• Korean journal of food and cookery science
• /
• v.32 no.3
• /
• pp.370-381
• /
• 2016

Purpose: This study assesses Korean royal court cuisine as perceived by culinary professionals and students for the development of Korean dining. Methods: It was observed in a survey that Korean royal cuisine could be grouped into four classes represented by the following factors: popularity, standardization, tradition, and haute-cuisine. Results: From the analysis of the survey results, it was determined that the people surveyed could be grouped into the following three categories: those who prefer standardization/pursuit of haute-cuisine, traditionalists/popularizers, and those who are indifferent. The survey also assessed whether the ten most popular Korean dishes served to foreigners had variations in royal court cuisine and which food ingredients and combinations of dishes would be the most appropriate. It was determined that control over the sweetness when cooking Bulgogi was needed. For food usually consumed for invigoration, especially for the broth of soup dishes in summer, women preferred clear meat broth with soup than men. When preparing Japchae, it was found that control over the ratio between glass noodles and vegetables and control over the sweetness were needed with respect to the main dishes. Conclusion: The indicator 'education on Korean royal court cuisine culture' showed relatively low satisfaction compared to its high importance, implying that further improvement in these development measures is especially required.

• Journal of Arbitration Studies
• /
• v.30 no.3
• /
• pp.3-19
• /
• 2020

With the advent of the Free Trade Agreement between Korea and the U.S. and an increase in trade volume between the two countries, the possibility of commercial disputes has escalated among international merchants. It has been well-known that arbitration as an alternative dispute resolution is an efficient way to resolve international commercial disputes. When arbitral awards are enforced in the judicial system, the court will inevitably have to be involved with the enforcement procedures. The court is a typical legal entity to confirm arbitral awards. Through a confirmation process, the winning party obtains the same legal status of final judgment rendered by the court. However, a winning party in arbitration will have to overcome a legal hurdle in the enforcement process of arbitral awards. This article aims to investigate how the courts control the arbitration practices and what the basic legal issues in the enforcement of arbitral awards are. The US Federal Arbitration Act is investigated, while relevant cases are reviewed and updated for legal analysis.

• The Journal of Information Technology
• /
• v.10 no.3
• /
• pp.93-120
• /
• 2007

A Smart Home is a technically expanded from home network that gives us a comfortable life. But still there is a problem such as mal function of devices and intrusions by malicious parties since it is based on home network. The intrusion by malicious parties causes a critical problem to the individual's privacy. Therefore to take legal actions against to the intruders, the intrusion evidence collecting and managing technology are widely researched in the world. The evidence collecting technology uses the system which was damaged by intruders and that system is used as evidence materials in the court of justice. However the collected evidences are easily modified and damaged in the gathering evidence process, the evidence analysis process and in the court. That's why we have to prove the evidence's integrity to be valuably used in the court. In this paper, we propose a mechanism for securing the reliability and the integrity of digital evidence that can properly support the Computer Forensics. The proposed mechanism shares and manages the digital evidence through mutual authenticating the damaged system, evidence collecting system, evidence managing system and the court(TTP: Trusted Third Party) and provides a secure access control model to establish the secure evidence management policy which assures that the collected evidence has the corresponded legal effect.

