• Journal of the Korean Society for Library and Information Science
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• v.19
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• pp.23-61
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• 1990

Libraries and information centers are no different from any other institutions in our society. Today, their managers have to make many more decisions which have certain legal implications than before. The ignorance of the law on their parts can not be an acceptable excuse anymore, since. the consequences sometimes maybe quite serious. This paper outlines some important legal issues involved in the services and management of libraries and information centers. They are: constitutional rights on human knowledge activities: library act and it's related laws; censorship and right to know; information access and the protection of privacy: library services and copyright law; labor relations; protections of the people and properties of the institutions, etc. The laws are not static: rather, they change with the social, political and technological environments. The managers, as well as the staff members of libraries and information centers should be constantly updated with the changes in the field, in order to give the maximum service to the clients and to prevent any infringement of the laws, which may discredit their services and the institutions.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.55-76
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• 2013

This study aims to analyze the main features of Mongolian arbitration system compared with Korean Arbitration Law which was revised under the UNCITRAL Arbitration Model Law. On the basis of this comparative study, certain differences are suggested: First, the environment of Mongolian arbitration is still insufficient in terms of its operation and usage at the international level. Second, the Mongol National Arbitration Court has established Ad-hoc Arbitration Rules and has promoted Ad-hoc Arbitration although it is an institutional arbitration organization. Third, the arbitration objects are defined as the types of tangible and intangible assets in Mongolia which are different from those of the Korean Arbitration Law. Accordingly, court and officer disputes, family disputes, labor-management relations, and criminal matters are covered by the arbitration objects. Fourth, Mongol Arbitration Law specifies the following persons disqualified for arbitrator appointment: the member of the Constitutional Court, judge, procurator, inquiry officer, investigator, court decision enforcement officer, attorney, or notary who has previously rendered legal service to any party of the disputes, and any officials who are prohibited by laws to be engaged in positions above the scope of their duties. Fifth, the arbitrator selection and appointment criteria should be documented, and the arbitrator should have the ability to resolve the disputes independently and fairly and achieve concord from both parties. Sixth, if there is no agreement between the parties, the arbitration language should be Mongolian, and the arbitral tribunal has no power to decide on it. Seventh, despite the agreement for a documentary hearing between the parties, there should be provided opportunities for an oral hearing if either of the parties requires it. Eighth, if the parties do not understand the language of the arbitration, the parties can directly ask the translation service. They should also keep secrets in the process of arbitration. Ninth, the cancellation of arbitral award is allowed by the application of the parties, not by the authority of the court. Except for the nine differences above, the Mongolian arbitration system is similar to that of the Korean Arbitration Law. This paper serves to contribute to the furtherance in trade relationship between Mongolia and Korea after the rapid and efficient resolution of disputes.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.99-137
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• 2018

Under the Korean law, there are two routes of involuntary civil commitment of the mentally-ill: involuntary commitment process under the Mental Health Act (MHA) and the guardian's commitment backed up by family court approval under article 947-2 (2) of the Civil Code. Despite of the recent fundamental revision of MHA in 2016, the Korean involuntary commitment law has still serious flaws, especially the lack of due process like prior notice, hearing, and independent guardian ad litem for the mentally-ill, which has been pointed out also by the Korean Constitutional Court. Thus, a re-revision is inevitable, and this time, we should proceed to rebuild the underlying structure of involuntary commitment. In this regard, it is crucial to eliminate the old-fashioned and unjustifiable burden as well as power of the so-called responsible person to protect the mentally-ill and to readjust the causes and standings to petition of the various types of involuntary commitment process. Also it is necessary to repeal involuntary commitment by guardian under the Civil Code, article 947-2 (2), which can no longer harmonize with modern involuntary commitment system.

• Korean Journal of Culture and Social Issue
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• v.11 no.spc
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• pp.117-131
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• 2005

The present research integrated various theoretical perspectives of human unlawful behaviors in order to clarify the psychological mechanisms that underly the changes in compliance with and attitude toward law as time goes. Most well-known theories such as classical theory of crime, biosocial and evoluationary theories, and psychological perspectives including psycho-dynamic theory, personality, intellectual/moral development theories, and decision-making were discussed in their unique points in explaining human unlawful behaviors. Finally, social-learning theory and cognitive-dissonance theory has been suggested to explain the psychological mechanism of the phenomena in which people's attitude toward law and compliance with law become weaken through violation experiences of trivial lawful regulations. Especially, the logic of cognitive-dissonance theory (that people committed violation of trivial laws should experience dissonance with their original belief of compliance with law and negative arousal and try to remove the arousal by change their belief along with their behavior) were theoretically convincing to explain the phenomenon and supported by a series of experimental studies. Several practical implications for future constitutional and political activities were discussed in the basis of the cognitive dissonance theory.

