• Maritime Security
• /
• v.6 no.1
• /
• pp.37-56
• /
• 2023

Recently, with the rapid development of ICT(Information and Communication Technology) and AI(Artificial Intelligence) technology industries, the emergence of MASS(Maritime Autonomous Surface Ship), which were thought only in the distant future, is approaching a reality. Along with the development of these amazing technologies, changes in the private law sector, such as liability, compensation for damages, and maritime insurance, as well as in the public law sector, such as maritime safety, marine environment protection, and maintenance of maritime order, have become necessary in the field of maritime law. In particular, with the advent of a new type of ship called MASS that does not have a crew on board, the kind and type of liability, compensation for damages, and insurance contracts in the event of a marine accident will also change. In this paper, the general theory about concept, classification, effectiveness and future of MASS and the general theory about concept and various obligations and responsibilities under the maritime law for discussion of MASS are reviewed. Next, in addition, regarding the problems that may occur in the event of a marine accident from MASS, the status as a ship, the legal relationship of the chartering contract, obligation to exercise due diligence in making the vessel seaworthiness, subject of responsibility, and liability for damages and immunity are reviewed from the perspective of maritime law. In addition, in the degree four of MASS, the necessities of further research to clarify the attributable subjects and standards of responsibility in the event of a marine accident, as well as the necessities of institutional improvement such as technology development, enactment and amendment of law and funding are presented.

• The Korean Society of Law and Medicine
• /
• v.16 no.1
• /
• pp.3-82
• /
• 2015

This paper is concerned in the theme of the liability for the breach of duty to inform(Haftungszurechnung der $Aufkl{\ddot{a}}rungspflichtverletzung$) and the malpractice of cosmetic surgery. Here, the terms, treatments for healing purposes and purely medical-technical cosmetic operations are well integrated in the category of "medical conduct(medizinische Handlung)" within the meaning of the public and administrative 'Medical Law'. In the judgment of 6. 13. 2013 Az. 2012DA94865 provides the KHGH(Korean Highest Court of Justice) to inform the patient about the prospects and risks of cosmetic surgery(Infrabrow Excision Blepharoplasty) stringent requirements, similar to the judicature of BGH(cf. BGH, Urt. v. 6. 11. 1990, Az.: VI ZR 8/90). Even in the judgment of 5. 12. 2014 Az. 2013GASO865646 the SZLG(Seoul Central Regional Court) recognizes the physician contract for 'cosmetic septoplasty' as a sort of contract for work. The medical treatment(${\ddot{a}}rztliche$ Heilbehandlung) is still regarded as a prototype of the medical activity, therefore in the meaning of the 'Civil Law(KBGB)', its term needs to be used immediately for healing purposes. The cosmetic operation, desired by a patient, differs from the healing treatment by the element of "indication" and the fact that the "healing purpose(Heilzweck)" itself is missing. In comparative context - methodically fully aware that the unreflective term transfer between different laws might contradict their legal purposes - a series of judgments BSG(BSGE 63, 83, BSGE 72, 96, BSGE, 82, 158, BSGE 93, 252 etc.) and some judgments of LSG are reviewed. In addition, also the dogmatic topic for the "legal natur of a medical treatment contract" is to reconsider by comparative introducing BGHZ 63, 306. Now in view of the current state of greater popularity of artificial cosmetic surgery still indeed is the sentences: The doctor is minister naturae, a helper of nature. A doctor promises regularly only the proper treatment of the patient, but the contractual liability for work should not be excluded in medical conditions for cosmetic surgeries altogether. "With cosmetic operations, seeking to eliminate the external deformities, the doctor may miss the medical profession entirely." - A. Laufs, Medical Law, 5th ed. P. 18.

• KSCE Journal of Civil and Environmental Engineering Research
• /
• v.36 no.1
• /
• pp.121-128
• /
• 2016

The restructuring of Korean railway industry, separation of between train operators and an infrastructure manager, had been conducted in 2004 to increase the productivities of railway operations. However, the maintenance-staffs are still employed by Korail (train operator), not by the infrastructure manager, which led the maintenance of railway infrastructure to be conducted by the train operator. The infrastructure manager is now only taking care of financial transferring issues once the train operator requests expenses spent for facility maintenance. Such incomplete restructure may result in a lack of safety performance on railway operations as the roles and responsibilities are less likely to be assigned under the multiple train operators. Thus, this study proposes the way of structuring maintenance divisions and their roles and responsibilities to assure the safe work execution under the circumstance of multiple train operators on the same rail network.

