• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.215-239
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• 2011

We are now entering the era of Commercial Space Transportation with the rapid commercialization of space. Commercial Space Tourism will be realized first of all in the commercial space transportation and the spacecraft is developing for it led by private enterprise such as Virgin Galatic and XCOR Aerospace. The spacecraft for space tourism is developed as Reusable Launch Vehicle(RLV). RLV Spaceship I & II manufactured by the Scaled Composites for Virgin Galatic had completed experimental flight successfully and is going to put to the operation for space travel around the year 2012. In our country, Yecheon Astro-Space Center located in Yecheon, Kyungbuk Province, signed a binding-MOU with XCOR Aerospace and going to start space travel in the year 2013 with the spacecraft LYNX MARK-II. Thus, now space travel has become a reality to us. But it is also reality that there's no study by legal basis preparing for the space tourism domestically and internationally. In this regards, this thesis dealt with legal issues related to space tourism. These are as follows : (1) the applicabe law issue that is which law between air law and space law will apply, (2) the status of space tourist issue that is space tourist can be considered as personnel of a spacecraft and/or space flight participant and has the duty to obey the order of the captain of spacecraft, (3) the responsibility of the government for the non-governmental entities such as private enterprise which involved in space tourism in case space accident occurs during the space travel, (4) license permit and supervision issue by the government (In this point, for activating the market of the space tourism, I think it is essential to guarantee the safety of the spacecraft by the government authority, though U. S. government declared that it has not certified the launch vehicle as safe for carrying crew or space flight participants), (5) registration issue, (6) space insurance issue. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and New IGA of 1998 and concluded that uniform legal regime to govern these issues should be established domestically and internationally in the near future.

• 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.

• Korean Journal of Construction Engineering and Management
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• v.12 no.1
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• pp.97-106
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• 2011

Construction Management is the overall management of the project as construction manager and the owner are united together. Construction manager's role is to conduct the overall or partial construction administration in the 'design, bid, build' process, in the owner's interests with maintaining technical neutrality. Construction manager is becoming one of new professionals in the building process and the contract defines their roles and the range of services, so high level of ethnics are required. This study suggests the legal status of the construction manager and the ethnic standards and the ethnic's characteristics. In conclusion, firstly, the legal characteristics of the administration of construction management are the delegations contract, the responsibility of negligence and the duty of due diligence, abided by the contract that ties between the owner and the construction manger. Secondly, the administerial characteristics of the construction management are the role of mediator, the service of professional technology, accountability to the owner and publicness. Thirdly, due to these characteristics, as a professional, the standard of ethnic assessment for the construction project manager are intention, act and result, so with the relation to that, morality, deontology and consequentialism have been suggested in this study.

• 지역과문화
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• v.8 no.4
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• pp.23-42
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• 2021

This article examines the legal measures to establish the financial independence of the Local Cultural Centers(LCCs) by the revision of Promotion of Local Cultural Centers Act(PLCC Act) to allow profit-making activities of LCCs. For the past 70 years, LCCs have been the core of local culture, but they have not been financially independent and have survived through government subsudues and support funds. Its weak financial structure that depends on the subsidies makes it difficult to carry out the essential business and threatens sustainability. Legally, LCCs are special corporations which established in accordance with the PLCC Act, and their legal status and functions are stipulated in accordance with the laws governing their establishment. The current PLCC Act does not stipulate that the LCC may conduct profit-making business other than the essential business. However, compare to the other special corporations which established by their own legislatives, it is understood that the PLCC Act can also provide regulations related to the profit business of LCCs. This article presents legal drafts for PLCC Act and suggests other necessary discussions for financial independence of LCCs.

• The Korean Nurse
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• v.18 no.2 s.100
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• pp.57-69
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• 1979

오늘날 건강은 생존하는 인간이 지녀야 할 기본권리로 인정되고 있으며 국민의 복지향상이 없는 경제발전은 국제사회에서도 신망을 얻지 못하는 시대에 이르렀다. 국민의 건강수준은 그 사회전체의 문명척도를 의미하는 것이기 때문에 세계도처에서 인간의 복지향상과 인권보존을 위해 여러가지 형태로 건강사업을 추진하고 있으며 건강관리를 수행하는데 있어서 중추적 역할을 담당하는 간호의 교육은 매우 중요하게 다루어지고 있다. 1903년, 외국 선교사에 의해 간호교육기관이 설립된 이후 사회 정치적 배경에 따라 교육제도상 많은 변화를 가져왔다. 대학과정은 1950년에 개설했으나 6.25동란으로 첫번 학사 간호원은 1959년에 배출되었으며 현재 14개 대학이 있어 대학원과정도 운영하고 있다. 3년제 간호교육은 간호교육이념에 따라 1962년부터 초급대학 수준으로 승격되었고 1970년에는 교육법령이 개정되면서 전문학교로 개칭하게 되었으며 1979년 부터는 전문대학으로 개편하여 입학수준을 대학입학예비고사 합격자로 수준을 높였다. 계속 교육제도에 있어서는 석사 및 박사과정 이외에 여러가지 전문분야의 연구과정 및 실무 수련과정이 마련되어 있다. 간호교육 이념정립과 제도 개선을 위해 학계에서는 꾸준한 연구를 지속하여 정책수립에 반영했다. 지금까지의 진료중심의 간호에서 지역사회 건강중심의 간호역할로의 전환기에 있음을 인식하여 바람직한 변화가 올 수 있도록 교육목표를 설정하는 일은 매우 중요하다고 본다. 전문기관에서는 양적, 질적 간호인력 수급계획을 마련해야 할 것이며 간호원의 사회 경제적 지위향상은 물론 간호원의 역할을 법적으로 규정하여 효율적인 인력활용을 위해 계속 연구하는 일은 매우 중요한 과제라고 생각한다. 앞으로의 간호교육은 첫째, 현직 간호원의 사회 경제적 지위를 향상하고 둘째, 적성에 맞는 학생을 선발하고 셋째, 유능한 교수를 확보하는 일이라고 본다.

