• Proceedings of the Korea Technology Innovation Society Conference
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• 2015.05a
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• pp.545-570
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• 2015

Korea is among the ten countries with the largest R&D budget and the highest R&D investment-to-GDP ratio, yet the subject of security and protection of R&D results remains relatively unexplored in the country. Countries have implemented in their legal systems measures to properly protect cutting-edge industrial technologies that would adversely affect national security and economy if leaked to other countries. While Korea has a generally stable legal framework as provided in the Regulation on the National R&D Program Management (the "Regulation") and the Act on Industrial Technology Protection, many difficulties follow in practice when determining details on security management and obligations and setting standards in carrying out national R&D projects. This paper proposes to modify and improve security level classification standards in the Regulation. The Regulation provides a dual security level decision-making system for R&D projects: the security level can be determined either by researcher or by the central agency in charge of the project. Unification of such a dual system can avoid unnecessary confusions. To prevent a leakage, it is crucial that research projects be carried out in compliance with their assigned security levels and standards and results be effectively managed. The paper examines from a practitioner's perspective relevant legal provisions on leakage of confidential R&D projects, infringement, injunction, punishment, attempt and conspiracy, dual liability, duty of report to the National Intelligence Service (the "NIS") of security management process and other security issues arising from national R&D projects, and manual drafting in case of a breach. The paper recommends to train security and technological experts such as industrial security experts to properly amend laws on security level classification standards and relevant technological contents. A quarterly policy development committee must also be set up by the NIS in cooperation with relevant organizations. The committee shall provide a project management manual that provides step-by-step guidance for organizations that carry out national R&D projects as a preventive measure against possible leakage. In the short term, the NIS National Industrial Security Center's duties should be expanded to incorporate national R&D projects' security. In the long term, a security task force must be set up to protect, support and manage the projects whose responsibilities should include research, policy development, PR and training of security-related issues. Through these means, a social consensus must be reached on the need for protecting national R&D projects. The most efficient way to implement these measures is to facilitate security training programs and meetings that provide opportunities for communication among industrial security experts and researchers. Furthermore, the Regulation's security provisions must be examined and improved.

• Journal of Korea Technology Innovation Society
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• v.21 no.1
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• pp.151-200
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• 2018

At the Davos Forum in 2016, the Fourth Industrial Revolution, a reference to cloud Schwab, is dramatically changing our lives, and at its height, self-driving cars are emerging as the talk of the day. But there are still many hurdles to overcome before the nation can successfully introduce and establish self-driving cars. In particular, it is necessary to change the paradigm of the legal system centered on human beings to one that includes artificial intelligence. The stable operation of the self-driving car era requires drastic changes to the people-centric legislation system. That is, it is necessary to collect information on the total number of drivers of self-driving cars (what is available), general vehicles on general roads, civil and criminal liability issues in the event of traffic accidents, and collection of insurance problems concerning autonomous driving vehicles. In this study, a separate bill was proposed to address the various legal issues arising from the operation of self-driving cars from a legislative perspective by considering the domestic laws related to road transport, the current state of legislation on foreign soil and legal issues related to self-driving cars.

• Clinical and Experimental Reproductive Medicine
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• v.36 no.4
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• pp.249-254
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• 2009

Objective: The aim of this study was to compare the fertilization and cleavage rates of human in vitro matured oocytes after fertilized by conventional in vitro fertilization (IVF) or intracytoplasmic sperm injection (ICSI). Methods: A total of 135 GV stage oocytes were obtained from 59 women who received ovarian stimulation and IVF during Jan 2007 to Oct 2008. Ovarian hyperstimulation was performed using hMG or recombinant FSH with GnRH antagonist and then ovulation triggered by recombinant hCG. The immature oocytes obtained from stimulation cycles were cultured in IVM medium up to 48 hrs; commercial medium supplemented with rFSH 75 mIU/mL, rhCG 0.5 IU/mL and rEGF 10 ng/mL. The in vitro matured oocytes were fertilized by conventional IVF (41 GV oocytes) or ICSI method (94 GV oocytes). Results: Maturation rate were 51.2% and 59.6% in conventional IVF group and ICSI group, respectively. There was no significant difference in fertilization rates between two groups; 71.4% and 80.4%, respectively. The cleavage rate was also similar in two groups. Conclusion: The presented data suggest that conventional IVF has comparable fertilization and cleavage potential compared with ICSI as the insemination method of immature human oocytes obtained from stimulated cycle.

• Korean Journal of Social Welfare
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• v.67 no.4
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• pp.181-202
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• 2015

This article is aiming at finding the character of social welfare corporations and at finding whether the outside director system is constitutional or not. These two issues are closely interrelated with each other. After examining critically existing studies and precedents that have seen the character of social welfare corporations as public sector or private sector, the present study suggests the dualism that divides social welfare corporations into facility corporations and support corporations and that finds the character of facility corporations and support corporations respectively. According to the dualism, even if outside director system for the facility corporations restricts the right to manage the corporations the system is seen as being constitutional because the corporations are more likely to be public sector so that the principle of private autonomy would not be applied to them. While outside director system for the support corporations is seen as being unconstitutional because the corporations are more likely to be private sector so that the principle of private autonomy would be applied to them. So, this article suggests the amendment of Social Welfare Service Act through which the different character of the facility corporations and support corporations can be respected and the diversity of social welfare corporations and social welfare services can be realized.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.3-39
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• 2019

Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

• Journal of Sasang Constitutional Medicine
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• v.8 no.2
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• pp.165-190
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• 1996

