• Journal of Auto-vehicle Safety Association
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• v.15 no.3
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• pp.7-16
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• 2023

In 2019, a child died by a school zone traffic accident in Asan, Chungcheongnam-do, the Republic of Korea. Just after the accident, under the name of the "Minsik Law", the Road Traffic Act and the Specific Crime Aggravated Punishment Act were partially revised and went into effect in Korea on March 25, 2020. The new Korean law providing for harsh penalties is designed to reduce automobile accidents in school zones. However, the penalties under the new law seems to be unconstitutionally and unduly harsh. Under the new law, a negligent driver who kills a child at a school zone could be sentenced to indefinite imprisonment, or imprisonment for 3 years or more. The criminal responsibility of a negligent driver at a school zone is the same as serious intentional felonies such as rape, robbery, abandonment resulting in death. Also, even in the case of a school zone accident, if an accident driver complies with the speed limit and other traffic laws and it is impossible to avoid the accident, the driver should not be punished. So, in order to meet the principle of proportionality, the new Korean law should be revised again. In order to find out the appropriate level and punishment method for drivers who cause accidents in school zones, this thesis will compare and analyze the laws of Korea with those of the United States, Germany, and Japan. This paper also reviews the decision of the Constitutional Court of the Republic of Korea in February 2023 that the "Minsik Law" was constitutional. Based on these analyses, this thesis seeks the direction and amendments to properly revise Korean law. In addition, this thesis is intended to present exemplary measures to improve the school zone safety.

• Journal of Sasang Constitutional Medicine
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• v.15 no.3
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• pp.62-73
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• 2003

Lee, Jema recognized human being as human figure and human nature according to 'if threre is a thing, there are a law to explain the thing'. And he thought Sa-Sang is the most basic and proper concept to explain things and changes. This paper is to find his medical view why human beings are classified into four types. 1. A medical clue to classify human being is different viscera function. 2. The size of viscera means the strength and weakness of metabolic function of viscera. 3. The essence of different viscera function is related to metabolism of water and food, air and fluid. Lungs and Liver do metabolic function through exhale and inhale of air and fluid. Spleen and Kidneys do metabolic function through intake an d output water and food. 4. It is most important to consider and to treat the condition of small size viscera.

• Strategy21
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• s.44
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• pp.54-78
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• 2018

The core of the current constitutional amendment pursued by the Abe administration depends on the status of the Japanese Self-Defense Forces, which include the right to engage in war, in the legal and regular military positions. This is an important turning point for the Abe administration, which aims to become a normal country for Japan, and it is a series of steps that followed in the revision of the U.S. and Japan guidelines in 2015 and the overhaul of the security law in 2016. In this paper, we propose building "A navy Attractive to Alliances" as a way to secure Korea's maritime security under the current security environment. The term "attraction" refers to the alliance "first priority" especially in the United States. The way to do this is to transform the paradigm of the ROK-U.S. alliance into a naval hub in the vast seas, which will allow us to strengthen our national defense and even deter threats from neighboring countries. To this end, our navy needs to have a more active approach to U.S. East Asian strategy. If we can convince the United States to be a nation that contributes more to its East Asian strategy, it will only lead to a strengthening of the status of its alliance and expansion of its unilateral support and military capability against Japan, thus minimizing Japan's influence.

• Journal of Sasang Constitutional Medicine
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• v.24 no.1
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• pp.21-31
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• 2012

1. Objectives : In this study we derived constitutional characteristics both by using questionnaire on character and symptom and by collecting objective measurement data through face, body shape. Furthermore, by developing a program, we intend to help one's diagnosis of Sasang constitution. 2. Methods : Through November 2007 to July 2009, we obtained questionnaire, face, and body shape data of 958 constitution confirmed subjects within the age range of 10-80 from 19 oriental medical facilities in the country. According to sex, we divided the subjects into two groups as real constitution and non-constitution group respectively. We analyzed the questionnaire through chi-square test (p<.01) and facial and body shape data through unpaired T-test (p<.01). By using weight law for questionnaire and euclidean distance for body shape and face data, we expressed constitution possibility to develop a supplementary program. 3. Results : The concordance rates of constitutional diagnosis by using the program for Taeeumin, Soeumin, Soyangin are, 76.7%, 61.5%, 67.4% resulting in 69.6% in male and 64.1%, 64.7%, 65.1%, resulting in 64.7% In female respectively. New cases tested on the program showed concordance rate of 65% in male and 62% in female with real constitution. 4. Conclusion : The constitutional diagnostic program based on the face, body shape and questionnaire, may have significant meaning as a supplementary tool in the constitutional diagnosis for clinical expert.

