• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.3-32
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• 2020

Under the Korean case law, physicians are obliged to disclose or inform the risk associated with a specific treatment to their patients before they perform the treatment. If they fail to do this, they are liable to compensate pain and sufferings. If the patient can establish that he or she would not have consented at all to the treatment had he or she been informed, the physicians are liable to compensate all the loss incurred by the treatment. In this article, the author examines the legitimacy of this case law from the perspective of legal doctrine as well as its practical affect on the medical practice and the furtherance of self-determination of the patient. The fundamental findings are as follows: The case law that has physicians who failed to inform treatment risk compensate pain and sufferings for the infringement of the right of self-determination seems to be a disguised and reduced compensation of all the loss based on the possible malpractice, which cannot be justified in view of the general principles of tort liability. It is necessary to adhere to the requirements of causation and imputation between the failure to inform treatment risk and the specific patient's consent to the treatment. If this causation and imputation is established, all the loss should be compensated. Otherwise, there shall be no liability. The so-called hypothetical consent defence shall be regarded as a part of causation between the failure to inform and the consent. The suggested approach can preserve the essence of physician-patient relationship and fit for the very logic of informed consent better.

• Korean Architects
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• s.660
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• pp.156-158
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• 2024

• Korean Architects
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• s.659
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• pp.140-142
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• 2024

• The Journal of Korean Philosophical History
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• no.28
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• pp.35-60
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• 2010

In this paper, the researcher investigated the relationships between nature and humans through I-Ching(『周易』) from the perspective of environmental ethics. I-Ching(『周易』) is a literature which has been quoted so frequently as a desirable alternative for environmental issue. The researcher closely reviewed how the relationships between nature and humans had been defined in I-Ching(『周易』) and developed the discussions focusing on what humans could and should do for nature. Nature makes up for the portion of extinction through endless birth. By giving birth for a new life continuously, and complementing the portion of extinction at the same time, nature is being maintained and preserved. In the side of nature, extinction and birth are equal, meanwhile, the sage who wrote I-Ching(『周易』) had held the concept of anxiety worrying that the whole living beings would be extinct, therefore, the sage wrote I-Ching(『周易』) in the aspects of birth. For nature has always been maintained and preserved in its own cause, there is no chance of nature being destroyed by itself. Human is one living being amongst all things created by nature, and at the same time, humans had been endowed with a position which is one among SanCai(三才). Nature had given humans responsibility and duty according to their position, but humans neglect to perform their responsibility and duty indulging in enjoyment of their position. Because humans have only enjoyed their position which is the critical one amongst SanCai (三才), this failure has resulted in destruction of nature. It shall be necessary for humans to enjoy their position to a certain extent, in the meantime, however, they should discharge those responsibilities and duties in order for forming and nourishing powers of Heaven and Earth. Although it is the humans that have destroyed nature, they can also provide nature with help to give birth to a new life. Reason for humans have destroyed nature is that they forgot their responsibility and duty having been concealed by their selfish desires. If humans get rid of their selfish desires, and fulfill their given duties and responsibilities, nature shall become revitalized again.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.57-77
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• 2004

According to the dispostions of 1967 Space Treaty, the contracting states should assume legal obligation to assure an authorization and continuing supervision with regard to the national space activities. Any space activities have to abide by the rules of international law as well as specified obligations set by the Treaty. Among several treaty obligations, International responsibility to be bome by the state, and the liability principles are deemed as major outstanding obligations which the state should takeinto account. While nation's first launch site is to be operational in a few years, korean government should assure that its national space activities, such as launching of space object, operation of satellites, etc. should be under governmental authorization and supervision. A legislative effort would be most desirable undertaking for this regard. Especially a specific legislation needs tobe studied forwith such authorization regime so that international responsibilty and the liability as to thelaunching of space object should be under the regulatory scheme. This study focuses upon the necessity of such legislation and proposes some major items and framework for the legislation

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.163-207
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• 2020

Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.3-51
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• 2017

From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

• The tire
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• s.226
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• pp.47-48
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• 2006

자원의절약과재활용촉진에관한법륙 (생산자책임재활용제도) 에 따라 환경부가 산정 · 고시한 폐타이어 재활용의무율 71.8%(의무량 193,868톤)에 대한 우리 협회의 의무이행결과 05년 재활용실적은 216,020톤, 발생량대비 재활용률은 80%로 의무율대비 8.2%p 초과달성한 것으로 나타났다. 또한, 우리 협회는 06년 재활용의무율 72.0%의 달성을 위하여 물질회수 재활용제품의 수요확대 및 보다 부가가치가 높은 신제품의 개발 등 물질회수 재활용사업의 활성화를 통해 가공이용 비중을 높여 218,000톤의 폐타이어를 재활용할 계획이다.

• The Korean Society of Law and Medicine
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• v.4 no.2
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• pp.225-248
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• 2003

• The monthly packaging world
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• s.187
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• pp.48-61
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• 2008

'생산자책임재활용제도'는 제품생산자나 포장재를 이용한 제품의 생산자에게 그 제품이나 포장재의 폐기물에 대하여 일정량의 재활용의무를 부여하여 재활용하게 하고, 이를 이행하지 않을 경우 재활용에 소요되는 비용 이상의 재활용 부과금을 생산자에게 부과하는 제도이다. EPR(Extended Producer Responsibility)의 개념은 종전의 생산자들은 재활용이 쉬운 재질 구조의 제품을 생산하여 이를 판매하는 시점까지만 책임을 지고, 사용 후 발생된 폐기물은 소비자의 책임이었으나, 이제는 사용 후 발생되는 폐기물의 재활용까지 생산자의 책임으로 범위를 확대한다는 의미로 자리매김하고 있다. 우리나라의 경우 완전히 새로운 개념의 제도가 아니라 이미 생산자책임원칙에 의해 '92년부터 운영해 오고 있는 예치금제도를 보완 개선하여 '03. 1. 1일부터 시행하고 있는 상황이다. 본 고에서는 EPR 제도의 현황 및 성과에 대해 포장재 재활용을 중심으로 살펴보도록 한다.