• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.105-162
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• 2020

In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.41-68
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• 2011

This article deals with the current rules of law of air warfare and its surrounding issues on precautionary action by a military aircraft at air-to-air operation in international armed conflict. However there is no separate and independent legal system to regulate warfare in aerospace in the current system of law of war (or law of armed conflict). In other words, law of air warfare does not exist in a form of a separate treaty. Air warfare has been regulated by international customary law and the relevant provisions in different Conventions, including 1949 four Geneva Conventions and two Additional Protocols, which mainly regulate land and naval warfare. And this makes difficult to make clear a legal term or legal tests on an issue concerned with law of air warfare, which concludes from time to time a dispute on interpretation and implementation of law of air warfare between states. Therefore, this article refers various materials (including 1949 Geneva Conventions and Additional Protocols, San Remo Manual, Harvard Manual, and ICAO Manual on Interception of Civilian Aircraft) for the purpose of defining the current and desirable legal test on precautionary action by military aircraft. In addition to the main purpose of this article, this article tried to show a characteristic of developing mechanism of law of air Warfare taking into account interactions between international air law and law of air warfare.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.505-508
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• 2008

It's hard to express a lot of information within the drawings and the specifications as construction projects have gradually become large-size and complex. So, disputes are caused by that and reason that the usual practice(culture) of contract of the constructions in Korea is based on unfair rather than the fair principle between clients and contractors. However, the contractors don't try to solve this kind of things because they are worried about at their disadvantage situation. Therefore, this paper deduced the factors in the pre-dispute phase by analysing the cases of the civic counseling in the office of supply and the pre-dispute factors, and conduct analysis on the factors' importance by using AHP. The results will be used for a check-list to prevent the disputes.

• Korean Journal of Construction Engineering and Management
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• v.10 no.6
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• pp.48-57
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• 2009

As recent construction projects have gradually become larger in size and complex, construction documents such as drawings and specifications revealed the limitations that can not express all the necessary information. Due to the lack of stipulations on the contract, disputes arise among contracting parties. Traditionally, many construction companies in Korea make an unfair agreement with the clients so that the irrational items are included in their contract documents. Potential dispute factors are triggered as a result of misleading or omitted items on the written documents. This paper analyzed the civic counseling cases obtained from the public procurement service in Korea, and identified the potential dispute factors that can occur during pre-dispute stage alone with their influence analysis. The results found from this study can be used for the development of checklists that prevent the dispute in the process of construction projects.

• Journal of Engineering Education Research
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• v.14 no.4
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• pp.39-47
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• 2011

This paper deals with nanoethics as a sort of extension of engineering ethics utilizing various books, articles, and reports concerning historical, social, and ethical aspects of nanotechnology. After a brief examination on the place and development process of nanotechnology, ethical issues on nanotechnology are analysed including safety problem, impact on environment, violating privacy, social inequity, military use, and human enhancement. The basic principles on nanoethics are proposed such as promotion of public understanding, construction of participatory governance, contribution to sustainable development, commitment to precautionary principle, and compliance with research integrity. Lastly, integrated method in nanoethics education is illustrated putting lecture model, investigation model and discussion model together. This paper can provide the contents available for nanoethics education, and make a basis for the sound development of nanotechnology.

• Korean Security Journal
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• no.50
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• pp.91-115
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• 2017

Recently the characteristics of those who committed serious terrorist crimes are not directly related to the direct command system of a specific terrorist organization (ex. IS) but are influenced by the political propaganda of terrorist organizations online, Terrorist crime under the loose form of the terrorist organization. Therefore, this study suggests ways to improve countermeasures against terrorism in metropolitan subways. Although it is important for the prevention of terrorism in the subway, it is important for the police officers of the subway police and the special police officers of the railway to have a physical limit to take charge of them, and after confirming that improvement measures are necessary, And pointed out the possibility of establishing independent security departments where judicial and administrative control is not feasible to grant police rights. In addition, I pointed out how to improve the safety of subways in the metropolitan area through the recruitment of core job candidates and the identity survey during the subway operation. Furthermore, it was confirmed that a special council on terrorism, which can take into consideration the characteristics of subway terrorism, such as airports and ports, is required to be established in charge of terrorism prevention under the current Anti-Terrorism Act. Finally, it is once again emphasized that the strengthening of the powers of the counterparts to terrorism must inevitably limit the basic rights of the people, so the principle of proportionality must be observed in their activities.

• Journal of Science and Technology Studies
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• v.10 no.1
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• pp.107-152
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• 2010

This paper explores the historical process that created a specific understanding of and responses to atopic dermatitis(AD) in Korea. AD hardly has a status of an environmental disease in other societies but it is a representative environmental disease in South Korea in connection with various environmental pollutants, most notably with endocrine disrupting chemicals. This understanding of AD as an environmental disease led to an unprecedented legislation of the Environmental Health Act of 2008, a broad environmental health law with the precautionary principle and the focus on human aspect of environmental problems. In line with the growing body of works that articulate the roles of the public and culture in regulatory process, this paper argues that both the understanding of and the regulatory responses to AD owe greatly to the knowledge and political practice of the public, especially that of the 'Atopy moms'. Their knowledge practice that creatively appropriated scientific uncertainty regarding AD brought unexpected epistemological and political alliances, respectively with alternative medicine and with organic coop movement and an emergent political party and generated enough dynamics for the legislation of the EHA.

