• Proceedings of the Safety Management and Science Conference
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• 2004.11a
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• pp.289-299
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• 2004

Safety in the laboratory has been a growing interest due to recent recurrences of the fatal accidents such as physical or chemical explosions. It is not easy to determine, to what extents the industrial safety and health law should apply the laboratory. Most laboratory workers are not sufficiently trained and recognized for the generic features of safety and health. The actual conditions of safety and health in the laboratory are not appropriate for laboratory workers. Safety and health in the laboratory is unfortunately in the dead ground. Therefore, it is most imperative to secure safety in the laboratory. This study proposes a method to improve safety in the laboratory.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.123-164
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• 2014

Under the new system of 'Separation of pharmaceutical prescription and dispensing' in Korea, which was implemented in 2000, physician could not dispense a medicine, and outpatient should have a physician's prescription filled at a drugstore. After pharmacist makes up outpatient's prescription, National Health Insurance Service(NHIS) pay for outpatient's medicine to pharmacist, except an outpatient's own medicine charge. And NHIS only pay for outpatient's prescription fee to physician and, physician doesn't derive profit from dispensing medicine in itself. Nevertheless, if physician writes out a prescription with violation of 'Criteria for the Medical Care Benefits', NHIS clawed back the payment of outpatient's prescription and medicine from the physician or the medical institution which the physician belongs to. In the past, NHIS's confiscation was in accordance with 'the National Health Care Insurance Act, Article 52, Clause 1'. But, since 2006 when the Supreme Court declared that there was no legal basis on the NHIS's confiscation of outpatient's medicine payment, NHIS had put in a claim for illegal prescriptions on the basis 'the Korean Civil law, Article 750(tort)'. So, Many medical institutions filed civil actions against NHIS. The key point of this actions was whether the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits constitute of the law of tort. On this point, the first trial and the second trial took different position. Finally the Supreme Court acknowledged the constitution of the law of tort in 2013. In this paper, the author will review critically the decision of the Supreme Court, and consider the relativeness between the legal effect of Criteria for the Medical Care Benefits and the constitution of the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits as the law of tort.

• Journal of Ginseng Culture
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• v.5
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• pp.77-96
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• 2023

This study looks at the origin of a wild-ginseng, Korean ginseng, and traces the origin of associated wild-ginseng digging customs back to the Annals of the Joseon Dynasty. These historical customs helped Korea gain control over its wild ginseng resources following Japanese colonization acts, Korea's present-day forest laws, and Korean Civil Law. Prior to Japanese colonial rule in Korea (1910-1945), ginseng digging was a common custom, but Imperial Japan distorted Korea's own legal principles of the public rights of wild-ginseng digging during this colonial period. Distorted legal principles concerning digging customs continued after Korea's liberation from Japanese rule and were maintained until the enforcement of the Korean Civil Law in 1960, when legal principles of the right of common were changed to special servitude. The origin of the right of common can be found in the Sichojang of the Joseon Dynasty. The Sichojang, a place where local residents jointly collected firewood and fed livestock, was the minimum right to life and interest at the time. Since the right of common was the right to life, Imperial Japan attempted to abolish it, but it was never successful. In addition, distorted legal principles have been maintained in present-day forestry-related laws and regulations. Over 75 years since the liberation from Japanese rule in 1945, it is imperative to break away from the distorted legal principles and acknowledge that digging custom rights have changed from common customs to a special servitude under Korean Civil Law. Hence, an organization of wild-ginseng diggers is an unincorporated association, and their wild-ginseng digging customs can be constituted as a special servitude. Hence, their practices should be considered valid under customary law. Through this, it will be possible to clarify the legal nature and grounds for ginseng-related wild-ginseng digging activities, as well as the civil responsibility for the activities of wild-ginseng diggers.

