• Journal of Information Technology Services
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• v.13 no.3
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• pp.149-164
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• 2014

The laws and policies governing Korea's game regulations are becoming more and more topics for debate as we enter the Age of Internet. The nature of the basis for Internet regulations and policies are not rooted in freedom of speech or fundamental values of democracy, but rather focused on solving real-world problems such as protection of the youth. Furthermore, the reality is that regulatory devices for keeping the social order such as regulating gambling are being applied directly to games without consideration on the characteristics of Internet gaming, raising concerns that the expansion of constitutional values and innovative empowerment inherent to the Internet are being weakened. The Geun-Hye Park Administration which succeeded Myung-Bak Lee's Administration, even went so far as to implement the so-called "Shutdown Policy", which prohibits access to Internet games during pre-defined time zones and also instigated a time zone selection rule. In order to curb the gambling nature of Internet games, government-led policies such as the mandatory personal identification and prohibition of player selection or in other words mandatory random player selection are being implemented. These institutions can inhibit freedom of speech, which is the basis of democracy, violate the right of equality through unreasonable discrimination between domestic and foreign service providers, and infringe upon the principles of administrative law, such as laws, due process in policies, and balance in among policies and governmental bodies. Going forward, if Korea's Internet game regulations and polices is to develop in a rational manner, regulatory frameworks will need to be designed to protect the nature of the Internet and its innovative values that enable the realization of constitutional values; for example, the Internet acting as the "catalytic media for freedom of expression as a fundamental human right ", which has already been acknowledged by the Korea's Constitutional Court. At the same time, transparent procedures should be put into place that will allow diverse participation of stakeholders including game service providers, game users, the youth and parents in the legislation and enforcement process of regulatory institutions; policies will also need to be transformed to enable not only regulatory laws but also self-regulation system to be established. And in this process, scientific and empirical analysis on the expected effects before introducing regulations and the results of enforcing regulations after being introduced will need to be strengthened.

• The Korean Society of Law and Medicine
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• v.13 no.2
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• pp.141-178
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• 2012

Korea's medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists' opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.

• The Journal of the Korea Contents Association
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• v.10 no.4
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• pp.317-326
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• 2010

The respect for human dignity and worth is to purpose both the ideological premise and the guarantee of all the fundamental rights at the same time. Both freedom and rights which are necessary for obtaining those purposes should be guaranteed. "A human has dignity and worth as a human being" is that a nation exists for an individual between an individual and a nation. It declares democratic ideology. It becomes a ultimate standard to solve a problem of the interpretation of an article of a law and the effect of a law. The right to pursue one's happiness is necessary to persue one's happiness. The rights comprehensively covers even the freedom and the right without in an article of a law. It shows a positive rights like a social fundamental rights in a minimum level of a law. According to the precedent of the Constitutional Court, as the right to pursue one's happiness is in area of a common action, the free manifestation of the authoritative individuality, and self-determination in category, this study is to emphasize the importance of the right to pursue one's happiness throughout its meaning and the precedent of history legislation.

• Journal of the Korean Society of Physical Medicine
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• v.13 no.2
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• pp.147-156
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• 2018

PURPOSE: The law pertaining to medical service technologists does not discuss the scope and limits of doctors' guidelines. My paper aims to discuss these topics. METHODS: This study was based on a review of literature and an analysis of judicial precedents. RESULTS: Physical therapists have often noted the need for independent practitioners in their articles on health care. Their continued discussions on professional and educational differences have centered round this issue, but their ideas have not been accepted. Practitioners have continued to interpret doctors' guidelines in hospitals without discussing their scope. However, the Supreme Court presented a meaningful decision outlining the conceptual limits and the scope of medical practice. The court suggested, basing its interpretation in the goal of clarifying the concept of medical activities smoothly, was to follow a specific judgment on the levels of education, testing, and professionalism. CONCLUSION: The role of physical therapists is expanding in this country, in order to meet the needs of the ultra-aged society. Education is already responding to rising training needs. By dividing the doctors' guidelines into indirect and direct types, if there's no medical risk near or around the health center or hospital, it is a good idea to allow the management of physical therapy partially, while understanding the scope and limitations of these guidelines clearly. A teleological interpretation of the law is especially relevant, and can be implemented immediately by the authoritative interpretation on part of the health authorities without any legal amendments.

