• Journal of Arbitration Studies
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• v.23 no.3
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• pp.169-183
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• 2013

Egypt has gone through a major metamorphosis following the Egyptian Revolution that began on 25 January 2011. The aim of this article is to analyze the influence of the aforementioned metamorphoses on the Egyptian Arbitration Law and Practice and to shed light on the recent developments of the latter. Whilst positive legislative amendments have been recently achieved with regards to enforcement of arbitral awards, it is crystal clear that the January 2011 Revolution has negatively impacted the jurisprudence of the Administrative Court of the Conseil d'Etat which has annulled several arbitration clauses enshrined in contracts related to privatization. However, save for disputes arising from administrative contracts, Egypt has been and shall remain a friendly seat of Arbitration as it possesses an arbitration-friendly legislation, its Ordinary Judicial Courts are familiarized with international arbitration practice and it has a prominent and famous arbitration Centre.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.275-302
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• 2013

The Unites States has been plagued with soaring health care costs and an alarmingly large number of uninsured population. The Patient Protection and Affordable Care Act of 2010 ushered in the most sweeping health care reform in the United States since the introduction of Medicare and Medicaid in 1965 to address these issues. The law's requirement for individuals to purchase health insurance (the so-called "individual mandate"), however, not only caused a political stir but also prompted constitutional challenges. Some questioned whether the federal government, lacking general police power, could require its citizens to buy unwanted insurance based on its enumerated powers under the U.S. Constitution. This paper summarizes the decision of the U.S. Supreme Court on the constitutionality of individual mandate, and explores how the decision relates to Korea's own universal health care.

• The Journal of the Korean dental association
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• v.55 no.1
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• pp.53-62
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• 2017

As the citizens' life and body are the object of medical practice, it should ultimately protect the citizens' right of health. For this reason, medical practice possesses characteristics of non-profit and public and such special characteristics caused heavy regulations in the medical industry as exemplified by medical advertisements. For advancement of market economy, the government has been moving toward relaxing regulations in the medical industry and this trend can be shown in medical advertisements. Moreover, as a type of commercial advertisements, medical practitioners should be able to express their freedom of expression and freedom to occupation. From the perspective of patients who are medical consumers, they need access to information to locate appropriate medical practitioners and institutions for their symptoms. Therefore, medical advertisements can help realize the patients' right to know. This study will first analyze the general theories behind the necessity of medical advertisements and details of regulations, then analyze the issues from the cases of the supreme court and the constitutional court that are related to dental medical advertisements.

• The Journal of Korean Institute of Electromagnetic Engineering and Science
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• v.26 no.8
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• pp.690-698
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• 2015

In this paper, we propose a policy orientation for human effects on EMF according to the increasing number of devices which use electromagnetic waves. In particular, we conducted the analysis of the concept of the precautionary principle in advanced foreign countries and case studies which are being applied to the criteria more strict than international standards of protection for vulnerable groups. Futhermore, we analyzed the regulations of the EMF safety zone on KynungGi-Do Regional Council which is not valid in terms of constitutional principles such as superior constitutional and rerservations law principles. In conclusion, we propose to amend or modify any law for vulnerable groups and to implement the EMF-related policy on based Radio Wave Act.

• The Southeast Asian review
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• v.23 no.1
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• pp.1-44
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• 2013

This study examined the constitutional engineering of the Philippine democracy in terms of power sharing and accountability, and the effectiveness and stability of the Philippine democracy as a result were assessed. Based on the analysis, the nature of the present Philippine democratic system since 1986 was brought to light. This study argues that the system of power sharing between the President and the congress in the Philippines tends to serve for negotiating political interests among the power elites rather than functioning in a constructive way. And the public accountability system is not functioning as it was designed to do. Due to the defects the Philippine democracy continuously suffers the lack of political effectiveness and stability. Despite of the problem, the reason not to break down the system would be the fact that the system served for the oligarchic power elites to circulate and recreate the political power exclusively. The direction of the Philippine constitutional engineering should be weakening the present traditional elite dominated political system, and strengthening the chances of political participation from the various classes. Some concerned people suggested the constitutional change to parliamentary system in order to strengthening party politics, and federal system to cope with the problems of regional conflicts, but such efforts failed repeatedly due to the conflict of political interests. Considering the present circumstance, it would be advisable to reform political party law and election system in the direction of strengthening political party system, and to expand the scope of local government system in the direction of devolving the centralized political power.

• Journal of Arbitration Studies
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• v.20 no.3
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• pp.25-46
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• 2010

In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.

