• Journal of the Korea Institute of Information and Communication Engineering
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• v.18 no.4
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• pp.779-789
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• 2014

A number of universities around the world provide various undergraduate and graduate programs for digital forensic. In this paper, we propose a cross-layer program suitable for senior students in the IT and law departments to learn multi-disciplinary convergence subjects. We have first analyzed the key ingredients of digital forensic and then the current programs in several universities. After describing the qualifications anticipated for digital forensic specialists, we have critically analyzed the courses currently offered in the IT and law departments. Based on the analysis and discussions, we have proposed an IT+law program and two flexible operation schemes of the program for securing the desired level of convergence education.

• The Korean Society of Law and Medicine
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• v.21 no.3
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• pp.37-75
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• 2020

There have been affluent studies on the development of new drugs and these efforts have been crystallized into a separate field of pharmacology. Yet, a normative analysis pertinent to the development of new medicine is still in a dire need, except for studies regarding medical ethics. This piece of work aims to contemplate on the legal issues concerning the development of new drug, encompassing each and every stage of the development. In order to maximize the practicability of the research method adopted as aforementioned, this work strives to analyze the developing process of COVID-19 vaccine. The first step would be to introduce the developmental stages of inventing a new drug, especially that of a COVID-19 vaccine. After then, legal issues related to each developmental stage would be discussed. Henceforth, the legal analysis would contribute to predicting upcoming legal complexities and will be able to offer normative implications for the invention of new medicines.

• Journal of Legislation Research
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• no.54
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• pp.261-301
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• 2018

In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.89-115
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• 2021

Korea's health care delivery system is based on the Medical law and the National Health Insurance Act. In order to efficiently operate limited medical resources, it is classified to use medical institutions according to the severity of the disease. The question is whether a tertiary care hospital can terminate a medical contract for a patient, if treatment for severe diseases has already been performed at a tertiary care hospital. In the case of termination of treatment, the Korean court has both a judgment that recognizes the right to terminate and a judgment that denies the termination. Among the U.S. rulings, there are rulings that order transfer to a skilled nursing facility or nursing home or home if acute treatment is no longer needed. Considering that medical resources are limited, it is necessary to acknowledge the right to terminate the contract of the medical institution when treatment by a medical institution is completed.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.19 no.1
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• pp.103-111
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• 2009

Recently, cyber attacks against public communications networks are getting more complicated and varied. Moreover, in some cases, one country could make systematic attacks at a national level against another country to steal its confidential information and intellectual property. Therefore, the issue of cyber attacks is now regarded as a new major threat to national security. The conventional way of operating individual information security systems such as IDS and IPS may not be sufficient to cope with those attacks committed by highly-motivated attackers with significant resources. As a result, the monitoring and control of cyber security, which enables attack detection, analysis and response on a real-time basis has become of paramount importance. This paper discusses how to improve efficiency and effectiveness of national cyber security monitoring and control services. It first reviews major threats to the public communications network and how the responses to these threats are made and then it proposes a new approach to improve the national cyber security monitoring and control services.

• Journal of Environmental Health Sciences
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• v.45 no.4
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• pp.310-320
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• 2019

Objectives: The purpose of this study is to identify the causes of the retardation of administrative relief under the Special Act on Remedy for Damages Caused by Humidifier Disinfectant and to suggest the systematic refurbishment of this act for the quick and fair of relief of damages. Methods: This study was conducted through the application of the case study, literature review and systematic interpretation of law methods. Results: The disease subject to administrative relief under the Special Act is defined as health damage causally associated to a substantial degree with exposure to humidifier disinfectant. This definition is a strict requirement in light of the legislative purpose of prompt and fair relief of damages. Furthermore, the damage relief committee established under the Special Act judged causal relationships according to a rigorous standard in terms of medical certainty. This medical evidence-based judgment is a result of the committee's failure to understand the normative meaning and function of a causal relationship as an outcome of inference based on empirical rules and common sense. Conclusions: Humidifier disinfectant health damage should be defined as a health-related injury capable of occurring or deteriorating after exposure to humidifier disinfectant (HD). If the fact that a particular injury occurred or worsened after exposure to HD was found, then the damage can be presumed as being caused by HD. However, this might not be the case when the injury was considered to have occurred or been exacerbated entirely due to other factors.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.71-94
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• 2020

