• International Journal of Computer Science & Network Security
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• v.21 no.9
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• pp.113-117
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• 2021

The article defines the basic concepts: "election campaign", "social capital", "conversion of social capital"; the principles and methods of research of social capital conversion in election campaigns are studied; the process of using social capital in politics is defined; ways of converting social capital into politics are considered; the possibilities of converting social capital in election campaigns are described. Election campaigns have been found to be a successful form of social capital conversion. The ability to use social capital in the election campaign speaks of its high potential. Election campaigns are not an effective use of social capital.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.3-43
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• 2016

The North Korean medical laws are consisted of 'People's Health Act' and 'Medical Act' in the peak of the North Korean constitutional law. Before the legislation of 'People's Health Act', a number of medical laws and regulations existed. But, at present, there is no information about its amendment and effectiveness. 'People's Health Act' legislated in 1980 declared fundamental principles and policies of the North Korean health care system. 'Medical Act' legislated in 1997 is the basic law among the North Korean medical laws. It presented the goals and fundamental principles of the North Korean health care, and then regulated the basics about 'Tests and Diagnosis', 'Medical Treatment', and 'Medical Appraisal'. 'Medical Act' of North Korea was established later than South Korea, and its provisions is smaller in number. And there are lots of abstract and declaratory provisions compare with South Korean 'Medical Act'. Especially there is no provision about the kind and requirements of medical personnel and medical institutions, so it is hard to grasp the North Korean health care system at once. Regarding the medical treatment, there are many similar contents between the North and South Korean 'Medical Act'. But, the provisions, such as regarding mixing the new medicine and the korean traditional medicine, encouraging natural therapies in medical treatment, and informing the patient's protector of bad diagnostic result if there is concern to have a bad influence on patient, are different from the South Korean 'Medical Act'.

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

Telemedicine can be defined as "medical activities performed remotely by medical personnel using information and communication technology." So far, many scholars in Korea have understood that only telemedicine between medical personnel is allowed and telemedicine between medical personnel and patients is prohibited based on Article 34 of Medical Service Act. However, Article 34 is only a restriction on the performing place of medical profession, not a prohibition on telemedicine itself. And, there are no regulations prohibiting telemedicine under the korean medical law. So, it is difficult to say that telemedicine is generally prohibited under the korean medical law, apart from the health insurance medical treatment benefit standards. However, there is controversy in interpretation regarding the meaning of "direct diagnosis" in Articles 17 and 17-2 of Medical Service Act. The Constitutional Court of Korea interpreted this as "face-to-face diagnosis", while the Supreme Court of Korea interpreted it as "self diagnosis". In light of the dictionary meaning of 'direct' and the interpretation of related medical law regulations, I think the Supreme Court's interpretation is valid. Although "direct diagnosis" does not mean "face-to-face diagnosis", the concept of "diagnosis" implies "principle of face-to-face diagnosis". In addition, "non-face-to-face diagnosis" are only allowed to supplement "face-to-face diagnosis", so the problems caused by "non-face-to-face diagnosis" can be fully overcome. In the end, the limit of telemedicine is how faithful the diagnosis was.

• Journal of Korean Society of Archives and Records Management
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• v.19 no.3
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• pp.97-121
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• 2019

This study aims to provide alternative strategies by analyzing the current records management system of the National Assembly. The study also defines the concept of parliamentary activity records based on the analysis of the parliamentary organization and its work, and checks the status of such system through the National Assembly Archives and the Constitutional Memorial Hall. In addition, the study derives institutional problems of the National Assembly records management structure by examining the current law. Therefore, the study proposes the Act on the Management of National Assembly Records, referred to as the Special Act on the Records Management Act, as an improvement measure. Furthermore, the Act aims to establish an intermediate records management system in the National Assembly and transfer the collection function of the constitutional memorial to the National Assembly Archives for the integrated management of parliamentary activities records.

• Korea Trade Review
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• v.46 no.3
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• pp.185-201
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• 2021

This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.3-23
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• 2021

Telemedicine is a field of medicine in which medicine doctors who are in remote distance can treat the patients using audio, video devices which can help the diagnosis. In medicine, even the face-to-face diagnosis and treatment is the traditional way, the telemedicine could provide the convenient way for the patients in long distance, disabled or anyone who want to be stay ones' home. But telemedicine has the task to maintain the quality of medical cares compare with the traditional medicine. Among the several types of telemedicine, the specific type telemedicine in which the medicine doctors examine, diagnosis and do the prescription to the remotely distanced patients could be defined tele-prescription. Under The Medical Service act, it is unclear that teleprescription could be allowed. The Medical Service Act has introduced the specific clause for the prescription. That clause includes the duty of patients who have to receive the prescriptions directly from medical doctors. Under this clause, the constitutional court had decided the tele-prescription was illegal, but the supreme court has been decided tele-prescription could be legalized under the certain circumstances. But the other supreme court decided the tele-prescription was illegal under the article 34 of presenting Medical Service Act. So to understand the interpretations of Supreme court and Constitutional court decisions for the cases of prescription via telephone, we need to understand the history and presented reasons for the revision of prescription clause and also need to understand the other related clauses in the same act. In conclusion, To consider the values of telemedicine should be the level with the ordinary treatments, It is reasonable to interpret that the presenting Medical Service Act only legalize the telemedicine between doctor to doctor and which is regulated by the telemedicine clause.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.187-220
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• 2020

Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

• Journal of Korean Physical Therapy Science
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• v.22 no.1
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• pp.19-27
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• 2015

Purpose : The purpose of this study is to check the current status of accessability to rehabilitation therapy in local areas and to review how to improve the accessability. In fact, first, it is very hard for patients to find out a local medical center with rehabilitation therapy capability. Moreover they needs to wait long time to get a treatment they need, because of lack of nearby rehabilitation centers. The best way to enhance the accessability to the rehabilitation therapy service is to allow therapists to set up rehabilitation centers in local areas on their own, physically independent from medical doctors. Basically, the current law does not prohibit therapists' own sole practice. However, it needs to be amended by inserting an explicit legal basis on the setting-up process. If it is legally permissible for the therapists to set up rehabilitation centers to perform a rehabilitation treatment with referrals from of medical doctors (though physically independent from the doctors), it would result in the increase of profits for the doctors and at the same time raise therapists' freedom of occupation, a constitutional right. Furthermore, with their own places to practice, therapists will have to compete with other therapists, that would raise the quality of their treatments, which will in turn benefit patients ultimately. A proposed bill of amendments to the Act on Medical Technicians and etc. is pending for review at the National Assembly. I look forward to vigorous discussion on the bill based on this article, and resulting in revision of the law for the benefits of patients.

• Proceedings of the Korea Contents Association Conference
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• 2009.05a
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• pp.559-566
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• 2009

The Capital punishment is a sentence which imposes the defendant to be put to death for his crime, thus depriving him/her of life and it's the heaviest punishment of all. It is a very sensitive issue in the sense that it denies a person's life and dignity. It is also an on-going issue which continues to cause political and ethical controversies. Although there is no direct stipulation acknowledging capital punishment in the constitution, there is controversy on the existence of indirect basis. The Art. 12. I. can not be regarded as an indirect provision if it is interpreted to have criminal punishments stipulated by written law. As the supreme Court and the Constitution Court are supporting the capital punishment which seems unconstitutional, legislative examination is inevitable. Considering the fact that the Constitution is neither for nor against the death penalty positively, it is possible to abolish it by enactment of a law and thus, constitutional amendment would not be needed.