• The Journal of Fisheries Business Administration
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• v.34 no.1
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• pp.157-183
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• 2003

유류오염 사고를 사전에 예방할 수 있는 정책 수단으로는 여러 가지가 있지만 주요한 것으로는 인센티브제의 활용을 들 수 있다. 유류오염 사고를 예방하고 관리하기 위한 인센티브는 유출 사고로 인해 발생한 해양자원의 피해에 대해 가해자에게 배상책임(liability for losses due to spills)을 부과함으로써 제공될 수 있다. 유류오염 사고로 인한 피해액을 실제 화폐단위로 계량화하는 작업은 배상책임 부과제도를 정책수단으로 활용하기 위해 해결해야 할 가장 어려운 과제이다. 따라서, 최근 미국과 캐나다를 중심으로 발전하고 있는 자연자원 피해에 대한 가치 평가법(Natural Resource Damage Assessment : NRDA)은 배상책임 부과제도를 정책적으로 보완할 수 있는 이론적 도구로 간주되고 있다. NRDA는 잠재적인 가해자들에게 그들이 자연환경을 보존해야 하는 사회적 의무를 이행하지 못하고 이를 훼손하게 될 때 이로 인해 발생하는 모든 사회적 비용을 직접 부담해야 한다는 명확한 재무적 인센티브(financial incentive)를 부여함으로써 가해자 보상 원칙 (polluter pays principle)을 실현 할 수 있게 한다. 본 연구는, 유류오염 사고로 인한 환경자원 피해의 경제적 가치를 추정하는 가장 중요한 이론적 모형으로 활용되고 있는 가상상황평가법(CVM)에 대한 기초 개념과 이론적 체계, 그리고 이를 실제 피해액 추정에 성공적으로 적용시키기 위해 해결해야 할 문제점 등을 다루었다. 이를 위해, 본 연구에서는 1988년 캐나다 북서부 연안에서 발생한 Nestucca 유류오염 사고를 사례연구의 대상으로 선정하고, 사고 당시 캐나다 연방정부와 British Columbia 주정부를 대신하여 해양오염에 의한 환경피해의 경제적 가치를 추정한 미국의 컨설팅 회사인 RCG/Hagler, Baily Inc.의 가상상황평가법(CVM) 적용 사례를 분석 검토하였다. Nestucca 사례연구에서는 이들 연구자들이 실제로 활용한 설문지 설계, 설문방법 및 표본설계 등을 분석하였으며, 또한 CVM이 본질적으로 갖고 있는 방법론적 문제점들을 연구자들이 어떻게 해결하려고 했는가를 고찰하였다. 그리고, WTP 추정을 위해 RCG 연구자들이 사용한 사전규제접근법(ex ante regulatory approach)으로 인해 야기될 수 있는 환경자원 피해액 추정 방법의 한계점도 함께 검토하였다. 캐나다 연방정부와 British Columbia 주정부는 Nestucca 유류오염 사고로 인한 자연 자원 피해에 대한 손해배상으로 $4.3 Million의 보상금을 지급 받게 된다. 캐나다 정부는 이 보상금으로 Nestucca Oil Spill Trust Fund를 설립하여 피해를 입은 자연자원의 원상회복(restoration)을 위한 다양한 연구 프로젝트에 자금을 지원하고 있다. Nestucca 유류오염 사고를 계기로 캐나다 정부와 학계는 해양자원의 피해에 대한 경제적 가치평가와 자원의 원상회복에 대한 체계적인 접근 방안을 처음으로 마련 시행하게 되었다는 점에서, Nestucca 유류오염 사고에 대한 사례연구는 캐나다의 해양환경 보존 정책을 연구하는 출발점으로 평가될 수 있을 것이다. 이에 비해, 우리나라에서 대표적인 유류오염사고로 알려져 있는 시프린스호 사고와 관련된 손해배상금은 주로 연안어민들의 어업피해 배상으로 이루어져 있으며, 간접피해에 대한 배상액 48억 5천만원도 대부분 치어방류, 여수대학교 종묘배양장건립 등 피해지역 연안어업 발전을 위한 사업에 투자되었다.

• The Journal of the Korea Contents Association
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• v.5 no.4
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• pp.62-70
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• 2005

Since the announcement of the Rio Earth Charter in 1992, the Environmental Policy of each country has changed a lot. That is, it aims at compatibility of nature and humans, and preservation and development of environment. It has changed a goal from the past direct regulation and post-treatment to 'sustainable development'. To overcome world-wide environmental problems such as changing global climate, various political means such as economic incentives and pre-prevention policy such as environmentally-friendly productive process, effective use of resources, minimized generation of waste have been developed. As environmental problems which are growing serious began to threat survival of human beings, they must be globally managed rather than by a single country. Therefore, this study is to speculate the EIA System of each country for environmental protection based on such recognition of problems.

• Journal of the Korean Society of Marine Environment & Safety
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• v.13 no.4
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• pp.43-50
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• 2007

Korea actively endeavors to improve the national marine environmental laws and regulations. Along with the growing global concern on the importance of marine environment, the concern is also increasing nationwide in Korea. These institutional changes in Korea have implications in that it has started to internalize the Sustainable Development Principle and the Precautionary Principle in the form of 'law' and 'policy.' The enactment efforts for conservation and sustainable use of marine environment will continue as the legal demand of public for coastal erosion prevention and climate change mitigation increases. This calls for robust revision for more logical framework and coherence of marine environment laws and regulations as well as efficient implementation of policies. In addition, it is strongly required that the systematical research and survey as well as the robust reversion of laws and policies should be taken accordingly for the effective conservation of marine environment.