• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.209-279
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• 2016

The Korean Mental Health Act was amended 2016 overall. This paper examines and evaluates the old Korean Mental Health Act since 1995 and the new Korean Mental Health Promotion Act 2016 from the Perspective of Human Rights and Inclusion of Persons with Psychosocial Disabilities. The persons with mental disabilities was separated and ruled out from society by the enactment of the Mental Health Act in 1995 and five times amendment. That has been justified and institutionally supported by medical viewpoint. The medical approach which reconsider the persons with mental disabilities as patients conceal that the aims of the involuntary admission in Mental Hospital are protection of society and the relief of the family member's duty of support for person with mental disabilities. This is institutionally supported in the 1995 Korean Mental Health Act by involuntary admission through the consent of family members as protectors. According to the old Act, the family members as protectors are authorized to consent to involuntary admission of persons with mental disabilities. Also, the psychiatrist that diagnoses the person with mental disabilities and evaluates the need for treatment by admission is not impartial in this decision. Family members as protectors may want to lighten their burden of support for the person with mental disabilities in their home by admitting them into a mental hospital, and the psychiatrist in the mental hospital can be improperly influenced by demand of hospital management. Additionally, Article 24 of the Korean Mental Health Act for the Involuntary Admission by the Consent of Family Members as Protector might violate personal liberty, as guaranteed in the Korean Constitution. The Mental Health Promotion Law was amended to reduce the scope of the persons with mental illness which are subject to forced hospitalization and to demand that a second diagnosis is made by another psychiatrist and screening by the committee concerning the legitimacy of admission in the process of the involuntary admission by the consent of family members as a method of protection. The amended Mental Health Promotion Law will contribute to reducing the number of the involuntary admissions and the inclusion of persons with mental disabilities. But if persons with mental disabilities are not providing some kind of service to the community, the amended Mental Health Promotion Law does not work for Inclusion of them.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.83-153
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• 2015

As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.299-346
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• 2016

There were also various decisions made in medical area in 2015. In the case that an inmate in a sanatorium was injured due to the reason which can be attributable to the sanatorium and the social welfare foundation that operates the sanatorium request treatment of the patient, the court set the standard of fixation of a party in medical contract. In the case that the family of the patient who was declared brain dead required withdrawal of meaningless life sustaining treatment but the hospital rejected and continued the treatment, the court made a decision regarding chargeable fee for such treatment. When it comes to the eye brightening operation which received measure of suspension from the Ministry of Health and Welfare for the first time in February, 2011, because of uncertainty of its safety, the court did not accept the illegality of such operation itself, however, ordered compensation of the whole damage based on the violation of liability for explanation, which is the omission of explanation about the fact that the cost-effectiveness is not sure as it is still in clinical test stage. There were numerous cases that courts actively acknowledged malpractices; in the cases of paresis syndrome after back surgery, quite a few malpractices during the surgery were acknowledged by the court and in the case of nosocomial infection, hospital's negligence to cause such nosocomial infection was acknowledged by the court. There was a decision which acknowledged malpractice by distinguishing the duty of installation of emergency equipment according to the Emergency Medical Service Act and duty of emergency measure in emergency situations, and a decision which acknowledged negligence of a hospital if the hospital did not take appropriate measures, although it was a very rare disease. In connection with the scope of compensation for damage, there were decisions which comply with substantive truth such as; a court applied different labor ability loss rate as the labor ability loss rate decreased after result of reappraisal of physical ability in appeal compared to the one in the first trial, and a court acknowledged lower labor ability loss rate than the result of appraisal of physical ability considering the condition of a patient, etc. In the event of any damage caused by malpractice, in regard to whether there is a limitation on liability in fee charge after such medical malpractice, the court rejected the hospital's claim for setoff saying that if the hospital only continued treatments to cure the patient or prevent aggravation of disease, the hospital cannot charge Medical bills to the patient. In regard to the provision of the Medical Law that prohibit medical advertisement which was not reviewed preliminarily and punish the violation of such, a decision of unconstitutionality was made as it is a precensorship by an administrative agency as the deliberative bodies such as Korean Medical Association, etc. cannot be denied to be considered as administrative bodies. When it comes to the issue whether PRP treatment, which is commonly performed clinically, should be considered as legally determined uninsured treatment, the court made it clear that legally determined uninsured treatment should not be decided by theoretical possibility or actual implementation but should be acknowledged its medical safety and effectiveness and included in medical care or legally determined uninsured treatment. Moreover, court acknowledged the illegality of investigation method or process in the administrative litigation regarding evaluation of suitability of sanatorium, however, denied the compensation liability or restitution of unjust enrichment of the Health Insurance Review & Assessment Service and the National Health Insurance Corporation as the evaluation agents did not cause such violation intentionally or negligently. We hope there will be more decisions which are closer to substantive truth through clear legal principles in respect of variously arisen issues in the future.

