• Title/Summary/Keyword: German legislation

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German Heilpraktiker system, its history and current status (독일 자연치료사(Heilpraktiker) 제도 현황과 형성과정)

  • Park, Inhyo;Kim, Dongsu
    • Journal of Society of Preventive Korean Medicine
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    • v.22 no.3
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    • pp.45-60
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    • 2018
  • Background : There have been a variety of healthcare systems related to CAM practitioners developed in each country. However, the European cases have not been widely introduced in Korea so far. In the case of Germany, CAM practices have been developed in the frame of "Heilpraktiker" system. Objectives : The objectives of this study were to review the historical development and current situation of German Heilpraktiker system and its conflicting relationship with Western medical doctors, in order to utilize it as basic data for the conflict resolution between Western- and KM doctors in Korea. Methods : The historical development, current regulations and education system of Heilpraktiker were assessed. Research articles, reports, government publications and websites dealing with this issue were searched for and analyzed. Results : Heilpraktiker system was developed within German historical and cultural situation where naturopathic traditions were reilluminated in connection with modernization process of the state under the influence of romanticism formulating German nationalism. Between the concept of "Kurierverbot"(prohibition on medical treatment by non-physicians) and "Kurierfreiheit"(freedom of medical treatment), Heilpraktiker achieved a limited but legitimated right to conduct non-biomedical treatments from the state in the process of the formulation of modern German medical system. In this process, the conflicts between medical doctors and heilpraktikers have been also growing up to now. Conclusions : Heilpraktiker system, officially recognized with the legislation of Heilpraktiker law in 1939, stands at a crossroads between the continual development through strengthening its professionality, and abolition of the system due to its lack of quality control and medical evidence mostly argued by Western medical doctors, which has considerable implications for Korean situations in terms of the conflicting relationship between KM- and Western medical doctors. In this regard, it is necessary to discuss the debates on the concept "Kurierfreiheit"(freedom of medical treatment) developed within German tradition of medical pluralism.

Litigation for Determination of Boundary under German Law (독일법상의 경계확정소송)

  • Lee, Choon-Won
    • Journal of Cadastre & Land InformatiX
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    • v.44 no.1
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    • pp.17-35
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    • 2014
  • There is no provision regarding the 'litigation on land boundary' under the Korean laws. Therefore, there are disputes in theory with respect to its nature, requirements for litigation, criteria for determination, etc., and it is necessary to establish the provisions of the law on this issue in the future. For this legislation, it is necessary to conduct a comparative consideration on laws of other countries which have completed the relevant provisions. This study, as a first step, researches a history of litigation for determination of boundary under the Roman law and medieval law, and furthermore introduces the German law which has relatively completed legal provisions on litigation for determination of boundary. In addition to common ownership litigation, the German law has established a provision on litigation for boundary as a judicial procedure considering a special place, called as a dispute on ownership of adjacent land, on the assumption that it is difficult or impossible to prove the boundary. The primary purpose of this litigation is to clarify a true boundary, and if such clarification is impossible, a boundary is discretionally created in accordance with the statutory standards under Article 920 of the German Civil Act (BGB). It means creation of the scope of land ownership by operation of decision, not only by the 'discovery of original boundary'. Both cases are different from each other in the aspect of judicial decision, but embracing them into one is a lawsuit for determination of boundary under the German law. Under the Korean legislation, it is necessary to make a theory containing two different criteria for determination into a single type of litigation, considering such aspects.

Use of Methods and Evaluation Systems of the Impact Mitigation Principle in German EIA (독일 환경영향평가에서의 자연환경의 평가절차)

  • Peters, Wolfgang
    • Journal of Environmental Impact Assessment
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    • v.2 no.2
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    • pp.49-53
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    • 1993
  • Before the EIA was established in the Federal Republic of Germany, the impact mitigation principle - a planning instrument, which has its legal foundation in the German nature conservation legislation already had {and still has} the function to valuate environmental impacts. The valuation principles and methods which have been developed in correlation to this instrument are now also used in the EIA. Particularly for the valuation of alternating effects on the different ecological landscape functions and for the valuation of ecological mitigation and compensation measures this valuation methods are used. These methods base on a special kind of modelling nature and environment Following the aim of the nature conservation act, which is to save the capacity of the landscape to perform its essential functions, not the ecological factors (soil, water, air etc.) itselfs are evaluated but the ecological functions of the landscape, which are based on the ecological factors.

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The Contents of SatDSiG and Its Implications for Korea (독일 위성자료보안법의 내용 및 시사점)

  • JUNG, Yungjin
    • Journal of Aerospace System Engineering
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    • v.13 no.2
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    • pp.60-65
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    • 2019
  • TerraSAR-X, launched in June 2007, and TanDEM-X, June 2010, are remote-sensing satellites with 1M resolution that are capable of observing the ground even during the nighttime and poor weather conditions. The two satellites had been developed under a public-private partnership between the German Aerospace Centre and Airbus in the interest of the commercial marketing for German satellite data. However, the data of high-grade earth remote-sensing system, such as those of the satellites, has been produced by a military satellite and thus used under limited circumstances in Germany. Therefore, a legislation to commercialize the German satellite data and to protect its national security is needed. For this, SatDSiG was enacted in December 2007. Thus this article will contain the main contents of SatDSiG and its implication for Korea, which stared to export data of Kompsat 3, 3A and 5 in 2018.

