• Journal of the Korea Institute of Information and Communication Engineering
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• v.12 no.8
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• pp.1339-1348
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• 2008

According to diffusion and wide utilization of Radio telecommunication, demands of radio frequency source are increasing. Thus, we have o continuously study on regulations which should be managed efficiently and usefully for father technical developing. In this paper dispute bout developing radio frequency police depends on changes of conditions and sing radio frequency source depend on a variation of environment and an advance of technique and then we consider a international agreement and an amendment of international regulations for an alternative proposal so that we suggest foundations of national radio regulations for revisions and decisions connect with radio frequency control policies and rules.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.205-236
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• 2010

This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

• Journal of Korean Society of Forest Science
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• v.84 no.1
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• pp.10-21
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• 1995

This study was conducted to compare the changes in the forest resources and the process of establishment and characteristics of the Forest Law in five Northeast Asian Countries, who share the Chinese culture as a common background. The effect of Forest Law on forest resources of each countries is also compared. This study shows that the forest management scheme and the modernistic forest law in the five Northeast Countries were influenced by Japan around the early 20th century. The Forest Laws of the five countries were reestablished after the end of World War II, and now the five countries have their own Forest Law. At present, the five countries are depending on the import of foreign timber for timber supply because of the shortage of domestic timber resources. The Forest Laws of the five countries have a lot of similarities reflecting same cultural background, whereas there are differences originated from social and economic discrepancies. Currently R.O.K. is worst in forest resources compared to the other countries. The Forest Law of R.O.K. has too many articles, which has little direct relationship with forest resources management. Therefore it is recommended to consolidate the law system in the field of forest and forestry in R.O.K. including the amendment of Forest Law directing to sustainable forest and maintaining the efficiency of forest resources management.

• 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).

• Korean Journal of Environment and Ecology
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• v.35 no.1
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• pp.81-91
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• 2021

The Democratic People's Republic of Korea did not have direct legislation on natural environmental conservation until the early 1970s when the regime was still in the early stage. The Law on Land was enacted in 1977 to provide the legal basis for protecting the natural environment, including land protection, protection zones, and forest formation and protection. The enactment of the Law on Environmental Protection in 1986 made progress on environmental conservation in the DPRK. The constitutional amendment in 1992 stipulated "the preservation and creation of the natural environment as the responsibility of the state." Based on the Framework Law on Environmental Protection, subordinate statutes in various fields were enacted after the1990s. While the committee designated and managed the protected zones in the early days, the Framework Law on Environmental Protection established the ground for the designation of legally protected areas, and the Law on Protection of Scenic Spots and Natural Monuments enacted in 1995, and the Law on Environmental Protection enacted in 2009 provided the details. Furthermore, the types of nature reserves include biosphere reserves, primeval forest reserves, animal reserves, plant reserves, and scenic reserves. The 2nd National Biodiversity Strategy and Action Plan established in 2007 based on the Convention on Biological Diversity(CBD) stated 326 protected zones in the DPRK. However, the 2018 United Nations list of Protected Areas shows only 31 registered zones, indicating the need to establish basic information on protected areas in DPRK. This study can provide basic information for a better understanding of the nature conservation system in the DPRK. Considering that environmental protection activities such as protection of endangered species and recovery of environmental pollution are subject to exceptions under the current sanctions against North Korea (UN Security Council, the United States), it will be possible to contribute to identifying possible inter-Korean cooperation projects in the field of the natural environment.

• The Journal of Korean Medical History
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• v.26 no.2
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• pp.9-21
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• 2013

Purpose : The purpose of this study was to analyze the history and characteristics of laws and regulations of the medical and pharmaceutical system in Korea-focusing on the Korean (Oriental) medical and pharmaceutical system-from the modern period to the early days of the Republic. We reviewed how traditional notions and categories of Oriental medicine, which were regarded as experiential and conventional, became part of the current dualistic medical and pharmaceutical system, and examined problems and effects during the course of positioning. Methods : We classified the development of the medical and pharmaceutical laws and regulations chronologically, from the Korean Empire to the beginning of the Republic. The abolishment of the traditional medical system that was based on laws and regulations of the Joseon Dynasty, the implementation of dualistic medical system in the Korean Empire, the attempt to demolish Korean (Oriental) medicine under the Japanese colonial rule, and the process of developing a statute-based continental law system were thoroughly reviewed. Results : Although the dualistic medical system was specified in legislation via the enactment of the National Medical Services Law in 1951, we found that it was actually enacted in 1963, when the laws and systems regarding the educational institution of Korean (Oriental) medicine were stably established. Moreover, the dualistic pharmaceutical system was specified in legislation through the partial amendment of the Pharmaceutical Affairs Act in 1994, but we concluded that the actual enactment was rather in 2000, when the first Korean (Oriental) pharmacist was produced. Discussions and conclusions : An effort to establish a dualistic medical system of Korean (Oriental) medicine and Western medicine during the Korean Empire bore fruit a few decades later, after the Republic of Korea was founded. It means the basis for the legal system finally took shape in spite of the numerous attempts during the Japanese colonial era and the beginning of the Republic to abolish Korean (Oriental) medical and pharmaceutical system.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.3-33
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• 2020

