• Korean Journal of Heritage: History & Science
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• v.52 no.3
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• pp.94-111
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• 2019

This study aims to examine the evolutionary process of the protection-management system for historic monuments and their surroundings in France over one-hundred years. Because France and Korea shared policies and institutions regarding the management of historical monuments (cultural property) along with their surroundings, it is necessary to explore the French experience from a comparative perspective. In France, historical monuments began to be recognized as national heritage according to "the 1913 law" which has continued to evolve for more than one hundred years. In the beginning, a historical monument was preserved as a single building unit; however, since 1943, a new policy has been implemented to preserve sets of historical monuments along with their perimeters of protection zones. Moreover, since 1980, in the context of decentralization, local authorities have been given more roles and autonomy concerning the management of historic monuments and their surroundings. Local authorities have played a key role in the protection-management of historic monuments and their surroundings, and have become more active in the conservation of their architectural heritage, including historic monuments. The central government, however, remains as the headquarters whose rigorous policies provide a solid foundation for the decentralized management system of architectural and cultural heritage, including historic monuments. The final goal in the evolutionary process, then, targets the effective and harmonious integration of the protection-management system for historic monuments and their surroundings into urban and regional planning.

• The Korean Journal of Archival Studies
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• no.48
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• pp.45-92
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• 2016

Corporations report their economical, environmental, social influences and achievements through sustainability reports. Apart from the financial reports, which are subject to legal restrictions, sustainability reports inform non financial achievements of a corporation, thus the reliability of the information is solely dependent on the corporation itself. The current sustainability reports are of types that cannot include proof or source of the index data, thus they are tended to be regarded as means of publicity. The reliability of the reports is often questioned. This research applied the concept of Evidence-Based Accountability, which will allow the confirmation of accountability through records including contents and context of the tasks. Evidence-Based Accountability means producing and accumulating witness records of actions, then managing the records as usable information and use them as accountability information. Index data from sustainability reports of domestic corporations and web based reports of Vodafone was reviewed. Measures to link task records as proof of index data was studied. To make this possible, record production and acquisition system was redesigned in order to secure required records as evidence. Linked build-up of SR system and RMS was proposed. The proposed system will allow collection and management of records as SR accountability information, and provide the data when necessary. Also, corporate infrastructure was proposed. This infrastructure will build a professional records management system in stages, through organizational system and regulations. Cooperation of staff in this infrastructure will support reliable corporate accountability.

• Korean Journal of Medical Ethics
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• v.21 no.4
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• pp.316-329
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• 2018

Although the use of social media by doctors raises important issues concerning medical professionalism, the relevant professional bodies in South Korea have failed to issue clear guidelines on social media usage. The Korean Medical Association's newly revised ethics guidelines do require members to maintain dignity while using social media, but the idea of "maintaining dignity" is far from clear, and its premodern connotation prevents it from being reliably used in professional codes of conduct. The authors of this article examine the concept of maintaining dignity and conclude that once it is clarified and redefined it can and should be used as a viable ethical standard in a variety of contexts, including the use of social media. Social media's unpredictability and uncontrollability, and the blurred distinction between professional/public and personal/private can be a threat to medical professionalism. In order to deal with this threat, the concept of dignity is important. We present three examples in which the dignity of medical professionals is undermined and explain why these jeopardize public trust. We conclude that in order to maintain public trust the Korean Medical Association should provide more detailed guidelines on the use of social media by its members.

• (The)Study of the Eastern Classic
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• no.37
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• pp.411-439
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• 2009

Fu-Shan(傅山, 1607~1684) was a progressive actualist between the late Ming(明) dynasty and the early Qing(淸) dynasty. He regards the intellectuals at that time as scarecrows leaned on the empty and exaggerative moral philosophy which the neo-confucian of Song(宋) dynasty established. He thinks that the neo-confucian discussion cause harmful side effects, disregarding the utility side and the variety of the actual world. His thought becomes known all in political thought and literature. He asserts that the neo-confucian ideas provides the logical frame which regulates the actual world and creates a kind of absolute moral ideology. Therefore he insists that the Saint in the true sense of the word consequently is the social reformer and revolutionist who exposes the irrational elements of society. He insists that literature also must be able to express vividness of the actual world. He thinks that genuine literature must have creative contents and find one's own free wild way. He asserts that old literary style from the mimicry is the act which goes against human natural. He thinks that the writing must be able to express the actual world.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.3-33
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• 2022

In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.159-184
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• 2021

