• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.3-26
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• 2015

Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.46 no.12
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• pp.1056-1069
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• 2018

In order to promote the commercial space activities of the private sector, the Trump Administration announced the commercial space regulatory reforms by issuing the Space Policy Directive-2 (SPD-2) on May 24, 2018, followed by the SPD-3 dealing with a separate issue of the space traffic management on June 18. Both executive orders, based on the recommendations prepared by the National Space Council (NSC) reconstituted in June 2017 and signed by the President, involve regulatory reform policy related to launch services, commercial remote sensing, establishment of one-stop shop office in Commerce Department, radio frequency spectrum, export control, and space traffic management, providing a strong guidance to the Federal Government. The commercial space regulatory reform policy can be seen in broader terms of the National Security Strategy earlier announced on Dec. 18, 2017, and as such, it pursues the economic growth of the U.S. and the national security as well. The U.S. law and policy prioritizing its national interests by promoting commercial space activities may lead to concerns and debate on the potential breach of the provisions of the Outer Space Treaty. Hence, it is worth noting the legal implications as derived from the U.S. space policy and domestic legislation, thereby accelerating international discussion to build on international norms as appropriate to the pr ogress of space technology and space commercialization.

• Journal of Korean Society of Archives and Records Management
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• v.19 no.1
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• pp.167-194
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• 2019

This study aims to examine the change of awareness on presidential archives and records before and after impeachment by analyzing user frames. To achieve the goal of this study, prior studies of frame analysis were reviewed, and tweets of presidential archives and records before and after the impeachment were collected. This study conducted an analysis of Twitter and news extracted from Twitter using user frames and determined the differences between each frame over time. Afterward, five frames were set up to be used for the research through prior research and Twitter network analysis; changes in frames over time were examined by analyzing Twitter and news extracted from Twitter. Through such frame analysis, changes in the frame of presidential archives and records before and after the impeachment were examined, changes in public perception of presidential archives and records were identified, and areas of interest were determined. This study is significant as it identified changes in the public perception of presidential archives and records as well as in the areas of interest for the general public.

• Journal of Science and Technology Studies
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• v.19 no.2
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• pp.41-83
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• 2019

Recently, the establishment of the Special Act on National Research and Development(tentatively named) has been discussed with the aim of providing a legal basis for the comprehensive management of national research and development programs, which have thus far been independently implemented by government ministries. This paper analyzes the legislative process of the Framework Act on Science and Technology(hereafter, the "Framework Act") introduced for a similar purpose in 2001. By examining who had proposed various versions of the legislation prior to the enactment of the Framework Act, and which draft bill was derived ultimately through controversies, this paper will present the following two arguments: First, the obsession with a single regulation that can be applicable to all national research and development programs may lead to unintended consequences, given that the history of national research and development programs, each of which has been implemented by different government ministries, is quite long. Second, the Framework Act has an impact to date while it consistently internalizes the very unique orientations, as the concepts of "national competitiveness" and "national innovation system" postulate, even though it failed to establish an integrated rule. The case of the Framework Act will be a window through which one can glimpse how the present debate on the enactment of the Special Act on National Research and Development shall proceed, and further, reflect on the issues that were overlooked.

• Convergence Security Journal
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• v.17 no.5
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• pp.163-178
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• 2017

Recently, drone applications have been expanded not only in the military and security fields but also in daily life such as commercial and sports, and there is also a growing interest in using drone for private security work. This study focuses on the discussion on the use of drones in private security, drones regulation in the related laws such as the Private Security Act and the Aviation Safety Law, and major issues in accepting the Private Security Act. First, it focuses on the scope of private security work as defined by the Private Security Act, focusing on the use of drones as surveillance, information gathering, guidance and warning services, evacuation services, search and related material transport services, respectively. Second, the related laws for the use of drones in private security work include the Private Security Act and the Aviation Safety Act. However, the Private Security Act does not prescribe the current drones and the use of drones is regulated by Aviation Safety Act. Third, it is necessary to adjust the qualifications and authority range of security guards in the Private Security Act, to accept the drones as a type of security equipment, and to consider how countermeasures against threat types using drones should be accepted in the Private Security Act.

