no.6
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• pp.459-470
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• 2010

It is necessary to prepare a plan to accommodate the International Convention in domestic law, focusing on the new duties for the Coast Guard as they pertain to the field of ship recycling, by studying the key issue of the "HONG KONG International Convention for the Safe and Environmentally Sound Recycling of Ships" of the International Maritime Organization(IMO) and through analyzing the current status of the Coast Guard. The Coast Guard is directly responsible for the protection of the marine environment and takes charge of important duties; Therefore, by instituting a legal basis for its new duties, it will not only create new business but also be able to consolidate its role as an important constituent in the sphere of marine conservation and protection.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.35-57
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• 2014

Recently, there has been fierce argument between oriental and western doctors in the medical field. The use of medical devices has particularly come to the fore lately. Appropriate medical devices are required to diagnose and treat patients' conditions or illnesses accurately. At issue recently in medical device sector are diagnostic instruments using radiation, magnetic resonance imaging, ultrasound, IPL(Intense Pulse Light), and instruments used for tonometry. Relating to this issue, Association of Korean Oriental Medicine and The Association of Korean Medicine are sharply opposed. It is predicted that more accusations of this kind will be seen in the future. As oriental medicine contends, ultrasonic imaging itself seems to cause no harm to humans and its use may have an advantage for national health. The use of western diagnostic equipment can expand the diagnostic range of oriental doctors. However, unless new legislation is made, it is against the law for oriental doctors to use this equipment. Both law and medical science require grounds and predictability on the correctness of a decision and all of its consequences. Additionally, oriental medicine's use of ultrasounds and other medical devices should be established by standards and grounds which make same the diagnosis with repetition. Therefore, the scope of oriental medicine can be expanded following a revision of the Oriental Medicine Promotion Act and it is estimated that the state of national health will be greatly improved by the mutual respect of both sides of the health profession.

• Journal of the Korean association of regional geographers
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• v.19 no.3
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• pp.514-540
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• 2013

Today human rights are the most complex and prominent issue in the system of international law, and the right to housing(housing right) is also recognized as a basic human right in the international human right instruments including the Universal Declaration of Human Rights. This study targets to comprehensive review of the housing rights provisions with 85 international human rights laws and instruments. And the contents and characteristics of housing rights are analyzed with categorization based on housing rights in general, housing rights of workers, socially vulnerable groups, international regional organizations. Housing right takes also the features of universality, indivisibility, interdependence, and right to adequate housing should be interpreted with holistic view including legal security of tenure, accessibility, affordability, location beyond ensuring just a physical housing space. Approaches to the housing right comprehensively reflect the view of the right to development, the perspective of gender equality, the principle of non-discrimination, the participation rights, and orient the housing right should be seen as the right to live somewhere in security(safety), peace and dignity.

• Journal of Digital Convergence
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• v.13 no.2
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• pp.23-34
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• 2015

The purpose of this study is to analyze comprehensively Jeju Self-Governing School Policy (JSSP) by using the four dimensional views of policy theory frame and to suggest its improvements. The results are as follows: First, JSSP should improve differentiation of curriculum and locality centered on local basis, wide application of the special laws, and professional accountability. Second, JSSP should improve the policy structure of educational governance and differentiated standard of students achievement assessment, resolve equity issue, and secure the self-finance of the schools. Third, JSSP should improve localization of educational administration, administrative and financial support for teachers, parent's empowerment, and students understanding of the policy, and expand principal invitation system, Fourth, JSSP should improve public relations, the roles of the Council and professionalism of assessors, and adopt efficiency approach into the assessment system.

• Informatization Policy
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• v.25 no.2
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• pp.84-96
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• 2018

The right to be forgotten means the right of people to request information and communication providers to delete their information online. As the number of people asking for deletion of their past embarrassing or negative online activities is increasing, discussions are being raised on the introduction of the right to be forgotten in South Korea. However, previous research on the right to be forgotten mainly deals with the legal concept, with insufficient consideration of economic value. The main purpose of this research is to examine social perception towards the right to be forgotten and to estimate its economic value quantitatively. According to the results, there are concerns about disclosure of personal information, but with lack of awareness on the right to be forgotten. The monthly average amount that a person is willing to pay to be forgotten is 1,218 Korean won (11 US dollars) and the total economic value is estimated to be about 540 billion won (490 million dollars) per year in 2017. Especially, those who have experienced leakage of personal information put higher value to the right to be forgotten. These results can be useful for making decisions about the right to be forgotten in the future.