• Journal of Arbitration Studies
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• v.13 no.2
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• pp.157-179
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• 2004

Currently major countries, including the USA, have developed and contrived to activate ADR(Alternative Dispute Resolution) in order to both choose effective means for dispute resolution and establish the reformation of the judicial system; thus meeting people's revamped expectations due to the rapid increase of, and diversification in, civil disputes. This is why there has been some haste in many countries to organize systems for this, so called, 'the Fundamental ADR Act' which regulates the essential structure to accelerate the use of ADR and strengthen the links with trial procedures. For example, in 1999 Germany revised it Civil Procedure Act, to allow for a pre-conciliation process in cases involving only small sums of money. Whilst, with regard to the Civil Procedure Act in France, new regulations have been introduced with regard to actions before either a suit or return to conciliation. In the United Kingdom, as far back as 1988, additions to the legal structure allowed for expansion of regulations applying to ADR. By 1999 the new ADR regulations were part of the legal structure of the UK Civil Procedure Act. The USA passed the federal law for ADR in 1998. Since then the world has tried to enact this model in UNCITRAL on international conciliation. When we consider this recent trend by the world's major countries, it is desirable that the fundamental law on ADR should be enacted in Korea also. This paper traces the object, and the regulatory content required, for the fundamental ADR law to be enacted in Korea's future. Firstly, the purpose of the fundamental ADR law is limited only to the private sector, including administrative and excluding judicial sector and arbitration, because in Korea the Judicial Conciliation of the Civil Disputes Act, the Family Disputes Act and the Arbitration Act already exist. Secondly I will I examine the regulatory content of the basic ADR Act, dividing it into: 1)regulations on the basic ideology of ADR, 2)those on the transition to trial procedures of ADR, and 3)those on the transition to ADR from trial procedures. In addition I will research the regulatory limitations of ADR.

• 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.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.75-102
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• 2022

In this article, 「Act on the hospice and palliative care and decisions on life-sustaining treatment for patients at the end of life」, 「Act On The Improvement Of Mental Health And The Support For Welfare Services For Mental Patients」, 「Organs Transplant Act」, 「Safety And Management Of Human Tissue Act」, 「Pharmaceutical Affairs Act」, 「Prevention Of Acquired Immunodeficiency Syndrome Act」, 「Tuberculosis Prevention Act」, 「Infectious Disease Control And Prevention Act」 were reviewed. Patients' right to self-determination and consent in these laws are related to civil law. even though they are closely related to the civil law in relation to patients' right to self-determination and consent. In order to consistently operate medical administration, it is necessary to understand the principles of civil law decision-making.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.169-205
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• 2003

Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.125-153
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• 2012

The adult guardianship system has been introduced through amendments of Korean Civil Code for the first time in the March 2011(Act No. 10429, 7. 1. 2013. enforcement). The adult guardianship system has the main purposes to provide a lot of help vulnerable adults and elderly, and protect them on the welfare related with property act, treatment, care, etc. There could be a controversy about whether the protection Legal Guardian's consent(formerly known as the Mental Health Act) or permission of the Family Court(revised Civil Code) are required to, or the Mental Health Act should be revised, when mental patient will be hospitalized forcibly. The author proposes that mental patient with Adult guardians should be determined by Legal Guardian's consent and approval of the Family Court, but mental patient without Adult guardians could be determined by Legal Guardian's consent. The issue of Withdrawing of life-sustaining treatment could be occurred due to the aging society and the development of modern medicine, and this has provided difficult, various problems to mankind in Legal, ethical, and social welfare aspects. The need of Death with dignity law or Natural death law has been reduced for a revision of the Civil Code. Therefore, on the issue of Withdrawing of life-sustaining treatment, in the future, intervention of the court is necessary in accordance with the revised Civil Code Section, and Organ Transplantation Act and the brain death criteria may serve as an important criterion.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.55-96
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• 2004

The Reform Aviation Act of 2004 that which devided the basic aviation act and the act related aviation accident investigation announced in July 2004. The purpose of this study is to review standards and recommendations of Annexes for International Civil Aviation Convention and CFR of FAA in USA, Aviation Act of Japan, Civil Aviation Act of Australia, Aeronautics Act of Canada, Air Navigation Act of Singapore. and then after these review, we tried to compare them with Korean Aviation Law, Enforcement Decree, Regulations related their system. At the result of this study, we find out many advanced countries divided into basic Aviation act and accident investigation act. finally we have suggested mid and longtern plan and implementation which applicable to set up domestic aviation law system.