Until recently the German and the South Korean medical associations reacted cautiously to the introduction of telemedicine between doctor and patient which is exclusively on the platform conducted. But the General Assembly of German Physicians voted to lift the ban on remote treatment with the amendment to Section 7 (4) MBO-Ä(Medical Association's Professional Code of Conduct) in 2018 and the situation has been fundamentally changed in Germany. From then until now 16 of 17 rural medical associations have changed their professional code to allow telemedicine. In addition the legislature started to prepare the basis for the introduction of the electronic health card (eGK) and the telematics infrastructure. So far, various laws such as Medicinal Products Act, Drug Advertisement Act and Social Code have been changed to support legalization of telemedicine and digitalization of health care. Unlike in Germany, the social circumstances such as excessive centralization of the big hospitals in Seoul and the resulting concern of small medical practices for profitability are the main obstacles to the introduction of telemedicine. However the German approach how to legalise the telemedicine and to prepare for legal and technical infrastructure is also interesting in South Korea. The discussions for and against the changes in the law and the telematics infrastructure attempted by the German government for several years indicate that not only lifting the ban on remote treatment, but also harmonization of all the related legal system could guarantee successful implementation of telemedicine.

• Fire Science and Engineering
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• v.33 no.2
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• pp.124-131
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• 2019

When a fire occurs in a road tunnel, it is likely to develop into a major disaster because of its sealed structural characteristics. Because of this, a range of disaster prevention facilities should be installed, and they should show their appropriate functions in fire prevention and response. In addition, the installation of essential disaster prevention facilities is missing due to the lack of considering an extension of continuous tunnels and soundproof tunnels. For these reasons, it was judged that an amendment to the law would be necessary. Therefore, this paper reviewed the changes in domestic laws related to the disaster prevention facilities of road tunnels, and the results of the study on the parts that need to be revised in the fire-related laws through a comparative analysis between laws are as follows. First, consecutive tunnels should consider the sum of the extensions of the individual tunnels and ensure that the soundproof tunnels are included in the category of tunnels in the law. In this way, the necessary disaster prevention facilities should be installed. Second, it is necessary to secure a legal justification for installing disaster prevention facilities in tunnels. Therefore, it is essential that water mist fire extinguishing system facilities, emergency broadcasting facilities, and leading lights, which are excluded from installation in tunnels, are specified in the Fire-related laws. Third, to specify in the law that air respirators must be provided in the tunnel is necessary from the viewpoint of the field response. Accordingly, it will make a great contribution to the fire-fighting activities and the life-saving efforts by fire-fighters.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.3-24
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• 2019

This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

• Journal of the Korea Society of Computer and Information
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• v.26 no.2
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• pp.141-150
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• 2021

Article 117, Paragraph 1 of the 「Constitution」 states that "Local governments may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes". It restricts the enactment of effective self-government laws. The fundamental problem-solving is securing the right to self-governing legislation through constitutional amendment. Therefore, it must be revised to "Local governments can make regulations on self-government to the extent that they handle resident welfare affairs in accordance with the subsidiarity and do not violate the law." In the long-term perspective, the current education council problem, which is contrary to the constitution, has to be revived as a constitutional independent education committee system, and the voting agency and the executive agency must go together and education councilors must have about 10 years of experience in education and education administration. The current superintendent's election system is of great significance in establishing democratic legitimacy by ensuring residents' right to vote and securing a superintendent's representation of residents. It hasn't been long since the system was implemented, but there are some side effects and it is argued that the election system should be replaced by the appointment by the head of the local government, the running mate system or the joint registration system. However it is thought that it is necessary to minimize and supplement the side effects rather than fixing the system as it violates the Constitution of the local education autonomy system.