• The Journal of Korean Philosophical History
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• no.29
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• pp.125-152
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• 2010

The main purpose of this dissertation is a introductive proposal to reconstruct confucian moral principles. The most classical question in moral principles is : what is the good. In order to reconstruct confucian moral principles, this dissertation begin with question of what is the good in confucian moral principles. Confucianism believe in reality of the human good mind and good nature. Confucian the human good mind and good nature is comprised of benevolence, righteousness, propriety and wisdom. Benevolence, righteousness, propriety and wisdom(四德) is the origin of morality. Confucian's moral principles of human relationship is none other than conscientiousness and altruism. Conscientiousness is a principle of self-cultivation and self-revelation. As to altruism, confucious said, "the man of perfect virtue, wishing to be established himself", or "do not impose on others what you do not desire others to impose upon you." Altruism is rectified as a principle of reciprocity methodology of the making of whole kingdom peaceful in The Great Learning. Confucian golden rule(conscientiousness and altruism is equal to Kantian categorical imperative in The Fundamental principles of Metaphysics of Ethics. : Act only on that maxim through which you can at the same time will that it should become a universal law ... etc. Kant's three principles of moral philosophy(Categorical Imperatives) imply that the idea of universality, freedom, and the kingdom of ends. We contrast confucian moral principles with Kant's three principles of Categorical Imperatives. In conclusion, confucian moral principles implicate Kant's principle of universalizability and impartiality.

• Korean Medical Education Review
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• v.21 no.3
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• pp.143-149
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• 2019

In 2018, The Ministry of Health and Welfare announced its first comprehensive plan for patient safety, which included the imperative to develop a patient safety curriculum for students studying to become health professionals. The aim of this study is to assess current patient safety education and points of consideration for introducing new curriculum. An online survey was used to understand the status of patient safety education in medical schools, and key informant interviews and focus group interviews were used to collect qualitative data on the experience of patient safety education. The results of the online survey from 16 out of 40 medical schools (40% response rate) and the qualitative data analysis were integrated and analyzed. Twelve schools (75%) had established courses related to patient safety. The qualitative responses suggest that patient safety education is appropriate both before and after clinical training through a variety of educational methods, and that the topics should be linked with clinical training. The challenge of securing lecture time to address patient safety was mentioned as a realistic obstacle. When patient safety education is integrated in future curriculum, it is necessary to consider it as a priority. Moreover, in the early stages of introducing patient safety education, a step-by-step, policy-based approach is required for seamless adoption and settlement.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.49 no.5
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• pp.425-435
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• 2021

It is imperative to examine the regulatory trends of leading overseas aviation authorities to accelerate the effort to integrate emerging new air vehicle concepts such as UAS and eVTOL into the existing national airspace system. Whilst EASA seems to react swiftly in relation to regulatory framework by proposing new sets of customised special conditions to cope with a growing demand to introduce new aircraft concepts, understanding of such movement lags behind mainly due to the complexity of EASA's regulation structure, not to mention EU's legal system. Witnessing this situation, this paper reviewed the legal system of the EU which forms the basis of EASA's regulation system together with its own recently published UAS regulations so as to contribute towards the improvement of the aviation regulatory framework.

• Journal of The Geomorphological Association of Korea
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• v.18 no.1
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• pp.73-83
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• 2011

The aim of this paper is to explore the concept, backgrounds of an geopark's origin, and activity of geopark in geography, and to debate the Korean name of the geopark (or geological park) in controversial. Geopark starts with the collaboration between International Geographical Union(IGU) and International Union of Geological Sciences(IUGS). However, the intention which is establishing the law of geopark (or geological park) within a specific academic realm in Korea, would be wrong. The reason for this argument is that activities in Geopark have aspects of the conservation of natural heritage as well as geomorphological and geological one. Therefore, geopark should not be focused upon a specific academic realm. The geological scope alone seems to be limited. That is why "GEO" is more than geology. "GEO" involves geographical and geomorphological issues as well. Within this context, in Korea where is in the quickening period of geopark, the discussion and agreement with the Korean name of geopark are absolutely imperative.

• Journal of Korean Philosophical Society
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• v.142
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• pp.1-25
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• 2017