• The Korean Journal of Air & Space Law and Policy
• /
• v.34 no.1
• /
• pp.125-157
• /
• 2019

Technological advancement and demand of sUAS (small Unmanned Aircraft System)are rapidly growing, which makes the current legal system unable to follow. Currently, Aviation Security Act and its subordinate law exclude the registration and certification for non-commercial purpose sUAS weighing less than 12kg. Despite this sUAS being the most popular model for consumer, there is no way to regulate them legally. When there is sUAS crash accident, the operator legally responsible for the occurrence damage cannot be identified. It has been an issue for a long time with the concrete classification and registration of sUAS, but it has not been introduced yet. It is obvious that damages caused by sUAS will be transferred not only to operators but also to third parties. Discussions on liability insurance for these sUAS are actively being held. But first, it is necessary to identify who will be responsible for the damage caused by the sUAS. In other words, even with the liability system established, without clarified operator the damage occurred cannot determine who is responsible. According to the cases of America and Germany, they have enforced the law of registration and identification obligated to 200g or 250g sUAS. Therefore, it is necessary to prepare regulations on concrete classification and registrations to identify for noncommercial purpose sUAS as soon as possible in Korea.

• The Journal of the Convergence on Culture Technology
• /
• v.9 no.5
• /
• pp.57-63
• /
• 2023

The purpose of this paper is to analyze the aspects of hybrid warfare and show the limits of jus in bello, a principle that evaluates the moral responsibility of the agents. As a theory of the morality of war presented in traditional warfare, the just war theory has been widely accepted. In particular, jus in bello offers the criteria of moral legitimacy regarding the actions of individuals participating in or involved in war. However, hybrid warfare, in which various aspects of warfare operate in a complex way, has obvious differences compared to traditional warfare, and this difference causes difficulties in determining the moral evaluation and attribution of responsibility for actions in war. In order to appropriately resolve the moral problems arising from hybrid warfare, it is necessary to clarify what the limitations of existing moral justification theories are. To this end, in this paper, we will first present a conceptual understanding of hybrid warfare, specify the differences from traditional warfare, and then show the limits of its application in hybrid warfare in light of the three principles that compose jus in bello.

• Cross-Cultural Studies
• /
• v.52
• /
• pp.79-110
• /
• 2018

This purpose of this study was to address the issue of forgiving unforgivable crimes, inevitably raised in Paul Ricoeur's thoughts. He explores the possibility of righteous historical representation of tragic events in Western history. Being aware of injustices of amnesty indiscriminately extended by the government, he studied the process through in which a genuine pardon should unfold before granting amnesty. He believes that this process called the "odyssey of forgiveness" presupposes the process of "imputability," in which the perpetrator should acknowledge his/her wrongdoing as his/her act and take reasonable responsibilities for it in a modest position. However, such acknowledgement of wrongdoing cannot be any reason for the victim to necessarily grant forgiveness to the perpetrator. According to him, forgiveness is a gift and the power of love enabled by a complete forgiver only. The initiative of forgiveness is attributable to the forgiver only. To never relinquish tension between love and justice in the forgiving process, he devises a way of planning an equation of forgiveness in a vertical scheme. Finally, he explains the process of requesting and granting forgiveness in a form of a righteous historical representation against the oblivion of past tragic events. He contends that this event of forgiveness promises a new life and a new era to all seeking and granting forgiveness, and that write a righteous history in eschatological hope.

