• Convergence Security Journal
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• v.17 no.4
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• pp.17-29
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• 2017

Various cyber attacks against our society and the government are continuing, and cases and damages are reported from time to time. And the area of cyber attack is not limited to cyberspace, but it is expanding into physical domain and affecting it. In the military arena, we have established and implemented the principle of responding proportionally to enemy physical attacks. This proportionality principle is also required in the version where the region is expanding. In order to apply it, it is necessary to have a quantitative and qualitative countermeasure against cyber attack. However, due to the nature of cyber attacks, it is not easy to assess the damage accurately and it is difficult to respond to the proportionality principle and the proportional nature. In this study, we calculated the damage scale by quantitatively and qualitatively evaluating the cyber attack damage using the Gorden-Lobe model and the security scoring technique based on the scenario. It is expected that the calculated results will be provided as appropriate level and criterion to counteract cyber attack.

• Journal of the Korean Society of Marine Environment & Safety
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• v.22 no.5
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• pp.430-443
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• 2016

This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.127-152
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• 2020

Despite growing international cooperation for maintenance of international peace and security, wars continue to occur due to conflicted state interests. Continuing conflicts has advanced development of various weapon systems such as global integrated intelligence, surveillance and reconnaissance. However, with a big increase in the number of civilian casualties caused by the weapon systems development, the international community has also advanced diplomatic efforts to minimize deaths of civilian and military personnel. Therefore, it is essential to observe the principle of discrimination between combatants and non-combatants when operating unmanned aerial vehicles (UAVs), better known as drones. Drones have become more capable of distinguishing combatants from non-combatants due to its high-tech prowess. In the operation of drones, any parties involved in combat or the war are responsible for mounting civilian casualties. In addition, it should comply with the principle of proportionality that calls for a balance between results of such action and expected military advantage anticipated from the attack. The rule of proportionality prohibits use of military force which may be expected to cause excessive civilian harm. Drones have been able to track and monitor targets for hours and select the accurate locations of the targets. The aim is to reduce civilian losses and damage to a minimum. Drones meet the standards of Article 51.4 of the Additional Protocol.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.28 no.4
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• pp.905-917
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• 2018

The sovereign state has the right to engage in self-defense or war with the approval of the Security Council when it receives an invasion of territory from a foreign country. War is conducted under the principle of the necessity and proportionality of self-defense. In case of cyber attack, proportional countermeasure must be made through attack means and effect analysis, and cyber weapons need to be classified for this purpose. Therefore, this study aims to provide a rational and legitimate response according to the necessity and proportionality of the self - defense right by suggesting definition and classification criteria of cyber weapons. In this study, cyber weapons were defined as "means of collecting, attacking, and protecting information using cyber technology in the cyber space according to military objectives. Based on existing weapon systems and public cyber weapons cases, cyber weapons were classified as (1) cyber weapons for information gathering, (2) cyber weapons for attack, and (3) cyber weapons for protection. We suggest the considerations for applying the proportional response according to this functional classification. In order to guarantee the principle of proportionality to cyber attacks in the future, the classification study based on the cyber weapon effect should be conducted. This study has conducted an exploratory study on the classification of cyber clusters which constitutes one axis of the proportionality principle.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.3-39
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• 2011

People may operate unmanned aerial vehicles (UAVs or drones) thousands of miles from the drone's location. Drones were first used (like balloons) for surveillance. By 2001, the United States began arming drones with missiles and using them to strike targets during combat in Afghanistan. By mid-2010, over forty states and other entities possessed drones, many with the capability of launching missiles and dropping bombs. Each new development in military weapons technology invites assessment of the relevant international law. This Insight surveys the international law applicable to the recent innovation of weaponizing drones. In determining what international law rules govern drone use, the most salient feature is not the fact that drones are unmanned. The fact drones carry no human operator may be the most important new technological breakthrough, but the key feature for international law purposes is the type of weaponry drones carry. Whether law enforcement rules govern drone use depends on the situation and not necessarily who is operating the drone. Battlefield weapons may also be lawfully used before an armed conflict in the following situations: when initiating self-defense under Article 51 of the United Nations Charter; when authorized by the UN Security Council; when a government seeks to suppress internal armed conflict; and, perhaps, when a state is invited to assist a government in suppressing internal armed conflict. The rules governing resort to force in self-defense are found in Article 51 of the UN Charter and a number of decisions by international courts and tribunals. Commentators continue to debate whether drone technology represents the next revolution in military affairs. Regardless of the answer to that question, drones have not created a revolution in legal affairs. The current rules governing battlefield launch vehicles are adequate for regulating resort to drones. More research must be undertaken, however, to understand the psychological effects of deploying unmanned vehicles and the effects on drone operators of sustained, close visual contact with the aftermath of drone attacks.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.178-189
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• 2016

This essay explores the ways in which the philosophical concept of "original form" is expressed in relevant laws and regulations, the legal character of respective regulations, the way in which each regulation is applied in practice for heritage management, and the factors required for this concept to serve as a legally binding fundamental principle. The current laws and regulations on heritage maintain a consistent requirement for preserving the original form of heritage, both for the general public and for heritage professionals. However, the principle of preserving original form is expressed as a declaration or imperative without substantive definitions. Consequently, heritage administrators simply follow administrative procedures for heritage conservation, management, and promotion while failing to specify the meaning of "original form." For the practical application of the principle of preserving original form to overall heritage conservation activities as an actual legal principle, further provisions should be added for the purpose of clarifying the principle, with consideration given to the observation of fundamental principles for legal provisions, such as the principles of clarity, equality, and proportion. The principle of preserving original form still functions as the most necessary principle for heritage conservation and therefore should be reestablished as a refined and rational regulatory system.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.3-31
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• 2023