A Study on the Method of Legislation on Withholding or Withdrawing of LST -In relation to the introduction of adult guardianship- (연명치료 중단의 입법화 방안에 관한 연구 - 성년후견제도의 도입과 관련하여 -)

  • Lee, Eun-Young
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.203-249
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    • 2009
  • It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

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Sustainability in PET Packaging

  • Shin, Yang-Jai;Kang, Dong-Ho
    • KOREAN JOURNAL OF PACKAGING SCIENCE & TECHNOLOGY
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    • v.15 no.3
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    • pp.105-111
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    • 2009
  • In this work, source reduction of poly ethylene terephthalate (PET) packaging are discussed as aspect of sustainability, such as reuse, refill and recycling through the various treatment methods and historical studies for municipal solid waste (MSW) disposal. Since PET has good chemical, physical and mechanical properties, and provides good oxygen and carbon dioxide barrier properties, PET is one of the most widely used thermoplastic polyester in the U.S. and around the world. As the demand for non-renewable PET is increasing, several approaches have been developed to meet economical feasibility and environmental responsibility without degrading material performance. Several companies, such as Coca-Cola Co., Easterform Packaging Co. and Kraft, have tried to develop lightweight PET bottle, and some of lightweight PET bottles are already commercialized. Reuse and refilling for PET container is well developed in Europe, such as Denmark, German and Netherland by supportive legislation and policies. Recycling process is the best way to economically reduce PET waste. In consequence, advanced technique and further development must be provided due to increasing PET packaging waste.

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Analyses of Harmful Substances in Textile Products according to the European Eco-Label Criteria - I (에코라벨 기준에 의한 국내 섬유제품의 분석-I)

  • 최은경;조영달;박경수;이현경
    • Textile Coloration and Finishing
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    • v.15 no.5
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    • pp.340-347
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    • 2003
  • Present situation of Korean textile products regarding European eco-label criteria was assessed by analyzing harmful substances including pH, PCP & TeCP, formaldehyde, heavy metals, cleavable arylamines, allergenic dyes, pesticides, organic carriers, TBT as well as color fastness as the minimum quality requirement. Fabric specimens were submitted from six typical textile companies for product eco-testing. In six product groups selected, arylamines, allergenic dyes, halogenated organic carriers and color fastness were found to be parameters that failed to meet the criteria. Source elucidation of harmful substances were presented with their instrumental analysis results.

A Direction to Korean Countermeasures against Terror Following the Changes in German Countermeasure Policies against Terrors (독일의 테러대응 정책 변화에 따른 한국의 테러대책 방향)

  • Kwon, Jeong-Hoon
    • Journal of the Society of Disaster Information
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    • v.8 no.4
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    • pp.411-418
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    • 2012
  • This thesis aims at presenting the improvements of terror-responsive policy that Korea has to take on the basis of terror threat to Germany and responsive policies. so, First, Korea has to prepare the ways to legislate on terror responsive policies. Second, Korea has to construct a management center to response to terror comprehensively. In addition, Korea, like Germany, has to establish cooperation center related to terror on internet to surveil and analyze information and situation.

A Study on the Enforcement and Characteristics of Environmental Criminal Law in the U.S.A. (미국 환경형법의 특성과 강제절차)

  • 이경호
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.5 no.1
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    • pp.59-78
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    • 1999
  • Although recently vigorous studies on environmental crime have contribute criminal respects to be advanced in our country, most of them are focused on German discussions about the theory of environmental crime or environmental criminal law. As each countries in criminal legislation for environmental protection have some distinctive characteristics not found in others, the study which is more helpful to regulate environmental crime can be extend to other country in the view of comparative law. Thus this Article overviews especially the environmental criminal enforcement program involving civil and administrative enforcement in the United States. Notwithstanding that enforcement is an evolving phenomenon that only recently appeared on the scene, there is widespread public support for it. Once viewed as mere economic or regulatory offence lacking an element of moral delict, environmental crimes now provoke moral outrage and prompt demands for severe sanction and strict enforcement. Many major provisions of modem environmental acts that imposed criminal liability have been added or significantly restructured during the last decade. Notable among them are the imposition of the felony penalties for federal environmental crimes and the enactment of the endangerment crime in federal environmental law. This Article approaches the characteristics of environmental criminal enforcement form introducing major federal environmental acts. It develops the result that, considering the difference that exist between Korea and United States in environmental criminal law, our proper environmental regulatory framework can be constituted.

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Legislation on Genetic Diagnosis: Comparison of South Korea and Germany - With Focus on the Application and Communication Structure -

  • Kim, Na-Kyoung
    • Development and Reproduction
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    • v.19 no.2
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    • pp.111-118
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    • 2015
  • This article explores the questions regarding PND and PID, especially the concrete legal conditions for the justification of PND and PID. As such, the German law stipulating PND and PID in a very concrete and detailed manner is introduced and explained in comparison with the corresponding South Korean law. The South Korean Bioethics and Biosafety Act (BBA) stipulates various types of gene testing and does not demonstrate a delicate sense of each type of gene testing. In contrast to the South Korean regulation, in Germany, there exist specific regulations for genetic counseling. Especially in the case of PND, GEKO stipulates the process of genetic counseling very concretely, based on GenDG. In the case of PND and PID, it is important that the people concerned understand the meaning of testing in various angles, and restructuralize it by combining it with their own values as the diagnosis is directly combined with pregnancy/abortion, which influences the whole life of a woman (and her partner). In this context, the South Korean BBA needs to be amended as soon as possible. The sections on informed consent also need to be amended to make them more concrete. Furthermore, guidelines for concretizing the regulation of BBA need to be continuously formulated and developed.