• Journal of Korean Society of Archives and Records Management
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• v.4 no.2
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• pp.118-162
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• 2004

Archival description in archives has an important role in document control and reference service. Archives has made an effort to do archival description. But we have some differences and problems about a theory and practical processes comparing with advanced countries. The serious difference in a theory is that a function classification, maintenance of an original order, arrangement of multi-level description are not reflected in practical process. they are arranged in shelves after they are arranged by registration order in a unit of a volume like an arrangement of book. In addition, there are problems in history of agency change or control of index. So these can cause inconvenience for users. For improving, in this study we introduced the meaning and importance of arrangement of description, the situation and problem of arrangement of description in The National Archives, and a description guideline in other foreign countries. The next is an example for ISAD(G). This paper has chapter 8, the chapter 1 is introduction, the chapter 2 is the meaning and importance of arrangement of description, excluding the chapter 8 is conclusion we can say like this from the chapter 3 to the chapter 7. In the chapter 3, we explain GOVT we are using now and description element category in situation and problem of arrangement of description in Archives. In the chapter 4, this is about guideline from Archives in U.S.A, England and Australia. 1. Lifecycle Date Requirement Guide from NARA is introduced and of the description field, the way of the description about just one title element is introduced. 2. This is about the guideline of the description from Public Record Office. That name is National Archives Cataloguing Guidelines Introduction. We are saying "PROCAT" from this guideline and the seven procedure of description. 3. This is about Commomon Record Series from National Archives of Australia. we studied Registration & description procedures for CRS system. In the chapter 5, This is about the example which applied ISAD to. Archives introduce description of documents produced from Appeals Commission in the Ministry of Government Administration. In the chapter 6, 7. These are about the problems we pointed after using ISAD, naming for the document at procedure section in every institution, the lack of description fields category, the sort or classification of the kind or form, the reference or identified number, the absence description rule about the details, function classification, multi-level description, input format, arrangement of book shelf, authority control. The plan for improving are that problems. The best way for arrangement and description in Archives is to examine the standard, guideline, manual from archives in the advanced countries. So we suggested we need many research and study about this in the academic field.

• Journal of the Korean Institute of Landscape Architecture
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• v.39 no.3
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• pp.10-25
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• 2011

Since 1950, the city of Yokohama has been demanding the return of US. military base sites in Yokohama. Yokohama has established a systematic utilization plan for these relocation sites. The Fukaya communication site is one of former US. military bases verified for return in 2004. The Fukaya communication site is distinctively circular in shape and is entirely national land. Yokohama took an idea competition to its citizens to create a new park at the relocation of the Fukaya communication site, involving lots of citizen opinion in its utilization goals. This study determined the process of the idea competition at the Fukaya communication site in encouraging civic participation and analyzing citizen demands for the utilization of the relocation site. Through the idea competition, Yokohama city was able to obtain several ideas on the new park from various angles such as the function and shape of the urban open spaces. Citizens showed great interest in creating a park as green infrastructure on the Fukaya communication site. In addition, beyond utilization as an urban open space, many ideas suggested new lifestyles for the region in connection with the natural environment in the vicinity. Yokohama city tried to share the process and results of the idea competition with as many citizens as it could through a variety of means such as Participation, Judging, Support, Observation and Understanding. The case study on the idea competition at the Fukaya communication site is a good example of community design practice in public projects, and is full of suggestions for military bases in Korea, which has just established the plan of utilizing relocation sites as parks. Based on this case study, it can be concluded that it is important to make a systemic form for utilization planning with a clear process, open information and partnership in a variety of participatory design processes in order to ensure maximum civic utilization of relocation sites.

