• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.89-115
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• 2022

In this article, the Medical Act, the Emergency Medical Act, Act on remedies for injuries from medical malpractice and mediation of medical disputes were reviewed and interpreted based on the Civil Act. In the health and medical field, there are various laws that reflect changes in the medical field due to the development of health and medical technology, and their revision is very frequent. And the legislation has become very complicated. They contradict each other or require interpretation. In this situation, a person must take considerable care not to violate the law. In many cases, specific guidelines or authoritative interpretation are required to apply the law. Even guidelines and authoritative interpretations often conflict with civil law. In this article, errors in the legal text related to health care were found. In addition, it found a case that contradicts the civil law perspective in interpretation. Thus, it was confirmed that civil legal thinking was necessary to legislate, interpret, and apply health care-related laws.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2018.11a
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• pp.225-227
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• 2018

This research paper examines the history and present of 'temporary passengers' prescribed in Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations and suggests improvement plans referring to the examples of legislation of other countries. In 2015, Ministry of Ocean and Fisheries made authoritative interpretation that Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations, which prescribes special cargo drivers such as agricultural, marine or livestock vehicles as temporary passengers, is applied only to passenger ships and not to cargo ships such including Ro-Ro cargo ships. As the authoritative interpretation of the Ministry does not agree with not only the traditional interpretational methodology but also the interpretational methodology that are commonly used today, it lacks logical basis and looks unpersuasive. Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations can be applied not only on passenger ships but also on cargo ships. Also in case of Ro-Ro cargo ships, it is logically contradictory and against fairness not to acknowledge special cargo vehicle drivers as temporary passengers when there is no problem with safe navigation and safety of passengers on board even when the sailor, the sailor's family and the ship owner may be acknowledged as temporary passengers. To avoid unnecessary disputes and lawsuits, improvement plans using theory of legislation through statutory reform is more desirable. Therefore, the P aragraph should be amended to "Supercargo who deals with cargo that requires special care due to the characteristics of the cargo, such as transportation vehicles for agricultural products, marine products, livestock, explosives or flammable materials (drivers can serve as supercargos)" to reflect the distinct characteristics of cargo and ship navigation in Korea including the current distribution system, while setting an objective standard based on common sense of ordinary people and not on arbitrary interpretation.

• Journal of the Korean Society of Physical Medicine
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• v.13 no.2
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• pp.147-156
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• 2018

PURPOSE: The law pertaining to medical service technologists does not discuss the scope and limits of doctors' guidelines. My paper aims to discuss these topics. METHODS: This study was based on a review of literature and an analysis of judicial precedents. RESULTS: Physical therapists have often noted the need for independent practitioners in their articles on health care. Their continued discussions on professional and educational differences have centered round this issue, but their ideas have not been accepted. Practitioners have continued to interpret doctors' guidelines in hospitals without discussing their scope. However, the Supreme Court presented a meaningful decision outlining the conceptual limits and the scope of medical practice. The court suggested, basing its interpretation in the goal of clarifying the concept of medical activities smoothly, was to follow a specific judgment on the levels of education, testing, and professionalism. CONCLUSION: The role of physical therapists is expanding in this country, in order to meet the needs of the ultra-aged society. Education is already responding to rising training needs. By dividing the doctors' guidelines into indirect and direct types, if there's no medical risk near or around the health center or hospital, it is a good idea to allow the management of physical therapy partially, while understanding the scope and limitations of these guidelines clearly. A teleological interpretation of the law is especially relevant, and can be implemented immediately by the authoritative interpretation on part of the health authorities without any legal amendments.

• Journal of Korea Trade
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• v.24 no.1
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• pp.113-130
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• 2020

Purpose - This paper examines the legal standards for the interpretation of contract terms in the UNIDROIT Principles of International Commercial Contracts (PICC) and the cases thereunder in order to provide academic implication to promoting an appropriate understanding of this topic in practical business. Design/methodology - This article uses the literature research and case study under the PICC. Findings - the contract terms shall be interpreted according to the common intention of the parties. If such an intention cannot be established, the contract shall be interpreted according to the meaning that reasonable persons of the same kind as the parties would give to it in the same circumstances. The statements and other conduct of a party shall be interpreted according to that party's intention if the other party knew or could not have been unaware of that intention. If not, the reasonable person standard will apply. In applying above articles, all relevant circumstances including the conduct of the parties, practices and usages shall be considered. Terms and expressions shall be interpreted in the light of the whole contract or statement in which they appear and contract terms shall be interpreted so as to give effect to all the terms rather than to deprive some of them of effect. Where contract terms supplied by one party are unclear, contra proferentem rule applies. Where there is discrepancy between several equally authoritative versions of a contract, a preference is given to the interpretation according to the version originally drawn up. Where the parties to a contract have not agreed regarding an important term for their rights and duties, a term which is appropriate in the circumstances shall be supplied. Originality/value - This article examines various cases regarding the topic that were determined under the PICC. By finding legal standards and rulings of relevant cases, this article will help readers in practical business to enhance the ability to apply the provisions to their contracts.