• Journal of Korean Library and Information Science Society
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• v.6
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• pp.187-211
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• 1979

Persons who are waiting for decision of the court concerning whether they are guilty or not after they are involved in the criminal case and detained in the special institution isolated from society, will desire to de found innocent and acquited or to be slightly punished. Inmates are the suspected persons and the accused persons who are detained in the correctional institution. They have the right to de assisted by lawyes in order to receive the favorable verdict in the court. However, the right of the poor and the ignorant, in reality, cannot be perfectly protected due to the imperfection and defect of the defense counsel system itself and its application. Therefore, as a means to guarantee the so-called access to the court, the fundamental constitutional right, the law libraries are established and the legal information services are provided to the inmates within the correctional institution in the advanced country such as the United States. In addition, the judicial precedent and the various kinds of professional organizations provide the managerial guide-lines for such libraries to enoughly collect materials and to provide the effective information services to the inmates. In order to furnish the management of the correctional institution of Korea with useful information, the legal information services, materials collected, and information service personnel of the law libraries within the correctional institution are minutely examined in this paper.

• Development and Reproduction
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• v.25 no.2
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• pp.113-121
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• 2021

This article aims to introduce German discussion on the approval of the non-invasive prenatal diagnosis (NIPD), which started with the development of PrenaTest^® by LifeCodexx AG. The discussion started with the concern that the non-invasive nature of NIPD, such as PrenaTest^®, may rapidly expand the use and scope of similar tests, thus leading to a new era of eugenics. Based on this concern, the need for clear clinical guidelines on specific indications for NIPD has been suggested. Along the same line, it was discussed whether PrenaTest^® is against the Basic Law prohibiting discrimination on grounds of disability and whether the test is outside the scope of the purpose of gene testing limited by Genetic Diagnosis Act. Through such discussion, the Federal Ministry of Health of Germany established the preconditions for inclusion of NIPD in the German public health insurance system. For this, the German motherhood guideline was amended and the information for the insured persons provided to pregnant women was included in the amended guideline. Such discussion made in Germany provides insight on which points should be considered when various gene testings are accepted in Korea, in which genetic communication has not been systematized yet. In particular, German counseling system for pregnant women will provide valuable insights for Korea where the direction for regulations on abortion has not been established even after the ruling by the Constitutional Court that charges for abortion are against the constitution.

• Journal of Navigation and Port Research
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• v.29 no.3 s.99
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• pp.235-244
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• 2005

A new type qf demonstrations in the temporal and spacial aspects, such as accidental and unprepared demonstration, urgent assembly, demonstration-on-sea, demonstration-on-highway, and etc., which are not intended in the Law of Assembly and Demonstration, are becoming a social problem Especially, the law on demonstration-on-sea needs to be discussed further because it is not clear if the Law of Assembly and Demonstration is applicable here. If so, how can it be explained logically? Or, if not so, which law should be applied to this context? So far, various theories on demonstration-on-sea have been opposed aggressively vs. submissively. However, it should be guaranteed that the demonstration on sea is one of the constitutional rights based on the self-decision right of demonstration's place. Accordingly, these contents have to be interpreted with a concept of demonstration in Demonstration's law in coordination with the Constitution. Therefore, it is not persuasive that Demonstration's law is analogized, or general police law is applied, to such untypical demonstrations. In addition, taking into consideration a demonstrative function for minority under modem situation of demonstration, it is right to apply the Law of Assembly and Demonstration to the demonstration-upon-sea directly.

• The Journal of the Convergence on Culture Technology
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• v.10 no.3
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• pp.53-59
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• 2024

The novel "The Grapes of Wrath" shows the painful reality of Americans during the Great Depression through the migration journey of the Tom Jod's family, who had no choice but to move from Oklahoma to California and their hardships in California. This presents empathy for their wrath and offers hope for a brotherly solution. This article presents institutional solutions against each novel situation from the perspective of the Constitution, labor law, and competition law. From a constitutional perspective, the poverty of Oklahoma's smallholders is not a result of choice, but is caused by the natural environment and capital concentration, so it is suggested that the government have to intervene to guarantee a minimum standard of living to realize equal rights. From a labor law perspective, worker supply projects are unconstitutional because they constitute intermediate exploitation of labor, and immigrants like the Joad family have the right to form labor unions. From a competition law perspective, it was shown that the large landowners' setting of fruit prices constitutes predatory pricing, and the farmers' attempts to pay similarly low wages constitute collusion. Through this, the attempt was made to recognize that the law is a means to resolve the public wrath that may currently exist, and to show that the story in the novel can bring empathy and understanding to minorities. It is hoped that reading novels can be a way to help interpret the law and sympathize with others as an indicator of a just society.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.107-152
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• 2020