• Journal of Korea Technology Innovation Society
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• v.20 no.1
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• pp.127-152
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• 2017

China's utility model as a supplement to the invention patent, has short application duration, fast authorized speed, and has the same exclusive rights with patents, so companies can quickly dominate the market. But the utility model does not need to carry out substantive examination, so has lower stability, high frequency of invalid to accepted, so compare with the invention patent, difficult to be protected. In order to actively encourage the small and medium-sized enterprises to promote their inventions, and protect domestic patents, China established a protection policy of patent evaluation report for the utility model rights, especially the patent evaluation report can be used as evidence in a patent infringement trial, to provide judicial remedies for utility model patentee and the party of patent disputes. Many experts believe that the establishment of patent evaluation report system can improve the stability of the utility model patent right, and when the defendant request for invalidation of the patent right in the defense period, if there is no novelty, creativity lost or no other reason has not led to the stability of patent right given in a patent evaluation report of the utility model patents, the court may not suspend the trial, without having to wait for the Patent Reexamination Board makes the patent invalid declaration decisions, can improve the efficiency of the judicial process, accelerate the patentee's time. However, in practical patent infringement, the patent evaluation report system and invalidation system are in conflict. In this paper, through the analysis of the current China utility model system and compared with the South Korean utility model system, review the role and character of the patent evaluation report system, and through the actual cases of the utility model patent infringement litigation, analysis possible variates from the decision of patent evaluation report, to find out the reason of the patent evaluation report system being in conflict with the invalidation system, and research on the effectiveness for protecting Utility Model with China's Patent Evaluation Report.

• Korean Journal of Construction Engineering and Management
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• v.12 no.6
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• pp.65-78
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• 2011

Construction business, which is complex and long-term business, requires accurate estimation and verification in construction costs and payment procedure from project planning to the completion of construction phase. And more importantly, it is necessary to investigate and determine the risk factors related to construction costs during the entire process including design planning, construction drawings, and quantity calculating. But, currently, it is not seem to be adequate to cope with the risk and increased construction costs against the operational budget in terms of actual costs when screening and estimating the bidding cost of public apartment. Therefore, this study selected and analyzed 40 sites' report of construction completion account from 2004 to 2010 focused on the adequacy on the modification of contract and design planning and on the complication of the budget in the beginning of the project. This study deducted various risk causes and results by analyzing actual costs according to year, architectural area, region, construction cost and sale/lease classification. We could find out construction risk according to annual variation of government policy and economy, and also deducted risk items by construction characteristic according to region and architectural area. Study result, we first found out the problems of lowest price award system according to the construction costs. The weight of the cost increase risk was analyzed that subcontract and material costs are very high. Roof and tile work were analyzed highly in subcontract cost risk and reinforcing bar and cement were analyzed highly in material cost risk, among direct construction cost. Finally, this study results could be used in comparing the categories of the construction costs made by specific construction process, belonging to the construction costs, with the operational budget made in the beginning of the project that can enable to grasp unpredictable risks over the construction costs and making quantitative analysis for it through analyzing the range of fluctuation and variations led by the fluctuations in the actual construction costs.