• Journal of Legislation Research
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• no.54
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• pp.7-37
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• 2018

This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.69-105
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• 2020

In the health care system, medical fee payment is a very important and basic factor. The National Health Insurance Act adopted a contract system, and the content of the contract is to be determined the unit price per relative value scale. Accordingly, in the National Health Insurance system, the costs of health care benefits are adjusted each year according to inflation or changes in economic conditions. On the other hand, in the Medical Care Assistance system, the Medical Care Assistance Act does not prescribe the method of determining the medical payment, and all matters are delegated to the Minister of Health and Welfare. Accordingly, the Minister has adopted a fixed-payment system for hemodialysis treatment since 2001. A constitutional petition was filed in 2017 against this fixed-payment system, and the Constitutional Court rejected the petition in 2020. In this study, we examine the meaning and content of the medical fee payment system, focusing on the above constitutional petition case, and present three principles as constitutional limits on the system. The first of its principles is the principle of legality, the second is the principle of prohibition of comprehensive delegation, and the third is the principle of proportionality. From that point of view, There are many unconstitutional elements in the fixed-payment system on hemodialysis.

• Convergence Security Journal
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• v.17 no.4
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• pp.39-47
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• 2017

In the Republic of Korea, punishment of conscientious objectors is rising as a social issue once again. Large number of news articles on the punishment of conscientious objectors are updated on portal sites several times a day. The background for this phenomena is based on the disagreement between the Supreme Court and the Constitutional Court. The Constitutional Court has ruled that it is constitutional for the government to punish conscientious objectors who denied their service for religious belief according to the Clause 1 of the Article 88 of the Military Service Law. However, district courts have taken different stance in the lower instance. 6 rulings in 2015, 7 rulings in 2016, and 16 rulings in the first half of 2017 has declared the conscientious objectors as not guilty. At the same time, the issue is becoming more controversial as the Jeju District Court has made two different rulings on the punishment of conscientious objectors who denied their military service for religious belief. Therefore, the study aims to find out whether conscientious objection can be included as a reasonable cause under the Clause 1 of the Article 88 of the Military Service Law, and take thorough review on the interpretation and the application of Article 18 of the Human Rights Covenant by examining the rulings at the Supreme Court, Constitutional Court, and District Courts.

• The Journal of Korean Academy of Prosthodontics
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• v.39 no.4
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• pp.433-443
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• 2001

The aim of this study was to evaluate the dental specialty system from the viewpoint of korean constitution. An attempt to introduce a dental specialty system has been repeated many times, but it was interrupted by the dispute of the interested parties, especially general practice dentists, trained dentists and the authorites concerned. The korean constitutional court decided on July 16th 1998 that the lack of the examination to be a dental specialist was against the korean constitutional law and the authority concerned should prepare the legal procedure for the dental specialist examination in proper time. Though the dental specialty system may be discussed in a variety of view, it should be established on the ground of the korean constitutionalism. According to the korean constitution, all the people can develop their abilities at the maximum and have their dignity, preciousness and right to seek their happiness. With the view of spirits of the constitution, dental specialty system should be more open widely to those who want to be a specialist. It should be also allowed to the dental specialists that they reveal their specialty and creativity. However, the representatives of the korean dental association(KDA) decided at the 50th annual meeting that the dental specialists should not reveal or annonce their specialties at the first step of the dental care and all the present dentists give up to be specialists. As conclusion of this study the proposals of the KDA seems to be against the korean constitution and hardly fulfills the needs of the times.

• Journal of the Society of Disaster Information
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• v.7 no.3
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• pp.181-189
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• 2011

Private Security company concentrated on the commerciality as a for-profit businesses. Even so, his role is concerned with public welfare and public security over personal gain. Establishing a company and the business activities are free and protected by the constitutional law and the commercial law such as natural rights. However, it would be restricted in case of need for the national security affairs, public security violation and public weal problems. On the other hand, even though private security law is a for-profit businesses, the natural rights of the text of the Constitution is ignored and distinct from the different apply the rules for the establishment standard and for the business activities. Also, over a certain size of place and capital are required to establish a private security company. Therefore, this paper will study the public interests and the profits of commerciality for the private security by constitutional law and commercial law which assure and conserve the natural rights and the business activities.

• The Southeast Asian review
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• v.23 no.1
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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.