• Journal of Sasang Constitutional Medicine
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• v.10 no.1
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• pp.25-40
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• 1998

Sasang Constitutional Medicine is the constition medicine and the basis which constitution reveals is the distinction of the nature and emotion. Therefore the theory of the nature and emotion is the foundation which Sasang Constitution Medicine is coming into being. The author studied the progress that the distinction of the nature and emotion was formed and analized the phenomenon presented by the distinction of it as the principle of the movement of Yin and Yang. The results are following; 1. The beginning of the operation of the nature begins from some one part(cho ; 焦) among four part. That consists of the first factor of constitution-revelation. In accordance with the distinction of the nature, the second factor, that is the distinction of the emotion is determined and the united distinction of the nature and emotion presents the Sasang constitution. 2. The operation of the nature and emotion is the movement of Qi by the property of Yin and Yang and that is the phenomenon presented by the logical and scientifical law. 3. The ontology of Lee Je-ma is Qi-monism. 4. Four emotion(Sorrow, Anger, Joy, Presure) are not partional concept of the emotion but total concept which include all of it.

• Integrative Medicine Research
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• v.6 no.3
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• pp.254-259
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• 2017

Background: Those classified as Tae-Eum (TE)-type people in Sasang constitutional medicine (SCM) are prone to obesity. Although extensive clinical observations have confirmed this tendency, the underlying physiological mechanisms are unknown. Here, we propose a novel hypothesis using integrative physiology to explain this phenomenon. Methods: Hypoactive lung function in the TE type indicates that respiration is attenuated at the cellular level - specifically, mitochondrial oxygen consumption. Because a functional reduction in cellular energy metabolism is suggestive of intrinsic hypoactivity in the consumption (or production) of metabolic energy, we reasoned that this tendency can readily cause weight gain via an increase in anabolism. Thus, this relationship can be derived from the graph of cellular metabolic power plotted against body weight. We analyzed the clinical data of 548 individuals to test this hypothesis. Results: The statistical analysis revealed that the cellular metabolic rate was lower in TEtype individuals and that their percentage of obesity (body mass index >25) was significantly higher compared to other constitutional groups. Conclusion: Lower cellular metabolic power can be an explanation for the obesity trend in TE type people.

• The Journal of the Korea Contents Association
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• v.8 no.4
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• pp.164-172
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• 2008

For a long time, the basis of Korea Broadcasting law and regulation system has been center around television, This is not much different from other countries. This study is based on research of Korea Broadcasting law and regulation system. It precludes all doubts that freedom of broadcasting is one of those fundamental human rights that constitute the comer stones of democracy, just as is the case with the press. The objective of this study is to explore the practical meaning and the structure of regulations on the freedom of broadcasting under the Constitutional of the Republic of Korea, From the viewpoint of freedom of expression. For these purposes, this study inqures into the meaning and legal characters of freedom of Korean Constitutional Law, and the structure restricting freedom of broadcasting on the ground of functions and role of broadcasting in our contemporary society, comparing with those of the Unites states of America and the Federal Republic of Germany.

• The Southeast Asian review
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• v.27 no.1
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• pp.53-94
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• 2017

Thai political regime is said to have returned to bureaucratic polity or semi-democracy. However this kind of perspective do not find the political interference of Privy Council which is a body of Monarch of Thailand. Therefore this paper tries to discover the unique traits of Thai way of constitutional monarchy which can be defined as the modern form of absolute monarchy. In short Thai way of constitutional monarchy based on network politics is contradictary to the normal constitutional monarchy whose norm is "the king reigns, but does not rule." This means Thai king is in politics not above politics in reality. Thai monarchy has interfered in diversive way in terms of mediating political conflicts and protecting the monarchy as a institution. In this process the king has been worshiped as demigod who practises the Buddhist doctrine and the centre of national integration. Even after the 6 Ocober 1976 massacre which the palace involved King Bhumibol Adulyadej's sacred position was not challenged. Rather $l{\grave{e}}se-majest{\acute{e}}$ law became more draconian for status quo. Since then $l{\grave{e}}se-majest{\acute{e}}$ was cited as one of the major rationale for the military coup. The 2006 coup which was triggered by the clash between network Monarchy and bourgeois polity based on Thakin network marked a surge of the $l{\grave{e}}se-majest{\acute{e}}$ cases. The 2014 coup had consecutively increased the number of $l{\grave{e}}se-majest{\acute{e}}$ prisoners. It can be said that the modern form of absolute monarchy in Thailand including bureaucratic polity, semi-democracy and democracy is bounded by $l{\grave{e}}se-majest{\acute{e}}$ law which network monarchy players such as military, intellectuals, Democrat Party and even some civil society groups support.