• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.147-196
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• 2023

Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.427-468
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• 2015

To date, we have considered the theoretical views, the standpoint of states and the discourse within the international community such as the UN Committee on the Peaceful Uses of Outer Space(COPUOS) regarding the Air/Outer Space Boundary Question which is one of the first issues of UN COPUOS established in line with marking the starting point of Outer Space Area. As above mentioned, discussions in the United Nations and among scholars of within each state regarding the delimitation issue often saw a division between those in favor of a functional approach (the functionalists) and those seeking the delineation of a boundary (the spatialists). The spatialists emphasize that the boundary between air and outer space should be delimited because the status of outer space is a type of public domain from which sovereign jurisdiction is excluded, as stated in Article 2 of Outer Space Treaty. On the contrary art. I of Chicago Convention is evidence of the acknowledgement of sovereignty over airspace existing as an international customary law, has the binding force of which exists independently of the Convention. The functionalists, backed initially by the major space powers, which viewed any boundary demarcation as possibly restricting their access to space, whether for peaceful or non-military purposes, considered it insufficient or inadequate to delimit a boundary of outer space without obvious scientific and technological evidences. Last more than 50 years there were large development in the exploration and use of outer space. But a large number states including those taking the view of a functionalist have taken on a negative attitude. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It seems therefore to welcome the arrival of clear evidence of a growing recognition of and national practices concerning a spatial approach to the problem is gaining support both by a large number of States as well as by publicists. The search for a solution to the problem of demarcating the two different legal regimes governing the space above Earth has undoubtedly been facilitated and a number of countries including Russia have already advocated the acceptance of the lowest perigee boundary of outer space at a height of 100km. As a matter of fact the lowest perigee where space objects are still able to continue in their orbiting around the earth has already been imposed as a natural criterion for the delimitation of outer space. This delimitation of outer space has also been evidenced by the constant practice of a large number of States and their tacit consent to space activities accomplished so far at this distance and beyond it. Of course there are still numerous opposing views on the delineation of a outer space boundary by space powers like U.S.A., England, France and so on. Therefore, first of all to solve the legal issues faced by the international community in outer space activities like delimitation problem, there needs a positive and peaceful will of international cooperation. From this viewpoint, President John F. Kennedy once described the rationale behind the outer space activities in his famous "Moon speech" given at Rice University in 1962. He called upon Americans and all mankind to strive for peaceful cooperation and coexistence in our future outer space activities. And Kennedy explained, "There is no strife, ${\ldots}$ nor any international conflict in outer space as yet. But its hazards are hostile to us all: Its conquest deserves the best of all mankind, and its opportunity for peaceful cooperation may never come again." This speech seems to even present us in the contemporary era with ample suggestions for further peaceful cooperation in outer space activities including the delimitation of outer space.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.127-160
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• 2014

The UN COPUOS was established in 1959 as a permanent committee of the UN General Assembly with the aims to promote international cooperation in peaceful uses of outer space, to formulate space-related programmes within the UN, to encourage research and dissemination of information on space, and to study legal problems arising from the outer space activities. Its members have been enlarged from 24 members in 1959 to 76 in 2014. The Legal Subcommittee, which has been established under COPUOS in 1962 to deal with legal problems associated with space activities, through its first three decades of work has set up a framework of international space law: the five treaties and agreements - namely the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, Moon Agreement - and the five declarations and legal principles. However, some sceptical views on this legal framework has been expressed, concerning the applicability of existing international space law to practical issues and new kinds of emerging space activities. UNISPACE III, which took place in 1999, served as a momentum to revitalize the discussions of the legal issues faced by the international community in outer space activities. The agenda of the Legal Subcommittee is currently structured into three categories: regular items, single issue/items, and items considered under a multi-year workplan. The regular items, which deal with basic legal issues, include definition and delimitation of outer space, status and application of the five UN treaties on outer space, and national legislation relevant to the peaceful exploration and use of outer space. The single issues/items, which are decided upon the preceding year, are discussed only for one year in the plenary unless renewed. They include items related to the use of nuclear power sources in outer space and to the space debris mitigation. The agenda items considered under a multi-year work plan are discussed in working group. Items under this category deal with non-legally binding UN instruments on outer space and international mechanism for cooperation. In recent years, the Subcommittee has made some progress on agenda items related to nuclear power sources, space debris, and international cooperation by means of establishing non-legally binding instruments, or soft law. The Republic of Korea became the member state of COPUOS in 2001, after rotating seats every two years with Cuba and Peru since 1994. Korea's joining of COPUOS seems to be late, in considering that some countries with hardly any space activity, such Chad, Sierra Leone, Kenya, Lebanon, Cameroon, joined COPUOS as early as 1960s and 1970s and contributed to the drafting of the aforementioned treaties, declarations, and legal principles. Given the difficulties to conclude a treaty and un urgency to regulate newly emerging space activities, Legal Subcommittee now focuses its effort on developing soft law such as resolutions and guideline to be adopted by UN General Assembly. In order to have its own practices reflected in the international practices, one of the constituent elements of international customary law, Korea should analyse its technical capability, policy, and law related to outer space activities and participate actively in the formation process of the soft law.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.67-92
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• 2008