• Journal of the Korea Society of Computer and Information
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• v.18 no.12
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• pp.167-177
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• 2013

Recently, desires for diversification of medical treatment throughout our society have been enhanced. It is thought that such a trend may be directly related to the introduction of 'alternative medicine'. This study is to establish the foundation of legalization of alternative medicine, starting with the movement for legalization of alternative medicine from constitutionality decision of medical law by the legal Information Constitutional Court. It also suggested the direction of discussion with issue of how to introduce alternative medicine beyond the stage of basic discussion, 'why' we must introduce alternative medicine, through profound investigation of preceding studies. In addition, the present study analyzed legal controversies from the appearance of alternative medicine based on the decisions of the Constitutional Court and the precedents of the Supreme Court and drew the prerequisites for the institutionalization of alternative medical treatments. It also reestablished terms of alternative medicine which have been indiscreetly used, presented methods for officialization of alternative medicine and compared and analyzed advantages and disadvantages of the methods.

• Korean Journal of Legislative Studies
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• v.15 no.2
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• pp.5-34
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• 2009

Why the Korea National Assembly shows often limping in its operations despite the introduction of various democratic legislative rules? Regarding the question, this article pays attention to the institutionalization of legislative rules and political saliency of bills, and analyzes the Constitutional Court's law reports. According to the analysis, the National Assembly goes on smoothly when dealing with the bills with low political saliency, but shows anomaly in its operation when dealing with the bills with high political saliency. This indicates that the institutionalization of the legislative rules is relatively low. The low level of the institutionalization is derived fundamentally from a distinguishing characteristic of the power structure in which political power is too much concentrated on the president. Within the power structure, the ruling party has to play the role of protecting and advocating the president, whereas the opposition parties become actors criticizing and checking the president. Consequently, the parliamentary decision-making processes have been dominated by the political strifes between the ruling and opposition parties, often producing limping operations of the National Assembly and delayed institutionalization of the legislative rules.

• Proceedings of the Korea Contents Association Conference
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• 2006.11a
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• pp.443-446
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• 2006

RFID is the core of realizing ubiquitous environment. This is expected to improve economical effect through related industry revitalization, make-work, and so on, in the future, and to be linked to social see-through enhancement via national life change. However unchecked RFID use lets retailers collect unprecedented huge information and they link it to customer information database, so the voice of worry to bring about a result of trampling down consumer privacy doesn't make a negligible situation. Although RFID system is spreaded out socially, the servicing of law and system is not accomplished to protect individuals from personal information violation threat. At the same time, in ubiquitous computing environment, to protect individual information efficiently, from the step of planning and deciding this technology system, constitutional law, norm, the basic legal rights of the people, and so forth is to be considered. The objective of the research is to persent the privacy protection from the viewpoints of law on RFID.

• Journal of Information Technology Services
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• v.12 no.1
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• pp.131-141
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• 2013

Matters related to the right to be forgotten started the dispute Europe to introduce it first when Data Protection Directive established in 1995 proceeded revision. Relating to this, diverse disputes proceed on responding to personal information protection and internet laws in our nation. Especially as our National Assembly submitted the law regarding the promotion of information and communication network use and protection of information and amendment of copyright, it is necessary to look into the movement on introduction of law of right to be forgotten closely in detail. EU which attempted the institutionalization for the first time, relating to review of General Data Protection Regulation, proposed opinions such as the necessity to define subjects of personal information concretely and specifically and or protection target and balanced consideration on freedom of expression which is constitutional value. In the case of our nation, there was legislation attempt to introduce the regulation but it was limited in the form of fallen effectiveness without concrete and detailed review on internet law. To solve such problems, it is necessary to look into issues and matters to be considered required to accept right to be forgotten closely and discuss possibility of introducing right to be forgotten, conflicts between fundamental rights becoming issue, effect of goal achievement of personal information protection through the system introduction, and other rational acceptance method.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.163-187
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• 2011

On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

• Journal of the Korean Society for Library and Information Science
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• v.38 no.2
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• pp.75-94
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• 2004

The purpose of this paper is to analyze the administrative system and legislation of Canada's libraries with priority given to public library. Canada is a constitutional monarchy, a federal state and parliamentary democracy with 10 provinces and 3 territories and two systems of law(civil law and common law). There are about 1,045 public libraries in total and its governance and legislation is a provincial responsibility. For that reason. federal government did not legislate on public libraries and library act is the provincial public library statute authorizing the establishment and operation of public libraries and their management by boards. In Canada. each provincial library act provides for four types of public libraries : municipal libraries, regional libraries, districts libraries, and integrated public library systems.