• The Journal of the Convergence on Culture Technology
• /
• v.10 no.3
• /
• pp.359-370
• /
• 2024

Special judicial police officer are exercising their right to investigate areas that require expertise that is difficult for ordinary police to investigate. The fire special judicial policer are also like this, and since they investigate the specialized field of fire offenders, they require not only expertise in the firefighting field but also professional capabilities in the investigation. To achieve this, there must be improvements in the selection process for fire and special judicial police officers to secure excellent investigative personnel. There is a lack of educational facilities and training content that can systematically educate selected investigative personnel and strengthen their expertise, so improvements are needed. must also be done. Laws on controversial areas surrounding the fire and special judicial police must be reorganized and poor investigative conditions must be improved so that the fire and special judicial policer can properly perform their role.

• The Korean Society of Law and Medicine
• /
• v.20 no.2
• /
• pp.3-39
• /
• 2019

Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

• The Korean Society of Law and Medicine
• /
• v.16 no.2
• /
• pp.27-53
• /
• 2015

Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.

• The Journal of the Korea Contents Association
• /
• v.9 no.10
• /
• pp.274-283
• /
• 2009

To effectively and quickly respond to new forms of terrorism, a more organically integrated and coordinated system will be needed. As establishing the grounds of such a system based on laws would be most in congruence with legalism, it would be desirable to fundamentally establish an antiterrorism act. However, enactment of such counter-terrorism laws must be accomplished by means with which human rights violations against citizens may be minimized, contrary to what has been the case with third world nations. The act will need to include clauses that may relieve organizations, such as national human rights committees or citizen groups, of concerns over potential human rights violations. To address vulnerabilities of investigative rights issues which relate to cases relevant to acts of terrorism being delegated to the National Intelligence Service, the investigative jurisdiction shall be assigned to the public prosecutors and law enforcement officials as with other criminal proceedings. As for public concern that establishing the Anti-Terrorism Center under the National Intelligence Service, a secret service agency, may infringe upon human rights, functional and organizational dualism of the Anti -terrorism Center would be worth taking into account.

• Convergence Security Journal
• /
• v.14 no.1
• /
• pp.23-32
• /
• 2014

Quantitative rise and This study carried out qualitative research by utilizing NVivo 10 focusing on the contents of mass media such as newspaper or internet on the presidential security service up to the Park Geun-hye government from the 3rd Republic of Korea, which was established the presidential security service. The aim is to present opinion so that the presidential security organization can strengthen capability and function within the governmental organization down the road based on the contents of categories, which were elicited through this. First, there is a need of solidifying the internal stability with the expansion in the activity sphere of organization and of externally approaching the public with removing sense of difference caused by offering personal protection only to some of the privileged class in the meantime. Second, it is the foundation of a reason related to crime in a cause for Discharge by Authority pertinent to "law on security for president and others" in Article 10 in order to prevent a criminal act of having abused the task characteristic and the position superiority or an external pressure act related to intervention in rights. Third, there is a need of making it recognized as very important organization with putting differentiation from other organizations of the government by providing the disciplinary level more strictly than "disciplinary order on public officials" based on particularity and importance dubbed presidential security service along with correspondingly applying "disciplinary order on public officials" in Article 31 in accordance with "enforcement ordinance of law on security for president and others" in terms of service negligence and false-information report in relation to task performance.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.48 no.4
• /
• pp.8-18
• /
• 2020

This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

• Journal of the Society of Disaster Information
• /
• v.15 no.3
• /
• pp.409-417
• /
• 2019

Purpose: Since the implementation of the Chemical Substance Management Act, data on the number of occurrences by annual chemical accident in Korea and the contractor's contract data received from the competent authority were used. After the implementation of the contract reporting system, the contribution to the reduction of chemical accidents is summarized by statistical data. The characteristics of each region, month, type and those of similar industries and human life were compared and analyzed. Method: 4 years of chemical accident statistics from 2015 to 2018 and since 2003, we have used data from the Chemical Safety Clearing-House (CSC), which provides safety information on cases of chemical accidents. Results and Conclusion: The risk of accidents increases as a number of unskilled workers are put into the workplace during the period when the hazardous chemical handling process is temporarily suspended. Through the reporting for awarding a contract, the operators are strengthening the safety management of chemical accidents by educating unskilled workers and wearing personal protective equipment.

• English & American cultural studies
• /
• v.14 no.1
• /
• pp.95-116
• /
• 2014

Paul Auster's The Locked Room, the third novel of The New York Trilogy, has been examined by many critics in terms of anti-detective fiction or postmodernism. However, this paper focuses upon how the author adopts and utilizes some key elements of the traditional detective novel and its literary tradition. Mystery storytelling is one of Auster's literary strategies and the theme of the double is another. For his novel Auster explores the theme of the double as in Poe's "William Wilson." In The Locked Room, the narrator "I" is described as a shadow of his childhood friend Fanshawe. After Fanshawe's disappearance "I" becomes a literary agent for his friend, and becomes a husband of his friend's wife and a father of his friend's child. Searching for information to write a biography of his friend, he realizes that his friend has always been living inside his skull condemned to a mystical solitude. When Fanshawe appears in the narrator's mind as an image of the door of a locked room, the locked room is also a metaphor for the closed consciousness of the narrator. In his strategy of mystery storytelling, Auster employs the quest of detective fiction as well as the irony of Oedipus the King, where the criminal pursued by the king turns out to be himself. The Locked Room starts with the mystery of Fanshawe's disappearance, and as the novel develops, the narrator pursues numerous clues about his biographical subject like a private eye. Ironically, however, he finds that the ghost of Fanshawe has always been with him and that this is inevitable. As the narrator resolves to quit his life as a double, he contrives to name a strange man Fanshawe as if he tries to turn his biographical subject into a fictional character in the same way Fanshawe has controlled the narrator like a character in Fanshawe's novel. Beaten by the fictional Fanshawe and recovering from a near-death experience, the narrator prepares for his final showdown with Fanshawe. The transcendence of his existence as a double is epitomized by his act to tear off the red notebook handed to him by Fanshawe, which confusingly delivers a message that a life is doomed to be a failure. The narrator's act to cut off Fanshawe's influence bespeaks his breaking out of his locked consciousness and a new start for his life with his own identity.

• The Korean Society of Law and Medicine
• /
• v.22 no.2
• /
• pp.81-109
• /
• 2021

This paper review about the relationship between the prohibition against medical refusal and the principle of private autonomy in medical contracts. The obligation to this Prohibition in Medical Law does not restrict the liberty of contracting a medical contract. On the other hand, the prohibition limits the freedom to terminate medical contracts. Medical contracts can be terminated if the trust between doctors and patients is vanished. However certain restrictions should be placed on termination of the medical contract, because termination of the contract should not be detrimental to patients' health. According to the current medical law the medical contract is to be enforced in principle and can be revoked only with justifiable reason. At the Civil Code on Medical Contracts the freedom to terminate the medical contract is permitted, but this paper suggests the restrictions of the revocation under certain conditions. The Criminal Punishment Regulations against medical refusal should be removed. Refusal the provide medical service should be regulated by administrative sanctions under the National Health Insurance Act's obligation.

• The Korean Journal of Air & Space Law and Policy
• /
• v.27 no.2
• /
• pp.143-166
• /
• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.