Der Begriff der Heilkundeausübung ist im positiven Recht in Korea nirgends festgelegt. Der wurde jedoch indirekt durch die Auslegung der Heilkundeausübung ohne Erlaubnis gemäß § 27 Abs. 1 des "Medizingesetzes" geregelt. In der Vergangenheit beschränkte der kOGH(the Supreme Court of Korea) die Heilkundeausübung auf die "Behandlung von Krankheiten und stellte fest, dass "medizinische und technische Maßnahmen, die keine pathologischen Symptome oder Funktionsdefizite im Körper voraussetzen, nicht zur Heilkundeausübung gehören." Danach änderte der kOGH seine Rechtsprechung auf "Vorbeugung oder Behandlung von Krankheiten durch Durchführung ärztlicher Untersuchungen, Optometrie, Verschreibung, Medikation oder chirurgischer Eingriffe auf der Grundlage von Erfahrung und Fähigkeiten, die auf medizinischem Fachwissen basieren, und anderer Gesundheitsfürsorge, definiert "medizinische Maßnahmen" als "eine Handlung, die eine gesundheitliche Gefahr darstellen kann, sofern diese nicht von einem Mediziner durchgeführt wird". Der Begriff der Heilkundeausübung in der Rechtsprechung ist einerseits zu abstrakt und kann eine Leerformel sein, andererseits kann seine Einschränkung eine Gefahr für die öffentliche Gesundheit erbringen. Daher besteht Bedarf an einem Kriterium, das dar derzeitige Begriff der Heilkundeausübung entsprechend dem gesetzgeberischen Ziel reduzieren kann, das Risiko für das Leben, den Körper oder die öffentliche Gesundheit von Menschen zu verhindern, das durch die Durchführung medizinischer Arbeiten durch nichtmedizinisches Personal entstehen kann. Um ein Kriterium vorzustellen, das das aktuelle Konzept der Heilkundeausübung reduzieren kann, werden in diesem Artikel das positive Recht, Theorien und Rechtsprechung zum Begriff der Heilkundeausübung in Deutschland untersucht und nach einer Alternative gesucht.

• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.91-124
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• 2021

In May 2019, the Ministry of Food and Drug Safety revised the "Pharmaceutical Determination and Adjustment Criteria" with the content of differentially calculating the price of generic drugs according to the registration of the drug substance and meeting the requirements for their own bioequivalence test. According to this revised rule, if their own bioequivalence test is not conducted, even the generic drugs that have already been approved would be lowered in price. I wondered whether this system was introduced with sufficient public legal considerations regarding its legislative purposes and means. Therefore, I reviewed the contents of the revised notice based on whether or not it is valid to determine and adjust the price of generic drugs in terms of the legitimacy of legislative purposes and the proportionality principle after introducing the history and background of the rule. First, I raised a question as to whether the purpose of preventing the overrun of generic drugs is indeed legitimate in terms of the legitimacy of the purpose. In order for the revised notice of "reduction of drug prices when the test requirements are not met," to meet the conformity principle, the premise that it is difficult to recognize safety and effectiveness through consignment (joint) bioequivalence test or that these tests are insufficient in safety and efficacy verification than their own test must be established. Nevertheless, it seems that suffficient review has not been carried out. In order to achieve the purpose of securing safety and effectiveness, the focus should be on 'reinforcement of the standards for bioequivalence test and the management of the bioequivalence test itself' rather than whether it is a their own test or a consignment (joint) test. Third, it is contrary to the necessity and substantiality principle that strict standards are uniformly applied to the products that can be considered to have been sufficiently verified for safety and effectiveness after a considerable period of time has passed after the product approval. In many cases, revised administrative legislations quickly enacted and amended in the state of lack of legal review or consensus, while the regulatory effects resulting from it are quite direct and specific to the regulated person. In this respect, I emphasized that the administrative legislative process also requires substantial review and prior control of the regulatory purposes and means, and that the participation of stakeholders in the legislative procedure is to be strengthened.

• Survey Research
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• v.11 no.1
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• pp.123-144
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• 2010

In new sample design for Korea Housing Survey to research about housing policy, total strata are forty five because individual results of sixteen regions are estimated. The sample size is determined by sample errors of several variables which are the living area, family income, householder income, and living expenses. The sample size of each region is determined by relative standard error of existing result, and the strata sample size is to use the square root proportion allocation. Enumeration districts are sampled by the probability proportion to size systematic sampling in proportion to the enumeration district size, and the systemic sampling to use assortment characteristics. We considered a new apartment complex because of variation reflections which are rebuilder and redevelopment of houses. To get estimators of mean and variance, we used the design weighting, non-response adjusting, and post-stratification. In order to consider estimation efficiency, we calculate the design effect using estimators of variance.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.69-105
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• 2020

In the health care system, medical fee payment is a very important and basic factor. The National Health Insurance Act adopted a contract system, and the content of the contract is to be determined the unit price per relative value scale. Accordingly, in the National Health Insurance system, the costs of health care benefits are adjusted each year according to inflation or changes in economic conditions. On the other hand, in the Medical Care Assistance system, the Medical Care Assistance Act does not prescribe the method of determining the medical payment, and all matters are delegated to the Minister of Health and Welfare. Accordingly, the Minister has adopted a fixed-payment system for hemodialysis treatment since 2001. A constitutional petition was filed in 2017 against this fixed-payment system, and the Constitutional Court rejected the petition in 2020. In this study, we examine the meaning and content of the medical fee payment system, focusing on the above constitutional petition case, and present three principles as constitutional limits on the system. The first of its principles is the principle of legality, the second is the principle of prohibition of comprehensive delegation, and the third is the principle of proportionality. From that point of view, There are many unconstitutional elements in the fixed-payment system on hemodialysis.