• Journal of Arbitration Studies
• /
• v.20 no.3
• /
• pp.47-69
• /
• 2010

From the review of Korean arbitration systems with the comparison of those of other countries, we can summarize some issues to be tackled as follows: First, Korean arbitration system started with the purpose of export promotion. This may be the main reason that various domestic disputes have not been resolved by arbitration. Second, the Korean Arbitration Law applies to private disputes. The Law's arbitration scope is wider than that of China and France, but narrower than that of the U.S.A. that encompasses a variety of disputes in the filed of consumer, labor, medical services, patents, etc. Third, active judges or public officials in Korea can not be arbitrator and there is no arbitration court. However, if chief judge allows the necessity, court's judges in the UK can be arbitrator with the mutual agreement of the parties and also arbitration system is operated in the court. Fourth, the Korean Commercial Arbitration Board(KCAB), the only representative institution for arbitration in Korea, is under the Ministry of Knowledge Economy(MKE). This makes it difficult for the KCAB to handle other disputes related to the Ministry of Health and Welfare, the Ministry of Strategy and Finance, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Employment and Labor, etc. Fifth, as mentioned, the KCAB is the unique institution for arbitration by the Law in Korea, while other countries allow have a diversity of arbitration agencies such as maritime arbitration organization, consumer arbitration institution, arbitration court, etc. Therefore, we suggest some ideas to expand the arbitration's area of coverage in Korea as follows: First, there should be more active policies that promote various domestic disputes to be settled by the arbitration system. Second, it is quite needed to expand the scope of arbitration to cover many disputes in the fields of consumer, labor, medical service, advertising, fair trade, etc. Third, there should be discussions to allow court judges as arbitrator and to introduce the arbitration court. Fourth, the KCAB should strengthen its status and roles as general arbitration organization to overcome the limited scope of commercial disputes. For this, there should be the strong support and coordination among the MKE and other government agencies. Fifth, to reduce the burden of the court's complicated and expensive procedures, more efficient disputes resolution systems should be established on the basis of the parties' free will. Each central government agency should streamline the legal barriers to allow industrial organizations under its control to establish their own or joint arbitration system with the KCAB.

• The Korean Society of Law and Medicine
• /
• v.10 no.1
• /
• pp.263-305
• /
• 2009

Is it lawful to withhold or withdraw life-sustaining treatment applied to a patient in a terminal condition or permanent unconscious condition? In Korea, there are no such laws or regulations which control affairs related to the withholding or withdrawal life-support treatment and active euthanasia as the Natural Death Act or the Death with Dignity Act in the U. S. A. And in addition there has had no precedent of Supreme Court. Recently Supreme Court has pronounced a historical judgment on a terminal care case. The court allowed the withdrawal of life-sustaining treatment from a patient in a permanent unconscious state. Fundamentally the court judged that the continuation of that medical treatment would infringe dignity and value of a patient as a human being. And the court required some legal grounds to consider such withdrawal or withholding of medical care lawful. The legal grounds are as follow. First, the patient is in a incurable and irreversible condition and already entered a stage of death. Second, the patient executed a directive, in advance, directing the withholding or withdrawal of life-support treatment in a incurable and irreversible condition or in a terminal condition. Otherwise, at least, the patient's will would be presumed through his/her character, view of value, philosophy, religious faith and career etc. I regard if a patient is in a incurable and irreversible condition or in a terminal condition, the medical contract between a patient and a doctor would be terminated because of the actual impossibility of achievement of it's purpose. So I think the discontinuation of life-sustaining care would be legally allowed without depending on the patient's own will.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.30
• /
• pp.91-120
• /
• 2006

An Arbitration agreement is one kind of contracts between two or more contracting parties; any possible disputes that arise concerning a contract will be settled by arbitration. Contracting parties who have made a valid arbitration agreement will submit a dispute for settlement to private persons(arbitrators) instead of to a court. Arbitration may depend upon the agreement of the private parties, but it is also a system which has been built on the law and which relies upon that law in order to make it effective both nationally and internationally. That is to say, arbitration is wholly dependent on the underlying support of the court. The complementarity of the courts and of the arbitrators is a well-established fact; they seek for the common purpose, the efficacy of international commercial arbitration. Most states' laws contain the provisions which have been set for the supportive role of the courts relating to arbitration; (1) the enforcement of the arbitration agreement(rulings on validity of the arbitration agreement), and the establishment of the tribunal at the beginning of the arbitration, (2) challenge of arbitrators, interim measures, and intervention during evidence in the middle of the arbitral proceedings, (3) filing of the award, challenge of the arbitral award, and recognition and enforcement of the arbitral award at the end of the arbitration. Most international instruments and national laws concerning arbitration believe that authoritative courts should play their power not to control and supervise arbitration but to support and develop the merits of arbitration at most. 1985 UNCITRAL Model Law also expressly limit the scope of court's intervention to assist arbitration, not to control it.