When a dispute or conflict occurs, standard methods for resolving them include resolution by trial or resolutions outside of courts. An alternative dispute resolution method called ADR that aims at remedying disputes instead of filing lawsuits is used commonly throughout the world, including the US and China. ADR, which is a remedy method outside of courts, includes negotiation, arbitration, or mediation between the concerned parties, and the arbitration system has several advantages. The Lemon Law is a consumer protection law of the United States that was enacted in 1975. This law prescribes that when specified quality standards are not met repeatedly due to defects in vehicles or electronic products, the manufacturer must provide exchanges or refunds to consumers. Korea also enacted a newly revised automobile management act, the Korea "Lemon Law," on January 1, 2019, which allows consumers to receive exchanges or refunds from the manufacturer if the same malfunction repeatedly occurs after purchasing a new automobile. There have recently been many cases of large fires occurring while driving import vehicles, causing huge public rage; therefore, interest is being focused on the revised automobile management act. Part 5-2 of the automobile management act was newly added to implement automobile exchange or refund arbitration systems. It is desirable to utilize the arbitration system to smoothly resolve automobile-related disputes that have recently increased significantly, and it is thus being used frequently for practical purposes.

• Journal of Arbitration Studies
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• v.32 no.1
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• pp.3-24
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• 2022

Today's society appears to be entering a hyper-connected society due to mental notions and information communication technologies being converged for advanced development. Trade between countries around the world is increasing amidst the digital economy and fourth industrial revolution, which is being accompanied by a growing number of trade disputes. Appropriately resolving disputes is crucial for corporate growth, and ADR is drawing attention as a more reasonable solution between interested parties compared to lawsuits. This also applies to international trade as there is growing movements to resolve disputes between parties more efficiently and feasibly through mediation. The adaptation of an international convention for implementation in a third country for settlement agreements drawn up through such international mediation is a new and unprecedented attempt. In other words, the Singapore Convention on Mediation looks to resolve international commercial disputes by granting executive force on the outcomes of mediations. However, a system to solve various legal issues must be put into place to execute the outcomes in the respective country or third country, and a variety of tools for this are necessary.

• Journal of Auto-vehicle Safety Association
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• v.15 no.1
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• pp.45-54
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• 2023

In the commercialization stage of level 4 or higher autonomous driving, the need for new legal system related to drive safely has increased in order to meet the improved level of technological development. Especially human drivers should not be legally accountable for road safety in the era of autonomous vehicles and thus safety standards for operation of autonomous vehicles are significant. To address this issue, the German Road Traffic Act was revised in 2021, adding provisions corresponding to the commercialization of self-driving vehicle of level 4 and in the similar context the Japanese Road Traffic Ac was amended in 2022. This Article draws implications for legislative discussions on driving-related responsibilities of driverless autonomous vehicle to ensure driving safety in Korea through recent amendments in Germany and Japan.

• Strategy21
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• s.30
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• pp.177-199
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• 2012

As is generally known, the sovereignty dispute over the Senkaku Islands between China/Taiwan and Japan was triggered by a report commissioned by the UN in 1968, which reported the possibility of a substantial amount of petroleum and natural gas buried in the South China Sea. When the administrative authority over the Ryukyu Islands was transferred from the US to Japan in 1972, jurisdiction over the Senkaku Islands was also transferred. A dispute ensued between China (Taiwan) and Japan over the Senkaku Islands except during the period in which formal relations were established between the two states. This paper will take a look particularly at the events that occurred in the 2000's and discuss their recent trends and aspects of the dispute. Though China and Japan agreed to joint resource development in 2008, the agreed zone was a very small area adjacent to the Korea-Japan Joint Continental Shelf Development Zone, and the points of agreement have not been implemented. China has been developing four oil fields including Chunxiao in its waters adjacent to the median line asserted by Japan. However, China also has been excluding the participation of Japan, while Japan has been strongly objecting to the unilateral development of oil fields by China. If indeed the oil fields on China's side are connected past the median line asserted by Japan, then China's unilateral development will infringe upon the potential sovereign rights of Japan, thereby violating international law.