• Journal of Legislation Research
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• no.55
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• pp.193-237
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• 2018

The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

• Informatization Policy
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• v.28 no.1
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• pp.3-21
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• 2021

Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.43-65
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• 2023

The healthcare industry is a digital healthcare that combines technology based on the 4th Industrial Revolution, dealing with information on individual health and medical care, and is a fusion of health care services and medical science and technology. It is questionable whether digital healthcare according to the paradigm change can be discussed by the concept of medical practice under the existing Medical Act. There is no clear definition of the concept of medical practice in the Medical Service Act, but the concept is established through precedents. In addition, under the Medical Service Act, the subject of medical practice is limited to medical personnel. However, digital healthcare sometimes diagnoses and treats diseases using digital technology by medical personnel. On the other hand, what is possible by non-medical personnel is digital healthcare. This is because digital healthcare is understood as a concept that includes health care such as exercise, eating habits, and weight control. For this reason, if the concept of medical practice under the "Medical Act" on digital healthcare is included, it is subject to criminal punishment for "unlicensed medical practice" prescribed in Article 27 of the "Medical Act". In the health and medical industry, digital transformation and convergence with information and communication technology are rapidly progressing. As a result, there is a need to newly define it as 'digitalized medical practice' or 'information and communication technology (ICT)-based medical practice' separately from existing medical practices. The concept of medical practice has variability, not a fixed and invariable concept. However, in response to this demand, it is not an infinite expansion of the concept of medical practice, but a request to reset its scope. Therefore, the concept of medical practice should be legislated by reflecting the demand of consumers for the medical service system.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.17 no.6
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• pp.1-12
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• 2022

This paper put the goal on boosting up early startup investment by delivering and positioning SAFE as the main early startup investment type in Korea. In particular, this paper proves the better fitting of SAFE as to the early stage of venture investment than these of Convertible Note. This paper as referring the previous studies of SAFE as the major keystone issues determining active SAFE applying (legal positioning issue, tax treatment issue, failure of inducing the following investment with uncertainty over maturity) proposes boosting up policy of Korean SAFE. First, as to accounting treatment of SAFE, it suggests SAFE to recognize legally as "the capital" on the Korean Venture Investment Act of introducing SAFE actively as venture investment type. Second, as to tax treatment issue, it proposes on amending venture indication rule as the best alternative of resolving tax issue by accepting SAFE as the investment meeting to venture investment requirement. Third, as benchmarking foreign cases, it delivers the method of modifying foreign SAFE Contract Format by adding up more clauses about safety vehicles against the failure of the following investment and fixing maturity date and event. Ultimately, all resolutions of this paper fall on highlighting the role of Korean Venture Investment Act and Ministry of SMEs and Startups.

• Korean journal of communication and information
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• v.39
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• pp.250-283
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• 2007

The Shinmoongo (Shinmoon-drum) system is known as the last means of petition, appeal, and, denunciation during the Chosun dynasty. The purpose of this study is first to examine the system's origin and changes of its function and operation. The study further looks at several issues around the striking gong system, an alternative appealing method, and its background and transition. Introduced by King Taejong, the Shinmoongo was a kind of the press (or communication) system which was intended to deliver various cases of personal appeal, social petition, national denunciation, etc. Since the 2nd year of King Sejong, the system had been changed into the legal system which mainly to settle personal mortifying problem. Originally, the system was institutionalized for the common people who were hard to appeal their mortifying affairs to the supervisory administration. This reporting system to a superior was utilized as an institutional device to remedy abuses from 'complaint to the King near his sedan chair' and 'direct complaint out of order' during the early disordered years of Chosun dynasty. The system was often abused for the devices of private interest by illustrious officials. Meanwhile, it carried out a role of checking power abuses of provincial governors and magistrates. There were many obstacles for the common people and lowly people to turn to the means. The drum was located at the palace of capitol, less accessible for most people at the time. The petition had to be processed through several steps in written forms. The punishment on a false drummer was heavy. It inhibited any appeal concerning the superior under the rigorous caste system. The Shinmoongo system is regarded as a legitimate press system. Also, it is taken as informal or semi-official press system such as 'document to send around', 'document for agitation', 'joint petition', 'striking gong to complain', 'complaint to the King near his sedan chair', 'scream to complain', etc. Connecting together, the tools resulted in the increase of regal power and decrease of divine authority.