• Journal of the Society of Disaster Information
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• v.19 no.4
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• pp.834-843
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• 2023

Purpose: The Serious Civil Accidents consist of the public use facilities, the public transports, and the material and its products. According to the Serious Civil Accidents of the Serious Accidents Punishment Act, it must be constructed the safety and health management framework and execution system. In this study. we are design the model of the Serous Civil Accidents management and action system. Method: Firstly, we review from 8^th article to 11^th article of the enforcement ordinance of the Serious Accidents Punishment Act. From the articles, we design the visual and structural management system supporting the Act. Result: The Serious Civil Accidents apply to the system is consisted of 6 monitoring modules and 4 kinds DB modules. Conclusion: The Serious Civil Accidents are managed by the private enterprises, local governments, and public institutions. Specially, the CEO of restaurants, cafes, et al, do not know the detail information related to the Act. Also in case of the local governments, there are many facilities related the Act. It is not easy to the construct the management framework of the Act. This study provides the simple management structure for the Act.

• Journal of radiological science and technology
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• v.30 no.4
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• pp.313-320
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• 2007

There are the Medical Radiation Health and Safety Act(the Patient Radiation Health and Safety Act, the Radiologic Technologist Act), the Medical Laboratory Technologist Act, the Physical Therapy Practice Act, and the Dental Hygienist Act, etc in America. However, Korea has only one Act for a medical radiologic technologist(including radiation therapy technologist, nuclear medicine technologist), medical laboratory technologist, physical therapist, occupational therapy examiner, dental hygienist, and so on. It is the Medical Technologist Act. Therefore, the Medical Radiation Health and Safety Act for a radiologic technologist(including radiation therapy technologist, nuclear medicine technologist) has to be enacted independently in Korea. It is the purpose of this Act to provide for the appropriate certification of persons using radioactive materials, equipment emitting ionizing radiation on humans or performing medical imaging for diagnostic and therapeutic purposes. In Korea, the radiologic technologist is a "fusion technologist" who is a person other than a licensed practitioner as a radiographer, radiation therapist, nuclear medicine technologist, computed tomography technologist, magnetic resonance technologist, mammographer, sonographer, medical dosimetrist, quality management technologist, etc. This Act will have some provisions related to the definitions, reserved title, scope of practice, specialized technologist, application for licensure, radiologic technology council, renewal, continuing education, the radiation control advisory commission, etc. This Act will ensure that quality radiation therapy treatments are delivered and that quality diagnostic information is presented for interpretation, which will lead to accurate diagnosis, treatment and cure. Accurate diagnosis can be provided only when a personnel is properly educated in technique, equipment operation and radiation safety. In the end, this Act will protect the civil right to health. By regulating the personnel responsible for performing those procedures, this Act will mean improved care for patients-higher quality images, improved accuracy, and less exposure to radiation.

• Journal of Software Assessment and Valuation
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• v.16 no.1
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• pp.1-11
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• 2020

The March 29, 2016, amendment to the Civil Procedure Act introduced changes to the appraisal procedures, including new obligations for appraisers, changes in the modes of appraiser testimony, and questioning of appraisers through video conferencing, with all seemingly aimed at procedurally addressing the issues with appraisal in the context of court proceedings. The changes introduced by the amendment also affect the appraisal procedures for copyrights. In light of the above, this article examines how the amendment to the Civil Procedure Act affects the appraisal procedures for copyrights. Specific issues covered by this paper include: appointment of additional appraisers, prohibition of delegated appraisal, operation of the multiple appraisal system, disclosure of participating experts, proximity of the appraiser system, and congruence of areas of expertise.

• Advances in concrete construction
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• v.11 no.4
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• pp.307-314
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• 2021

Activated hwangtoh (ACT) is a natural resource abundant in South Korea, approximately 15.0% of soil. It is an efficient mineral admixture that has activated pozzolanic properties through high-temperature heating and rapid cooling. The purpose of this study is to improve a curb mixture that can reduce NOx outside and investigate durability performance. To this end, mortar curb specimens were manufactured by replacing OPC with ACT. The ACT substitution ratios of 0.0, 10.0, and 25.0% were considered, and mechanical and durability tests on the curb specimens were conducted at 28 and 91 days of age. Steam curing was carried out for three days for the production of curbs, which was very effective to strength development at early ages. The reduction in strength at early ages could be compensated through this process, and no significant performance degradation was evaluated in the tests on chloride attack, carbonation, and freezing and thawing. The mortar curb with an ACT of 10.0~25.0% replacement ratio exhibited clear NOx reduction through photocatalytic (TiO2) treatment. This is due to the increase in physical absorption through surface absorption and the photocatalyst-containing TiO2 coating. In this study, the reasonable range of the ACT replacement ratio for NOx reduction was quantitatively evaluated through a comprehensive analysis of each test.