• Korean Security Journal
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• no.4
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• pp.5-27
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• 2001

This study analyzes the social function of democracy and the essential problems of social security of democracy. So far democracy has used a political term in politics. Democracy allows us the right to the freedom of individuality and social equality. Even scholars however, neglect to study about the criticism of democracy and social problems that are caused by democracy. It was expected that democracy would be valued by humans throughout the world. People have been fighting to establish a reliable political system of democracy. So they can have security in their society and the subject of politics. Therefore, We should consider study on democracy in function of democracy in relation to security of society and essential problems on what is democracy? Does democracy change with social change? Didier Bigo said, 'rising of freedom cause rising of a social unrest', B. Jeanneau said 'Democracy itself is the starting of social discord'. These are criticism of social security, the system and the function of democracy. It especially explains social discord and unrest that has occurred by an authoritative interpretation of democracy or the meaning of a word interpretation. It is a question of the day that it's converse the function of the system and the operation of democracy, act as social unrest.

• Journal of the Korean Society of Radiology
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• v.15 no.4
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• pp.481-490
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• 2021

There is no qualification system for sonographers in Korea. But the MEDICAL SERVICE TECHNOLOGISTS, ETC. ACT stipulates that radiological technologists can handle ultrasound equipment. However, there is controversy about the scope of the work allowed for radiological technologists to perform ultrasound examinations. Accordingly, the authoritative interpretation of the Ministry of Health and Welfare of Korea, the adjudication of administrative judgment, and the judgment of the courts were analyzed. As a result, the authoritative interpretation expresses that when a radiological technologist performs an ultrasound examination, a diagnosis and specific guidance should be made in real time while the doctor simultaneously watches the radiological technologist's images. In the adjudication of administrative judgment, it was decided that the handling of ultrasound-related equipment was the work of the radiological technologist. The court ruled that it was illegal for a radiological technologist to make a medical judgment on ultrasound examination. In the United States, Canada, etc., the sonographer independently conducts ultrasound examination according to the doctor's prescription, prepares a summary of what they saw and this is passed on to the doctor. Therefore, in Korea, there is a need for institutional improvement so that radiological technologists can perform ultrasound examinations according to doctors' prescriptions without real-time guidance.

• Korean Journal of Oriental Medicine
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• v.15 no.3
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• pp.19-28
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• 2009

Objectives : The lawsuits associated with medical practice in Korean medicine are increasing gradually. However, the clear definition for medical practice in Korean medicine has not been existed in Korean law. Only we may understand the concept regulated by judicial precedents of the court of justice or the authoritative interpretation by the government. Methods : For study, a database was established for medical lawsuits involving Korean medicine(1968~2009, n=130). Results : According to court rulings, the medical practice in Korean medicine is an act to diagnose a person's illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care, to have some factor to create or increase danger for the preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge. Conclusions : But, such definition is not proper and exceedingly vague. Besides medical circumstances Koreans Medicine are changing, and new precedent to the definition of the practice of medicine is establishing. Therefore the meaning and scope of the medical practice in Korean medicine should be modified and amended, reflecting these conditions.

• International Journal of Advanced Culture Technology
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• v.10 no.3
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• pp.272-280
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• 2022

During last few years, pandemic of COVID-19 has been a global issue. Under the COVID-19, global events have been restricted or canceled to secure public hygiene and safety. Since one of the largest global events is Olympic Games, we selected recent Olympic Games as our case of analysis. Tokyo Olympic Games (TOG) was held in 2021, but it encountered a millennium disaster, the pandemic of COVID-19. In such a special period, it is of great significance to explore the emotional tendency of global views before and TOG via artificial intelligence. This paper vastly collects the TOG comment data of mainstream websites in South Korea, China, and the United States by implementing crawler program for sentiment analysis (SA). And we use a variety of sentiment analysis models to compare the accuracy of the experimental results, to obtain more reliable SA results. In addition, in the prediction results, to reduce the distortion of opinion by a minority, we introduce an algorithm called "Removing Biased Minority Opinions (RBMO)" and provide how to apply this method to the interpretation domain. Through our method, more authoritative SA results were obtained, which in turn provided a basis for predicting the sentiment tendency of countries around the world in TOG during the COVID-19 epidemic.

• The Journal of Korean Medicine
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• v.35 no.3
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• pp.135-154
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• 2014

Purpose: There is an issue in applying various principles introduced in established Korean medical classics to "Pharmaceuticals Approval, Notification and Review" of "herbal medicinal preparations" and "new drugs from natural products" that are used for western forms of medical treatment. Thus, an analysis of the origin, purpose, and application of established Korean medical classics in the Korean Pharmaceutical Affairs Act is essential. Methods: We collected data regarding the origin, purpose, and application of established Korean medical classics in the Korean Pharmaceutical Affairs Act, and classified them by periodical change and subjects. Results: Established Korean medical classics are applied as follows: 1) as criteria for Korean medicine distributors' sales of mixed herbal drugs (Pharmaceutical Affairs Act; since 1953), 2) as official compendiums for pharmacists' preparation of Korean medicine (Ministry of Health and Welfare's authoritative interpretation; from early 1970s to 1993), 3) as standards for oriental pharmacists' quality measurement of preparations (notification of the Ministry of Health and Welfare; since 1995), 4) as criteria for "Pharmaceuticals Approval, Notification and Review" of herbal medicinal preparations and crude drug preparations (notifications regarding drug approval process by the Ministry of Health and Welfare and the Ministry of Food and Drug Safety; since 1978), and 5) as standards for the quality of materials of health functional food (from 2004 to 2011). Conclusion: The application of Korean medical classics has been closely related with the change of the laws, regulations, and systems that are relevant to Korean medicine, and it seems to be more favorable for pharmacists than oriental pharmacists. Meanwhile, regulations that apply prescriptions that are recorded in Korean medical classics - dosage, indications, and preparation methods - as criteria for the approval of crude drug preparations for western medical treatment should be abolished.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.127-151
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• 2016

UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.