• The Korean Society of Law and Medicine
• /
• v.19 no.1
• /
• pp.207-254
• /
• 2018

The major court rulings delivered in 2017 include the ruling that separated the legal character of denture production agreement signed together with medical care agreement and found a subcontracting dimension in the former, and the ruling that overcame the limitations of the theory of entire appearance of a fetus as discussed in civil law by using the legal principle of insurance which suggests that unborn child insurance takes effect after the contract is signed and the first installment of the premium is paid in. As more court rulings find the medical specialists responsible for accidents and injuries from drugs, some argue that medication counseling by the druggist who makes and dispenses drugs should be upgraded. And with respect to a court ruling that denied the hospital's responsibility for an infection-involving accident even if there were no records on specific measures taken in infection management, some criticized the court for being too conservative in recognizing responsibilities. And with respect to infectious disease management, some criticized the court for its interpretation and application of the facts in the direction of denying the negligence. In addition, some claimed that it is necessary to establish institutional system for hospital infection control and its aid for victims, and to improve the system including the reversal of the burden of proof given the special nature of hospital infections. A number of rulings on the duty to disclose included the one which stated that the specific matter did not require a doctor's explanation as it was explained or the specific medical service would have been performed even if no explanation had been given. There was a greatly controversial ruling over the scope of indemnification, which accepted the occurrence of multiple scars and deformation as disorders while regarding breast as a thoracic organ. And a Supreme Court ruling over interpreting Medical Service Act was criticized as overstepping the boundary allowed in the law.

• The Korean Society of Law and Medicine
• /
• v.12 no.1
• /
• pp.227-255
• /
• 2011

Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.

• Journal of Internet Computing and Services
• /
• v.11 no.4
• /
• pp.129-141
• /
• 2010

In digital computing environment, for the mal functions in appliances and system errors, the unaccepted intrusion should be occurred. The evidence collecting technology uses the system which was damaged by intruders and that system is used as evidence materials in the court of justice. However the collected evidences are easily modified and damaged in the gathering evidence process, the evidence analysis process and in the court. That’s why we have to prove the evidence’s integrity to be valuably used in the court. In this paper, we propose a mechanism for securing the reliability and the integrity of digital evidence that can properly support the Computer Forensics. The proposed mechanism shares and manages the digital evidence through mutual authenticating the damaged system, evidence collecting system, evidence managing system and the court(TTP: Trusted Third Party) and provides a secure access control model to establish the secure evidence management policy which assures that the collected evidence has the corresponded legal effect.

• Korean Journal of Child Studies
• /
• v.25 no.6
• /
• pp.205-223
• /
• 2004

This study examined the relationships between children's perceptions of mothers' psychological control, and children's behavior problems(depression, anxiety, withdrawal, and aggression). In order to expand the study on the relationships, special attention was given to the possible moderator effects of children's sex and peer acceptance on the relationships. The subjects were 272 6th graders residing in Seoul. It was found that children's perceptions of mothers' psychological control was significantly related with the levels of children's depression, anxiety, withdrawal, and aggression. The results indicated that mothers' higher psychological control was related to higher levels of children's depression, anxiety, withdrawal, and aggression. No significant sex difference was found in the relationship between children's perceptions of mothers' psychological control and children's behavior problems although all of the correlations between mothers' psychological control and each of the behavior problem variables were somewhat higher among boys than among girls. Children's perceptions of peer acceptance were found to be a significant moderator of the relationship between mothers' psychological control and children's depression, and of the relationship between mothers' psychological control and children's aggression. These findings indicated that peer acceptance could function as a protecting factor for children who perceive their mothers to be psychologically controlling.