• Journal of the Korea Society of Computer and Information
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• v.20 no.4
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• pp.139-146
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• 2015

The Housing Lease Protection Act was enacted from March 5, 1981 as Law No. 3379 to guarantee the stability of residential life and legal status. After then, there were many problems, but through several times revision, it had improved insufficient part. However, in order to give guarantees actually the position strengthen for homeless poor people many issues still need to be solved and it has been raised. Along the way, with the introduction of the tenant renewal claims, in February 14, 2015, the National Assembly planned to discuss current issues by operating the Special Committee for housing welfare of ordinary people in the extra session. In the current, however, the conflict of the pros and cons is shown clearly. Meanwhile, because the contract renewal claim of tenant was not guaranteed, if the minimum duration of the lease will be lapsed, contract renewal is dependent on the intention of landlord. Thus, the residential stability of homeless poor could become unstable. Therefore, in this paper, to stabilize the residential living for tenants who are in poor status, analyze our term of existence regulation and through the compared to the national legislation about the term of existence, it will try to propose the specific legislative approach to the problem.

• Land and Housing Review
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• v.2 no.1
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• pp.9-17
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• 2011

A urban regeneration project of Korea has been promoted highly attaching to physical reforms, but without fulfilling the basic goal of reactivating city functions through concerning overall areas. Moreover, the general rule and its system of urban regeneration project which would provide roles of public and civilians as well as facilitate cooperative urban regeneration, are currently missing. Thus, social stratum continuously requests a framework act for urban regeneration project called Control Tower, to be a guide to the evidently right path to step up. The research analyzes the current status and problems of urban regeneration projects in Korea to examine the necessity of Control Tower, and to bring up the way to move on for its efficiency presented below: First, the law should be declarative; possess general, prospective influences on laws and systems related to urban regeneration. Second, the nonbinding guideline on a urban regeneration project should be suggested to reflect the conditions by the regions. Last, propulsions should be framed such as administrative principles of strengthening publicity and connection of urban regeneration projects, a committee and fund to promote the former, and a research for problem solution.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.43-82
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• 2019

In Korea surrogate medical decision makings happen without legal grounds. The purpose of this article is to research the issues in preparing policies for decision-making on behalf of unrepresented patients. As aspects of comparative law, there are two approaches. One of them is to regulate default surrogate list. If no agent or guardian has been appointed, some legislatures provide that members of patient's family who is reasonably available, in descending order of priority of not, may act as surrogate: (1) the spouse, unless legally separated; (2) an adult child; (3) a parent; or (4) an adult brother or sister. If none of them is eligible to act as surrogate, some legislatures allow close friends to make health-care decisions for adult individuals who lack capacity. On the other hand there are other legislatures which provide no surrogate decision maker list but oblige the responsible authority to determine with advice of family members or friends of the patient. In the end the first approach can not guarantee that the surrogate decision maker like family members or friends will determine in the best interest of the patient.

• Proceedings of the Korea Information Processing Society Conference
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• 2019.10a
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• pp.160-163
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• 2019

4차 산업혁명의 시대가 도래함에 따라 자율주행자동차 및 인공지능(Artificial Intelligent; AI) 로봇의 법적 지위와 민·형사법적 문제 해결을 위한 법제도 도입의 필요성이 제기되고 있다. 본 연구는 법제도 마련과 함께 준비되어야 할 기술적 패러다임으로서 AI 법인 및 블록체인 기반 AI 법인 시스템을 제안한다. 이 시스템에서는 특정 업무를 수행하는 AI 로봇 (하드웨어 또는 소프트웨어)이 정부의 엄격한 검증 및 테스트 기준에 따라 심사 및 인증을 받고, 그것의 정보, 인증 내용 및 알고리즘 코드가 임의로 조작될 수 없도록 암호화되어 블록체인에 기록된다. AI 로봇의 하드웨어 및 소프트웨어가 AI 법인으로서 정부의 인증을 받기 위해서는, 주요 업무 수행 및 네트워크 접근이 블록체인에 기록되고, 법인 시스템의 승인 없이는 작동될 수 없도록 하드웨어 또는 소프트웨어가 프로그래밍 되어 있어야 한다. 블록체인은 불변성과 보안성이 우수한 세계적으로 공유된 분산 데이터베이스이므로, 블록체인 기반 AI 법인 시스템을 국가적 정보시스템으로 도입하면 자율주행자동차 및 각종 AI 로봇의 상용화가 가져올 국내외적 문제와 혼란들을 대비하는데 큰 도움이 될 것이다.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.5
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• pp.482-487
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• 2017

It is necessary to respond to criminal cases on board of pelagic fishing boats in the international waters with domestic legal judgement and international legal judgement due to a natural limitation by geographical long distance while it is possible to deal with domestic criminal cases with prompt response by using air crafts or patrol vessels. In other words, according to the flag of the vessel, the legal status of the water where is the crime scene, the nationalities of the victim and the perpetrator, it is required to judge if Korea can exert their jurisdiction and there is an issue if Korea Coast Guard exert their law enforcement effectively with this natural problem. In this paper, I propose a systemic improvement for a swift investigation for henceforth similar case's occurrence by analyzing the jurisdiction, the suspect's handling, the basic cause of the murder on-board which are based on the case of the vessel No.803 Gwang-Hyeon which was happened recently.