The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

• Journal of Navigation and Port Research
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• v.32 no.1
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• pp.103-108
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• 2008

In the maritime universities, cadets of deck part should practice on board training using training ships of university or merchant vessels of company for 1 year according to STCW Convention. For training period, trainees are educated many education items as to positioning ability, chart work ability, vessel operation ability and cargo operation ability etc. Among many abilities, vessel avoiding ability which is demanded as a basic ability for deck officer can't be gained easily, because avoiding maneuver of ship controlled by cadets is not allowable regally and encounter situations occur randomly. This paper investigated CPA to the various encounter types with other vessels during the ocean going navigation of T.S Hannara. We analysis danger degree per each encounter type, and proposed a basic material of efficient training education about proper look-out and avoiding maneuver.

• International Commerce and Information Review
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• v.16 no.4
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• pp.79-102
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• 2014

A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.223-232
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• 2002

The government, in order to settle and activate the use of Construction Management (CM) method, clarified the legal Issues pertaining to infrastructure development and is taking an active role to promote CM through government sponsored pilot projects. However, when a CM method is applied to a turn-key protect, many applicational difficulites are expected. With design and construction are performed under the simple responsibility in a turn-key method, roles of CM's is overlapped. Also, the characteristics of turn-key method are not reflected to the present $\lceil$CM Work Guideline$\rfloor$. Over the years, various problems have been identified from turn-key projects. Korea's $\lceil$CM Work Guideline$\rfloor$ is more inclusive compared to the CM services of CMAA and overlooks the importance of CM's roles in pre-design phase. In this study, CM's roles of pre-construction phase (pre-bidding, bidding, detail design, contracting) in construction turn-key projects were identified and complementary policy for institution was suggested. We further look into dividing the roles of the CM at turn-key project Into professional role and emotional role. Also, we speculate problems of the existing experience in turn-key projects and suggest a rough methodology on how these concepts can be adjusted for improve the turn-key method.

• Journal of Navigation and Port Research
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• v.29 no.3 s.99
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• pp.203-213
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• 2005

The International Maritime Organization(IMO) which is responsible for measures to improve the safety and security of international shipping and to prevent marine pollution from ships is a specialized agency of the United Nations. It is involved in legal matters, including liability and compensation issues and the facilitation of international maritime traffic as well. But the ROK has not been actively coping with the environment of the shipping industry because of the absence of the organization or researching bodies that specialized in the field related to IMO. Therefore this paper investigates the maritime administration system of the major countries such as the USA, japan and the UK. And particularly by conducting IMO research and responding system, this study gathers relevant materials from those countries for the comparison and analysis with the purpose of providing the ROK with the assistance in forming the responding measures in the shipping and shipbuilding industries.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.8
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• pp.433-440
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• 2018

As government research and development projects become more important, such as the creation of future-oriented growth engines and expansion of budgets, the future vision of R&D is presented through paradigm shifts such as efficiency, investment direction and strategy. On the other hand, research and interest in sanctions are poor, and this paper examines legal grounds, comparative analysis of laws, and cases outside the country, draws implications for domestic applications, have. In addition, we will contribute to the prevention of damages caused by neglect, or the transparency of the execution of research funds. This study was conducted by comparing the characteristics of government R&D and sanctions with the sanctions for the top three R&D investment related SMEs. In Korea, starting with the introduction of sanctions in 2001, the moral hazard of research and development has been prevented through the cumulative violation of aggravation, expansion of the period of restriction of participation, and the introduction of a strikeout system. Nevertheless, fraudulent use of business expenses is constantly being detected. In order to ensure maximum autonomy and stronger responsibility than strong institutions, the willingness of the researchers to execute transparent business expenses, the moral approach to public resources, Precedence of recognition conversion is important.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.5
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• pp.141-149
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• 2020

This study was undertaken to analyze the intervening effect of nursing simulation among nursing students. This was a critical review study, and data obtained were reviewed using various data bases, including RISS, KISS, NDSL, DBpia, and KRI. The terminologies entered in the data base were nursing and simulation. Selected studies were assessed for methodological quality; and narrative, descriptive or one group post-test studies were excluded from the analysis. Ed. Notes: Please review for accuracy. I have suggested the edit to the best of my understanding. Finally, 234 studies were included for investigation. Results included studies of nursing simulation intervention in Korea, commencing from 2008. One group pre-post test and two group post test were more designed in journals comparing to master thesis or doctoral dissertation. Clinical practice was the most frequently studied aspect by both the assessor and student in the two groups' pre-post test design. Nursing competences associated with dependent variables during simulation were integrated skills, critical thinking, communication, cooperation, professional recognition and leadership. The two groups pre-post design explored more varied competences as compared to other designs. Considering the results obtained, we conclude that simulation intervention is an effective teaching method for nursing students to help improve their clinical practice. However, further studies are required to assess the impact of critical thinking and problem solving.