The significance of the enactment of the 「Act On The Safety Of And Support For Advanced Regenerative Medicine And Advanced Biological Products」 is to break away from the regulation of the Pharmaceutical Affairs Act and expand patient treatment opportunities through a medical technology approach to regenerative medicine, which is essentially a medical practice called 'transplantation'. However, more than a year after the law was enacted, clinical study has not been activated, with not a single high-risk study approved by the Ministry of Food and Drug Safety being approved. The reason is that despite the legal purpose of expanding patient treatment opportunities, the data requirements for clinical study approval are set in connection with drug development despite the insufficient legal basis, making it difficult for many researchers to meet the data requirements. Prior to the enactment of the Act, submitted data for clinical study on cell therapy products within the Pharmaceutical Affairs Act were cosiderably exempted from quality and non-clinical test data, but with the enforcement of the Advanced Regenerative Bio Act, quality and non-clinical test data are required in accordance with pharmaceuticals when applying for approval of a clinical study plan. To rectify this, when considering the identity of clinical study on advanced regenerative medicine to expand treatment opportunities, recognize that there are limitations in connection with drug development. And it is necessary to preserve the identity of clinical study on advanced regenerative medicine, and on the other hand, in the case of drug product approval, clinical study results should be utilized while specifying usage requirements. Therefore, with the power of the market and the voluntary motive of the clinical researcher, it is necessary to prepare the necessary data by themselves rather than the basic requirements for clinical study approval.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.67-98
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• 2023

In the early stages of the COVID-19 pandemic, Korea took the lead in implementing "social distancing" policies more strongly than other countries. In addition to making it mandatory to wear a mask according to the policy, all patients using medical institutions are tested for COVID-19 to prevent Healthcare-Associated Infections, and only those patients who test negative have been regulated to receive face-to-face medical treatment. In this process, situations such as the disabled, who have difficulty wearing masks, were not taken into account, and emergency patients did not receive timely treatment or surgery from medical personnel. In response, the National Human Rights Commission of Korea has decided that forcing everyone to wear a mask and restricting access to medical institutions constitutes discrimination against the disabled. Therefore, the purposes this study has that, the first is to review cases of human rights discrimination against persons with disabilities due to measures to prevent the transmission of infectious diseases that did not consider the characteristics of persons with disabilities in the COVID-19 situation and issues regarding the decisions of the National Human Rights Commission of Korea, the second is to find a reasonable plan and the need for measures to prevent refusal of treatment by medical institutions for the disabled who have difficulty wearing masks.

• Knowledge Management Research
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• v.24 no.2
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• pp.161-183
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• 2023

Social Q&A sites, where individuals freely ask and answer each other online, play an important role as a public knowledge repository. For their sustainable growth, social Q&A sites constantly need new askers and new answerers. However, previous studies have focused only on answerers, with little attention to new users or askers. This study examines the factors encouraging new users to continue using social Q&A sites based on motivational affordance theory and self-determination theory, and also investigates whether the factors differ depending on the types of users (i.e., new asker vs. new answerer). In addition, the moderating effect of prior experience with a member Q&A site was examined. Using logistic regression and XGBoost, we analyzed online activity data from 25,000 users in the Stack Exchange Network and found that design elements with motivational affordances had significant impacts on new users' continuance behavior. The experience of a member Q&A site negatively moderated the influence of the antecedents of continuance behavior. Interestingly, the influence of editing was not significant in the analysis of new users as a whole, but was significant in the separate analyses of askers (significantly negative) and answerers (significantly positive).

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.181-202
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• 2020

The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.237-264
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• 2017

With the onset of the Human Genome Project, social concerns about 'genetic information discrimination' have been raised, but the problem has not yet been highlighted in Korea. However, non-medical institutions' genetic testing which is related to disease prevention could be partially allowed under the revised "Bioethics and Safety Act" from June 30, 2016. In the case of one domestic insurance company, DTC genetic testing was provided for the new customer of cancer insurance as a complimentary service, which made the social changes related to the recognition of the genetic testing. At a time when precision medicine is becoming a new standard for medical care, discipline on genetic information discrimination has become a problem that can not be delayed anymore. Article 46 and 67 of the Bioethics Act stipulate the prohibition of discrimination on grounds of genetic information and penalties for its violation. However, these broad principles alone can not solve the problems in specific genetic information utilization areas such as insurance and employment. The United States, Canada, the United Kingdom, and Germany have different regulations that prohibit genetic information based discrimination. In the United States, Genetic Information Non-Discrimination Act takes a form that adds to the existing law about the prohibition of genetic information discrimination. In addition, the range of genetic information includes the results of genetic tests of individuals and their families, including "family history". Canada has recently enacted legislation in 2017, expanding coverage to general transactions of goods or services in addition to insurance and employment. The United Kingdom deals only with 'predictive genetic testing results of individuals'. In the case of insurance, the UK government and Association of British Insurers (ABI) agree to abide by a policy framework ('Concordat') for cooperation that provides that insurers' use of genetic information is transparent, fair and subject to regular reviews; and remain committed to the voluntary Moratorium on insurers' use of predictive genetic test results until 1 November 2019, and a review of the Concordat in 2016. In the case of employment, The ICO's 'Employment Practices Code (2011)' is used as a guideline. In Germany, Human Genetic Examination Act(Gesetz ${\ddot{u}}ber$ genetische Untersuchungen bei Menschen) stipulates a principle ban on the demand for genetic testing and the submission of results in employment and insurance. The evaluation of the effectiveness of regulatory framework, as well as the form and scope of the discipline is different from country to country. In light of this, it would be desirable for the issue of genetic information discrimination in Korea to be addressed based on the review of related regulations, the participation of experts, and the cooperation of stakeholders.