• 의료법학
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• 제14권1호
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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.

• 동남아시아연구
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• 제23권1호
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• pp.45-87
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• 2013

This paper aims to study Thai democratic deepening and the constitutional engineering with the analytical concepts of 'power sharing' and 'accountability' focusing on the 1997 and 2007 Constitution. With regard to power sharing, the 1997 Constitution had the characteristics of majoritarian principle including a two-party system, strengthening of prime minister and the executive's power etc. It enhanced significantly the aspects of accountability compared with the previous constitutions. The institutions such as Constitutional Court, Commission on Election, Administration Court, Commission on Human Right, Ombudsman, Commission on Anti-corruption, and the Measure for Anti-money Laundering were established by the 1997 Constitution. However, such empowered accountability system were often abused by the political power groups in the political process. The 2007 Constitution has the characteristics of consensual principle including a multiparty system, proportional representation system, weakened prime minister's power, balancing of cabinet and parliament's power, pushing ahead with decentralization. However, the consensual principle of the 2007 Constitution came, in part, from the factional interests. It is similar to the 1997 Constitution in terms of accountability system, which enhanced in law but abused often in practice. One of the critical reasons for the failure of the 1997 and 2007 constitutions to consolidate democratic system was the political game played around the so-called network for the monarchy composed by the military, the civilian bureaucracy, Constitutional Court and the privileged classes. The future of the Thai democratic deepening depends on the constitutional engineering in which the factional interests should be excluded, and the rules of power sharing and accountability which traditionally played around the network for the monarchy should be effectively institutionalized.

• 대한치과의사협회지
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• 제55권1호
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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.

• 한국전자파학회논문지
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• 제26권8호
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• pp.690-698
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• 2015

본 논문에서는 전파를 이용하는 기기의 확산에 따른 전자파 인체영향 정책 방향에 대하여 제안한다. 특히 해외 주요국에서 시행하고 있는 사전주의 원칙에 대한 개념과 이를 근거로 취약계층의 보호를 위하여 국제기준보다 강화된 인체보호기준을 적용하는 사례를 분석하였다. 또한, 최근 경기도의회에서 제정한 전자파 안심지대 조례에 대하여 헌법상 법률우위의 원칙, 법률 유보의 원칙 등에 위배되는 사실에 대하여 분석하였으며, 향후 국내에서 전자파 취약계층을 위한 법제도 정비 및 관련 정책 추진은 전파법에 근거하여 추진할 것을 제안한다.

• 동남아시아연구
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• 제23권1호
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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.

• 한국중재학회지:중재연구
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• 제20권3호
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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.

• 사상체질의학회지
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• 제10권1호
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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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• 제6권3호
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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.

• 한국콘텐츠학회논문지
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• 제8권4호
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• pp.164-172
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• 2008

다른 여타의 나라와 마찬가지로 한국의 방송법과 방송규제 시스템의 중심은 TV 방송이라 할 수 있다. 이는 TV방송이 다른 매체보다 민주주의 정치 구현을 위해 필수 불가결한 수단인 여론 형성에 봉사하는 중차대한 기능을 수행하기 때문이라 할 수 있다. 이에 헌법상에서 논의되는 방송의 자유에 대한 고찰을 시도함과 동시에 국가의 방송규제의 법리에 대한 세부적 논의를 전개 하였다. 이 글의 목적은 헌법질서 하에서의 방송의 자유와 방송규제에 대한 의미를, 표현의 자유의 관점에서 살펴보고자 하였다. 이를 위해 미국과 독일에서의 방송의 자유와 그 규제 법리에 대한 검토를 하였다.

• 동남아시아연구
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• 제27권1호
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• pp.53-94
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• 2017

타이 정치체제가 관료적 정체(bureaucratic polity) 혹은 반민주주의(semi-democracy)로 회귀하였다고 얘기된다. 그러나 이와 같은 시각은 국왕의 자문기구인 추밀원(Privy Council)의 정치적 개입을 제대로 드러내지 못한다. 이러한 맥락에서 이 논문은 근대적 절대군주제라는 분석적 개념을 통해 타이식 입헌군주제의 독특한 특징을 밝히고 있다. 요컨대 '네트워크 정치'(network politics)에 기반하는 타이식 입헌군주제(Thai way of constitutional monarchy)는 "국왕은 군림하되 통치하지 않는다"라는 규범에 토대한 전형적인 입헌군주제와 배치된다. 이는 타이 국왕이 실제로는 정치 위에 있는 것이 아니라 정치 안에 있음을, 또 정치적 갈등을 해결하고 군주제를 보위하기 위해 다양한 방식으로 정치에 개입하였음을 의미한다. 이 과정에서 국왕은 불교의 교리를 실천하는 반인반신이자 국가통합의 중심으로 추앙되었다. 심지어 왕실이 관여된 1976년 10월 6일 유혈참사 이후에도 국왕의 신성한 지위는 도전을 받지 않았고 국왕모독죄는 더욱 가혹한 처벌을 받게 되었다. 그 이후 국왕모독죄는 군부 쿠태타의 주된 명분이 되었다. 특히 군주 네트워크와 근대화 과정에서 성장한 탁신 네트워크에 기반한 부르주아 정체 간의 대격돌로부터 야기된 2006년 쿠테타와 이후 친탁신계 정부를 전복한 2014년 쿠테타를 계기로 국왕모독죄 사례가 급증하였다. 관료적 정체, 반민주주의, 민주주의를 포괄하는 타이에서의 근대적 절대군주제는 군부, 지식인, 민주당, 심지어 일부 시민사회조직들로부터 지지를 받는 국왕모독죄에 의해 지지되고 있다.