Homoeopathy was established in 1796 by German physician Samuel Hahnemann(1755~1843). This method is an alternative form of therapy involving treatment by natural remedies. The basic principles of homeopathic medicine, "Similia similibus curantur", "experimenta in hominesano", "doses minimae" and "unitas remedii", are founded upon the idea of illness as a disorder of the internal equilibrium at the physical, mental and psychic levels. The three distinguishing characteristics of homeopathy are that remedies are prescribed on the totality of a person's symptoms, that the remedy likely to cure a person is a dilution of that remedies are prepared using microdoses of substances which are diluted and then vigorously shaken. This paper describes the basic principled of homeopathy and compared with the Sa-sang constitutional Medicine from the literature. 1. Homeopathy is the holistic medicine that derived from the competition of vitalism and mechanism, and it is the one of natural medicine that absorbed the influence of asian scholarship and theoretical background of oriental medicine. 2. Homeopathic remedy typologies and Sa-sang constitutional Medicine are same in the mind-body correlativity and in-born typologies. 3. In homeopathy, constitutional types are distinguished the variable types with variety of symptoms by the remedy picture, but comparably in Sa-sang constitutional medicine, it is determined only by the constitutional symptoms.

• 한국경영정보학회:학술대회논문집
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• 2007.06a
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• pp.837-842
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• 2007

일반기업에서 성과측정이 매우 중요시되는 것과 마찬가지로 공공환경의 복잡한 변화와 함께 공공기관에서도 성과측정이 중요시 되고 있다. 이에 따라 공공기관에서는 무형자산의 중요성을 인식하면서 성과측정과 관리의 수단으로 균형성과지표(Balanced Scorecard)를 도입하고 있다. 그러나 균형성과지표는 일반기업의 성과측정을 위해 고안된 방법론으로 공공기관의 특성을 반영할 수 있도록 변형되지 않고서는 공공기관에 그대로 도입되어 사용될 수는 없다. 더욱이 기존의 BSC는 '시간지연(time delay)'을 가지고 있는 지표들간의 상호작용 및 상호 의존성을 반영하지 못하고 있으며, 지표들간의 피드백을 유발하는 인과관계를 간과하고 있다. 따라서 본 연구에서는 핵심지표들간의 상호작용 및 관계성의 설정과 새로운 정책이나 입법과정에서 발생할 수 있는 '시간지연'에 의한 영향 등을 반영하고자 시스템다이내믹스(System Dynamics)와 시스템사고를 적용, 공공기관, 성과측정에 적합한 Dynamic BSC 모델을 개발하고자 한다.

• Journal of the Korea Society of Computer and Information
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• v.17 no.8
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• pp.163-170
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• 2012

Nowadays Internet is the greatest and most participating media of prompting expression with 37 million users in Korea. Internet enables collective communications between social members and contributes to form sound public opinions and to develop democracy while it has negative aspect to distribute massively crime by illegal posting which is forbidden by the Criminal Act. Criminal actors who involve to diffuse information on Internet consist of three categories of information provider, user and internet service provider. Illegal posting generated on Internet is originated from IP and the criminal regulation on it is useless and meaningless because of its countless of users and ambiguous boundary with liberty for expression. Accordingly, the only criminal policy means to prevent danger by illegal posting on Internet is to regulate ISP which saves illegal posting and mediates contacts among users. In spite of it, legislation to regulate ISP is unprepared. The prudent legislative review should be done. And it should be accordance with the doctrines of propriety and vagueness of the principle of "nulla poena sine lege".

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.327-348
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• 2016

Under the Korean legal system, as an actual carrier is not the contractual party to the contract for carriage of goods by sea, it has been tortiously liable for the damage to, or loss of cargo, should there be the negligence by its part. However, the Rotterdam Rules introduces a revolutionary liability regime for the actual carrier. According to the Rotterdam Rules, the liability of the actual carrier is same with that of a contractual carrier with the result that a shipper is entitled to bring the direct action to the actual carrier, as well as the contractual carrier on the same basis. Nevertheless, it is expected to take long time for the new approach in respect of actual carrier's liability to be confirmed by many countries, and furthermore most of shipping countries including Korea still adopt the Hague-Vis by Rules where the shipper is not allowed to bring the direct action to the actual carrier. This study reviews on whether or not the alteration of actual carrier's liability based on Rotterdam Rules would be reasonable, considering the current Korean legal system. Furthermore, this study, whilst recognizing that the overall introduction of the new liability regime is somewhat premature, suggests the imposition of contractual liability to the actual carrier from a long-term perspective. Having in mind that the article 809 of the Korean Commercial Act allows the shipper to bring the direct action to the shipowner only in the case that a time charterer is the contractual carrier, this study explores a method to apply the contractual liability to the actual carrier in the case that a slot charterer or freight forwarder is the contractual carrier, in order to establish the uniform liability system.

• Proceedings of the Korea Contents Association Conference
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• 2006.05a
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• pp.317-321
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• 2006

Endless criminal act has serious effect on safety of the nation and lives of the citizens and it is causing major disorder in ruling of the nation and the society. Also internet generalization in public put country's information foundation on the latest trend on the other hand, due to lack of security concept, cyber crime is on the rise such as hacking and viruses. But with various crime occurrence and increased desire for safety of citizens, there is limit to provide high quality public security service with just police force and equipments. To solve the problems, advanced crime prevention system, not on the nation's level but on the private level was activated private security business some time ago. And now it has its firm place as a corresponding existence with crime prevention capability of police force. Still private security industry of Korea has relatively many weak points when compared with advanced countries and it should be backed up with improvement of the law and the system.