• Analyses & Alternatives
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• v.3 no.2
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• pp.59-85
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• 2019

The Hong Kong's Anti-Ordinance Amendment Movement is the most serious radical social movement since the 1997 return, which has served as the promotion of the 2014 Occupy Central Movement and broken through the violence baseline. The movement came from a criminal case committed in Taiwan,which gave a good reason and motivation for the HK government to amend the Fugitive Offenders Ordinance. The HK government has responded to the protests by strictly limiting the legal scope and transfer procedure, even giving up the legislative motion. But the protests still say no and develop into the constantly violent activities. Many of the protests have committed the crimes in HK laws,part of whom have been arrested,prosecuted and under judicially judged. It is necessary for the offenders to be punished to protect the authority of rule of law in HK. Two different paths for HK have fought against each other since the 1997 return: one is the "democratic-welfare" path taken by the Pan-Democratic Camp, the other is the "Legal-development" path taken by the Pan-Establishment Camp. The second path shares some nuclear characteristics of the so-called The China Model mainly shaped from the 40-years Reforms and Openness. However, the HK people can't understand the China Model very well and show great fear and distrust on the judicial system of Mainland China. The foreign powers such as US and UK have illegally interfered the HK issues which are deemed to be the domestic affairs of China. The so-called Sino-UK Joint Declaration can't serve as the legal basis for the interference. Taiwan, as a part of China, also plays a negative role in this movement for its electoral and political interest. Up to now, the movement has gone down and the HK government has the legal capacity to solve the problems under the supports from the central government and the HK people. The HK people love its rule of law and order under the constitutional framework of One Country Two System. After the movement,One Country Two Systems will be go on, and the integrated development under the policies of the central government will be the main stream. However, the relevant problems exposed by this movement muse be checked and solved legally and strictly,especially concerning the social inequality and youth development.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.169-208
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• 2016

"Act on Remedies for Injuries from Medical Malpractive and Mediation of Medical Disputes)" has been enacted to solve medical dispute. In addition, mediation and arbitration procedures have started since April 8th, 2012 from the Establishment of Korea Medical Dispute Mediation and Arbitration Agency. The average initiation rate of mediation for the past three years turned out to be 43%. Hereupon, Establishment of Korea Medical Dispute Mediation and Arbitration Agency has created a solution for automatic initiation if relevant to particular conditions to improve initiation rate of mediation procedures and passed it through the Assembly plenary session in May, 2016 and promulgated on the 30th of the same month. However, even if mediation procedure initiation rate is increased, there is no guarantee for mediation establishment rate to be improved according to current law. If Establishment of Korea Medical Dispute Mediation and Arbitration Agency intends to increase aforementioned value, automatic initiation is not the only solution. Instead, it seems to be a major assignment to identify fundamental reasons for why major health care facilities have not participated in it and to restore reliability on them. In addition, among crimes specified on the Article 268 of Criminal Act in the Article $51^*$ of "Act on Remedies for Injuries from Medical Malpractive and Mediation of Medical Disputes)", revision must be made so that the clause of clue and death by occupational or gross negligence is applied. Furthremore, it is suggested to supplement previously insufficient policies with the operation so that mediation procedures created by Establishment of Korea Medical Dispute Mediation and Arbitration Agency are stably settled in the perspective of medical institutions including the establishment of new conditions for medical institutions founders or health and medical service personnel to claim the proxy payment for damage.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.3-26
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• 2015

Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.

• Convergence Security Journal
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• v.16 no.7
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• pp.129-137
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• 2016

The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

• Convergence Security Journal
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• v.15 no.7
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• pp.111-118
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• 2015

The violent crime has increased dramatically in our society. This is because our society has to change quickly. Strong police force, but this is not enough to solve the crime. And there are a lot of police to investigate the situation difficult to go out to the crime scene. So inevitably increase in the risk of crime. Researchers have conducted a number of studies to solve this problem. However, the proposed study how realistic are many points still lacking. herefore, we to take advantage of smartphones and high-speed Internet access technology to provide security services using the push service for rapid identification and crime situation in this study. Therefore, we would like to provide rapid service to identify criminal security situation using smart-phone app and push services on the high speed internet environments. The proposed system is to record the voice information received from the smart phone near the user presses the hot key is set in advance in real-time, and stores the audio information stored in the LBS information to the server through the authentication procedure. And the server uses the stored voice data and LBS Push service information to inform their families. We have completed the design of the proposed system. And it has implemented a smart phone app, the user authentication server. And using the state in which the push service from the authentication server by transmitting a message to a user to inform a family. But more must examine whether the proposed research is relevant in future studies.

• Korean Journal of Forensic Psychology
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• v.12 no.2
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• pp.121-149
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• 2021

Statement Validity Analysis (SVA) is utilized in criminal investigations and the court to assess the credibility of given statements. During this procedure, the criteria for Criteria-Based Content Analysis (CBCA) are used to evaluate whether statements include the characteristics reflecting actual experiences about the event in question. Various studies had been conducted on the efficacy (classification rates) of CBCA criteria, yet the consistency of the findings was not investigated. In the current study, a meta-analysis was conducted with Korean CBCA studies reported from 2004 to 2020 (a total of fourteen studies). As a result, the total score of CBCA was found to successfully discriminate truth and fabrication. A significant positive (+) effect size was found with four criteria (3, 4, 10, and 12), all of which are classified as cognitive criteria. However, contrary to the underlying assumption for CBCA, criterion 18, classified as one of the motivational criteria, showed a significant negative (-) effect size. Meanwhile, moderator analyses were possible for eleven criteria (2~9, 12, 13, 15) and the results showed the significant effects of potential moderator variables such as the gender and status of the participants, study types and designs, number of raters, and publication status. The current results suggests that more careful attention is required to each criterion-especially the cognitive criteria-rather than the total CBCA score as well as the possible moderator effects in order to assess truthfulness of the statements. The implication, limitations, and suggestions for future studies were discussed.

• Korean Security Journal
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• no.42
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• pp.361-391
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• 2015

Regarding the [Government Organization Act; which is legislated on 19th November, 2014] Korea Coast Guard(KCG) has been re-organized and belong from Korea Coast Guard shall be established under the Minister of Oceans and Fisheries to Ministry of Public Safety and Security. Furthermore, National Police Agency(NPA) Commissioner has the right for administer duties concerning investigation and information by succession from Korea Coast Guard Commissioner. That means that main rule has been moved from prior KCG to Ministry of Public Safety and Security(MPSS) and NPA currently which is dual structure. Meanwhile, This kind of organization change has been effective to investigative agency which exert KCG's call of duty and causes needs of variety problems. In other words, There are quite huge changes such as KCG's reduction of their work, call of duty and re-organization regarding revised government organization act. However this change - including re-organization by government, was not able to take current MPSS's special features such as organization specialty and legal rights. It means, the current change has not been taken present law system CRIMINAL PROCEDURE LAW and there was no preparation to stable maritime police authority action as well. To sum up, this revised GOVERNMENT ORGANIZATION ACT is supposed to provide total, quick security service by establishing strong disasters and safety control tower. However they only contains few area such as organization revision regarding 'Sewol Ferry Disaster', they was not able to contain the other parts of Society. Therefore, in this article I would like to check the part of re-evaluation of current change made by KCC's organization revision. It is supposed to provide better legal stability by making clear of work area by government agencies who acts maritime police authority.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.139-161
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• 2009

The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.