• Journal of Korean Home Economics Education Association
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• v.31 no.2
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• pp.95-111
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• 2019

The purpose of this study is to analyze the structure and contents of the articles in the Journal of Korean Home Economics Education Association to review the research trends during the last decade since 2009. In total, 354 articles from 10 volumes, 40 journal books, were analyzed. This amount to 42.3% of total articles in the JKHEEA for the past 30 years. The results showed that the number of articles in the journal continuously decreased by approximately 5 articles each year. More than half of articles were co-authored as a joint-research between professors and teachers or graduate students. The numbers of pages, tables, figures, and references vary greatly among of the articles published in the JKHEEA. The reviewers and authors would need to check if the pages, tables/figures, or references are indispensable, especially in case there are extremely large number of them. Even though survey research with students as participants is still the most common types of research among recent articles, its percentage is decreasing and diverse research methods such as the analysis of textbook or curriculum literature are being used. Also, research integrating the pedagogy and educational content, and in turn developing and evaluating educational programs is increasing, which indicates that the journal identity has become better-defined. It is advisable that authors select the key words that are more relevant to the title, purpose, and research questions. It is expected that the journal revises the publication regulations so that the issues discussed in this study may be reflected.

• The Korean Journal of Archival Studies
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• no.22
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• pp.157-199
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• 2009

The organization for managing records and archives did not emerge together with the founding of the Chinese Communist Party. Such management became active with the establishment of the Department of Documents (文書科) and its affiliated offices overseeing reading and safekeeping of official papers, after the formation of the Central Secretariat(中央秘書處) in 1926. Improving the work of the Secretariat's organization became the focus of critical discussions in the early 1930s. The main criticism was that the Secretariat had failed to be cognizant of its political role and degenerated into a mere "functional organization." The solution to this was the "politicization of the Secretariat's work." Moreover, influenced by the "Rectification Movement" in the 1940s, the party emphasized the responsibility of the Resources Department (材料科) that extended beyond managing documents to collecting, organizing and providing various kinds of important information data. In the mean time, maintaining security with regard to composing documents continued to be emphasized through such methods as using different names for figures and organizations or employing special inks for document production. In addition, communications between the central political organs and regional offices were emphasized through regular reports on work activities and situations of the local areas. The General Secretary not only composed the drafts of the major official documents but also handled the reading and examination of all documents, and thus played a central role in record processing. The records, called archives after undergoing document processing, were placed in safekeeping. This function was handled by the "Document Safekeeping Office(文件保管處)" of the Central Secretariat's Department of Documents. Although the Document Safekeeping Office, also called the "Central Repository(中央文庫)", could no longer accept, beginning in the early 1930s, additional archive transfers, the Resources Department continued to strengthen throughout the 1940s its role of safekeeping and providing documents and publication materials. In particular, collections of materials for research and study were carried out, and with the recovery of regions which had been under the Japanese rule, massive amounts of archive and document materials were collected. After being stipulated by rules in 1931, the archive classification and cataloguing methods became actively systematized, especially in the 1940s. Basically, "subject" classification methods and fundamental cataloguing techniques were adopted. The principle of assuming "importance" and "confidentiality" as the criteria of management emerged from a relatively early period, but the concept or process of evaluation that differentiated preservation and discarding of documents was not clear. While implementing a system of secure management and restricted access for confidential information, the critical view on providing use of archive materials was very strong, as can be seen in the slogan, "the unification of preservation and use." Even during the revolutionary movement and wars, the Chinese Communist Party continued their efforts to strengthen management and preservation of records & archives. The results were not always desirable nor were there any reasons for such experiences to lead to stable development. The historical conditions in which the Chinese Communist Party found itself probably made it inevitable. The most pronounced characteristics of this process can be found in the fact that they not only pursued efficiency of records & archives management at the functional level but, while strengthening their self-awareness of the political significance impacting the Chinese Communist Party's revolution movement, they also paid attention to the value possessed by archive materials as actual evidence for revolutionary policy research and as historical evidence of the Chinese Communist Party.