Kant's doctrine of virtue shows how an actor should behave morally in an individual situation with moral law defines the limits of human action. There is latitude for action in the course of formulating the maxims of action by an actor. And moral judgement, as Aristotle's Pronesis, is very important in the latitude for action. In the doctrine of virtue, Kant suggests two kinds of duty of virtue: one's own perfeciton as an obligatory end, and the happiness to others as an obligatory end-and raises the question of casuistics for each. However, this was the practice and training for the human moral life by application of the moral law. In particular, Kant saw that ethics does not give laws for action, but only give laws for the maxims of action, and further intended to realize the practice in a proper way of seeking truth through casuistical questions. Thus, Kant points out that the casuistic is related only to ethics in a fragmentary way and is added to ethics only as a comment on the system. According to Kant, virtue and judgment are inevitable to apply categorical imperative in the empirical and realistic world. In other words, virtue and judgment are necessary to enable people who are likely to act in accordance to inclination to live a moral life in accordance with the command of reason. Thus Kant saw that in order to take wide duty into narrow ones, human beings must not only have to cultivate virtues as a strong power of will, but also to exercise judgment. In addition, the distinction between duty of law(narrow obligation) and duty of virtue(wide obligation) is dependent on whether there is a latitude for action in the application of both duties. So the role of virtue and training of judgement is very important in the latitude for action that occurs in the process of formalizing actor's maxims. In detail, as the duty is wider, so man's obligation to action is more imperfect, but the closer to narrow duty(Law) he brings the maxim of observing this duty(in his attitude of will), so much the more perfect is his virtuous action. Thus, it was an effort to show how Kant's best moral principles, that is categorical imperative could be applied to the real world at the time of criticism. Of course, even if it is difficult to assess Kant's efforts as successful, criticizing Kant's ethics as 'formal', 'abstract', or 'monologous' is not persuasive because of critics did not understand his ethics as a whole.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.119-142
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• 2013

It is not easy to regulate the amount of radiation used for the medical purpose as there usually is more good than harm to the patient's health and life caused by the medical exposure to the radiation. However, the rapid increase of the use of diagnostic radiation involves a high possibility of increasing the radiation hazard exposure. Therefore, it is imperative to implement effective regulations in order to secure the safety of diagnostic radiation. The one and only rule we currently have for the diagnostic radiation is "Medicine Act" with only one clause dedicated to regulate the safety management that does not include any rules for the medical radiation. A set of inclusive rules for the whole medical radiation inclusive of diagnostic radiation and therapeutic radiation need to be based on the "Medicine Act" rather than "Nuclear Safety Act" in order to protect the medical professionals, patients and the guardians of patients from the hazards of diagnostic and/or therapeutic radiation that was not used the purpose of medical treatment. If there is an administrative measure to be imposed to secure the safety of diagnostic radiation, it is considered as exertion of governmental authority of administrative agency. There must be clear and realistic legal guidelines for in-fringe on people's interests. The administrative measures for the safety management of the diagnostic radiation must be clearly and specifically based on the law and the detailed standards for the administrative measures must be dele-gated by the presidential decree or departmental ordinance. Accordingly, the restrictions imposed by the administrative measures to the "Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes" should have clear legal basis as well and the detailed standards for the administrative measures should be regulated by the Ministry of Health and Welfare decree instead of the notification by the Director of Korean Centers for Disease Control and Prevention. While securing the safety of radiation on one side, careful review and up-grade on our legal system for the safety management of the diagnostic radiation is required on the other side to guarantee the legality, interest balance and reliability of the administrative measures.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.459-462
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• 2021

The article examines the main problems of land market formation in Ukraine. The article is devoted to the study of problems and prospects of land market introduction after the abolition of the ban on alienation. The advantages and disadvantages of lifting the moratorium on the purchase and sale of agricultural land are highlighted. The experience of such European countries as France, Germany, Latvia, Romania and Poland in regulating the market of agricultural lands is analyzed. The historical stages of market formation, features of state policy in this area are considered. The authors found that in these countries the market for agricultural land is well developed and works effectively, which has positive consequences for the economy of these countries. After analyzing the experience, we identified common elements of an effective mechanism for regulating the land market in European countries, which can be implemented in Ukraine. It is emphasized that after the opening of the land market it is necessary to prevent the concentration of a large number of agricultural lands in the hands of one person or close persons and it is necessary to create an effective supervisory body, whose main functions will be supervising sales prevention of speculation in the land market. Emphasis is placed on the need to improve legislation in the field of land, organizational and informational conditions for land reform. The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Circulation of Agricultural Land" was analyzed, the adoption of which put an end to the systematic extension of the moratorium on the sale of agricultural land. The positive aspects of such reservations are noted, such as the gradual introduction of the land market, quantitative restrictions, the lower limit of the value equivalent, which can not be less than the normative monetary value. At the same time, the problem is that the lack of an imperative norm on termination of the lease agreement in case of refusal of the lessee to purchase such land at a price not lower than expert assessment, will negatively affect its price formation and actually make the landlord hostage.