• Korean Journal of Legislative Studies
• /
• v.27 no.1
• /
• pp.79-115
• /
• 2021

Voters' negative evaluations of government performance lower their trust in government, which functions as the reward and punishment for the government. Trust in government thus serves to promote political accountability of the representative government. However, voters build their confidence toward the party government where the ruling party is responsible for the performance. Considering this partisan nature, we empirically examine that the influence of voters' performance evaluations on governmental trust is conditional on their party identifications. While higher perceptions of political/social conflict and increasing negative evaluations of government policies and economic performance are associated with the lower level of confidence in government, the relationship is contrasted between different party identifiers. For supporters of the ruling party in 2020, the negative evaluations of government performance are not likely to reduce trust in government a lot. On the contrary, those who identify with the main opposition party show the most prominent effect of negative evaluations on their distrust in government. This study demonstrates that trust in government is affected by voters' partisan preferences, not entirely by evaluations of government performance. Such a distortion of the reward and sanction function of governmental trust might lead to the weakening of the accountability mechanism in representative democracy.

• 한국체육학회지인문사회과학편
• /
• v.55 no.2
• /
• pp.11-22
• /
• 2016

Researcher has reviewed the diagnosis and strategies under the perspective of the Luhmann's system theory, and has concluded the following. The existing anti-doping communication has adopted a personalization strategy, in which the causes and responsibilities of doping is attributed to persons. Therefore, the problem-solving measures are all most the individual-centered such as detection, punishment, education to enlighten. Such a strategy is not only to simplify the doping phenomenon, which is a result of the complex entanglement of the interests of the sport system and its surroundings functional systems, to a result of the individual decision-making according to free will, but also to contribute to hiding of the internal and structural problems of systems through the self-reflection blocking of sport system and its surrounding systems, and to inactivate the anti-doping efforts by imposing demand which player or trainer can not easy accept. The effective strategy for combating doping should be conceptualized and executed in all levels of problems.

• Journal of Korean Philosophical Society
• /
• v.144
• /
• pp.51-82
• /
• 2017

In Meditation II, Descartes questions "sed quid igitur sum" ("But what then am I?"). To this question to rule our essence, A. Clark insists that "We are soft selves". The idea by Clark is a spontaneous conclusion of the extended mind theory stating that cognitive process, cognitive state, and self may be extended over biological organisms. However, it seems that it is difficult for the extended self to have the qualifications as a moral agent. There have been disputes about expandability of cognitive process and cognitive state, but there have not been many disputes about the possibility of accountability of behavior by the extended self. First of all, in this thesis, it will be revealed that the extended self through the analysis of metaphorical theories and the ontological essence of agent and behavior by G. Lakoff and M. Johnson is just metaphorical rhetoric, which is not suitable for rational comprehension of ontological essence of agent and behavior. Moreover, the analysis of problem about artificial moral agent (AMA) proposes the "Strong First-person Viewpoint" as a requirement of the agent. Finally, the concept of extended self will be shown to be unsuitable for theoretical explanation of us, and the concept of human person will be proposed as an alternative solution.

• Journal of Korean Philosophical Society
• /
• no.118
• /
• pp.25-51
• /
• 2017

The purpose of this article is to elucidate Plotinus' concept of freedom. Particular attention is paid to two terms, 'what is self-determined' (to autexousion) and 'what is up to us' (to $eph^{\prime}h{\hat{e}}min$), which Plotinus employs in order to articulate the meaning of freedom. It is shown that freedom in Plotinus consists in the power of doing whatever one wills while willing the good. We first situate Plotinus' concept of freedom in the Socratic tradition. Next we investigate how Plotinus and Alexander of Aphrodisias conceptualize freedom in terms of self-determination in the context of criticizing determinism. It is shown that Alexander tries to secure the psychological grounds for human moral responsibility by introducing a causally undetermined power of choice between alternatives. In contrast, Plotinus is interested in psychological conditions that allow humans to do the right thing. For this purpose, he establishes the concept of will ($boul{\hat{e}}sis$) as the power of wanting and choosing the best. We then try to clarify his claim that free will cannot choose otherwise by appealing to his concept of divine freedom, which idealizes the power of doing one's best and being oneself at one's best. Finally, we discuss Plotinus' view of the limitations and possibilities of human freedom and indicate its practical implications. In conclusion we claim that Plotinus pleads for an active way of living which spreads inner freedom out into the world, rather than living in seclusion so as to protect an inner freedom which is pure.