During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

• Journal of Sasang Constitutional Medicine
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• v.13 no.2
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• pp.28-48
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• 2001

1. Background and Purpose Since ${\ulcorner}$Dongri Sasang Shinpyun${\lrcorner}$ was published in 1929, it had great effects on the publications related to Sasang Constitutional Medicine. However there had been no practical research or its applications about ${\ulcorner}$Dongyi Sasang Shinpyun${\lrcorner}$ at all in spite of its importance. So through the study on the ${\ulcorner}$Dongyi Sasang Shinpyun${\lrcorner}$ we highly intend to utilize the book. 2. Methods In this dissertation, you'll find our research of ${\ulcorner}$Dongyi Sasang Shinpyun${\lrcorner}$ regarding the author, the people who were involved in the publishing, the formations and the contents, our another research of ${\ulcorner}$Dongyi Sasang Shinpyun Chebang${\lrcorner}$(東醫四象新編劑方) to make its medical characteristics and meaning clear. 3. Results and Conclusion 1) Won Chi Sang was Chang Bong Young's granduncle's son-in-law. Nam Dae-hee is suspected of Nam Tae-hee who lived in YeoJu Bam Gol at that time though, it's not certain. 2) ${\ulcorner}$Dongyi Sasang Shinpyun${\lrcorner}$ is consisted of two pans. ${\ulcorner}$The Internal part${\lrcorner}$ is the basic explanation and ${\ulcorner}$The External part${\lrcorner}$, is the prescriptions depending on the symptoms. ${\ulcorner}$Sasang Byunron${\lrcorner}$,(四象辯論) is mostly that's for the explanations about analysis of Sasang Constitution. ${\ulcorner}$Sasang Kyunghum${\lrcorner}$(四象經驗) is mainly it's for the prescriptions depends on Sasangin's symptoms. ${\ulcorner}$Sasang Kukyul${\lrcorner}$(四象口訣), ${\ulcorner}$Tong Sasang Changbu Sochaedo${\lrcorner}$(通四象臟腑所在圖), ${\ulcorner}$Tong Sasang Chunche Sosokdo${\lrcorner}$(通四象全體所屬圖) are about the analysis of Sasangin's characteristics from metaphysical concepts to Changbustic concepts. In ${\ulcorner}$Sasangin oyak${\lrcorner}$(四象人要藥), among them, 10 types of medicines were categorized separately by constitutional difference in ${\ulcorner}$Dongui Sasang Shinpyun${\lrcorner}$ and ${\ulcorner}$Dongmu Youg${\lrcorner}$(東武遺槁). The unique style of ${\ulcorner}$Dongyi Sasang Yongyak Huebun${\lrcorner}$(東醫四象用藥索分) is originated from ${\ulcorner}$Bangyak Happyun${\lrcorner}$ ${\ulcorner}$Euibang Whaltu${\lrcorner}$(${\ulcorner}$方藥合編${\lrcorner}$${\ulcorner}$醫方活套${\lrcorner}$), ${\ulcorner}$Whaltu Chimsun${\lrcorner}$,(${\ulcorner}$方藥合編${\lrcorner}$ ${\ulcorner}$活套鎭線${\lrcorner}$). 3) There are 293 prescriptions in ${\ulcorner}$Dongyi Sasang Shinpyun Chebang${\lrcorner}$. 36 out of 44 prescriptions in ${\ulcorner}$Gapont${\lrcorner}$(甲午本) are quoted in ${\ulcorner}$kyunghumbang${\lrcorner}$. Therefore it could be very possible that those unknown prescriptions in ${\ulcorner}$Kyunghumbang${\lrcorner}$ can be from lee Je Ma. 4) We are assumed that ${\ulcorner}$Dongyi Sasang Shinpyun${\lrcorner}$ was made by some other doctors not from one single person, based on Lee Je Ma's prescriptions, after Lee Je Ma died. ${\ulcorner}$Dongyi Sasang Shinpyun${\lrcorner}$ is very different from ${\ulcorner}$Dongeyi Suse Bowon${\lrcorner}$, ${\ulcorner}$Dongmu Yougo${\lrcorner}$(東武遺稿). ${\ulcorner}$Chobonkwun${\lrcorner}$(草本卷) by lee Je Ma since it was published for utilizing Sasang Constitutional Medicine and medical practice not for the basic principles of Sasang Constitution by Lee Je Ma. Therefore it could be highly possible to look over the spirit of Sasang Constitution by lee Je-ma.