• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.67-101
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• 2023

The utilization of generative AI in the medical field is also being rapidly researched. Access to vast data sets reduces the time and energy spent in selecting information. However, as the effort put into content creation decreases, there is a greater likelihood of associated issues arising. For example, with generative AI, users must discern the accuracy of results themselves, as these AIs learn from data within a set period and generate outcomes. While the answers may appear plausible, their sources are often unclear, making it challenging to determine their veracity. Additionally, the possibility of presenting results from a biased or distorted perspective cannot be discounted at present on ethical grounds. Despite these concerns, the field of generative AI is continually advancing, with an increasing number of users leveraging it in various sectors, including biomedical and life sciences. This raises important legal considerations regarding who bears responsibility and to what extent for any damages caused by these high-performance AI algorithms. A general overview of issues with generative AI includes those discussed above, but another perspective arises from its fundamental nature as a large-scale language model ('LLM') AI. There is a civil law concern regarding "the memorization of training data within artificial neural networks and its subsequent reproduction". Medical data, by nature, often reflects personal characteristics of patients, potentially leading to issues such as the regeneration of personal information. The extensive application of generative AI in scenarios beyond traditional AI brings forth the possibility of legal challenges that cannot be ignored. Upon examining the technical characteristics of generative AI and focusing on legal issues, especially concerning the protection of personal information, it's evident that current laws regarding personal information protection, particularly in the context of health and medical data utilization, are inadequate. These laws provide processes for anonymizing and de-identification, specific personal information but fall short when generative AI is applied as software in medical devices. To address the functionalities of generative AI in clinical software, a reevaluation and adjustment of existing laws for the protection of personal information are imperative.

• The Korean Journal of Archival Studies
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• no.15
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• pp.67-93
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• 2007

This article deals with the short history from 1999 to the present time, how the Korean record and archives management world had grown up, and what the development of the branch of records and archives studies resulted in. First of all, it is looked out upon the transition and feature of each initiative bodies of records management, containing the records producing body, records and archives management body, records and archives professional body, and civil society. As a result, this article points out the disequilibrium state of the records producing body and civil society, for all the growth of records and archives management institutions and records and archives professionals. During the time of establishing the law, the Korean records and archives management had been made a rapid progress by some part of the leading group being to Korean Records and Archives Service and the society of professionals. But it is estimated only the malformed development depending on the model of elites, although we could achieve the establishment of Korean Records and Archives Act. The condition of records and archives management of the Participation Government was distinguish from the state of former times, being driven up the renovation of records and archives management. The main power of the renovation was sought our by overcome of the elite model with the development of archival institutions and professionals extending wide range. Particularly professionals to accept the education of graduate school grew up in quantity and quality and then they let the pattern of the collaboration with archival institutions rake root in Korea. As The Road Map on the Renovation of National Records and Archives Management was made, the government put into practice, so the management of records and archives in Korea could take a step of steady and continuous growth. But the development of the records producing bodies and civil society is staying at the low level as yet. Accordingly it is expected to have the most important means that the professional instruction become to normalize and archivists who posted in public agencies after graduating professional education program discharge their duties. And each public agencies have to speed up to set up the institutions for records management including some archivists so that overcome the condition of underdevelopment as fast as possible.

• The Korean Journal of Archival Studies
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• no.11
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• pp.15-40
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• 2005

'Governance' is a subject that is widely discussed these days in the government and the academic world. I think that the new concept, 'governance', is a strategy to develop the democracy of the society in its institutional and functional aspects. When we are going to discuss about governance, public records and their relationships, without understanding the meaning of 'public' in Korea, we cannot expect to discuss the matter precisely. It is said that Korean public service sectors are awash with authoritarianism and unreasonableness, and that they are at the center of seething corruption and bribe scandals. It is the legacy that the regimes adopted in the aftermath of the Japanese colonial rule for 35 years. The colonial legacy included not simply the practice of the Japanese colony, but also people who had collaborated the Japanese. The American military government and Rhee, Sung-Man regime also appointed the same officials to government posts. As was the same case in other areas including economy, press, education, politics, law, etc. In this point of view, "Righting historical wrongs", a controversial issue now in Korea, aims at establishing the right relationships between an individual and the public, and eventually laying the foundation of democracy for future generation, a procedure of achieving good governance. Apparently, Korea has made progress in developing democracy, as well as in reforming the government policy and organization. Many independent commissions are performing the projects instead of the government institutions that mandated to do the job, but has not played their roles. The e-government projects in Korea was launched in 2001 by the former administration. However, the confusion of records-management after the promulgation of the act is the result of the lack of strategy and the inconsistency of the vision. Good record-keeping supports effective, transparent and accountable government. Accountability is a key element of good governance. It is a recognized fact that without information, there is no guidance for decision-making, and accountability. Thus without records, there is no accountability for the decisions of actions. Transparency means that the decisions taken and their enforcement are carried out based on led-out rules and regulations. When both accountability and transparency are non-existent, good governance is bound to fail. Archival institutions have to give an attention to inner-governance because of the new trend of archival practice, namely 'macro-appraisal'. This 'macro-appraisal' is a kind of a functions-based approach. However, macro-appraisal focuses not just on function, but on the three-way interaction of function, structure and citizen, which combined reflect the functioning of the state within civil society, that is to say, its governance. In conclusion, the public and democracy are major challenges in the Korean society. The so-called good governance requires good record management. In this respect, records managers are in the front line of instituting good governance, and achieving better public and democracy for future generation, a procedure of achieving good governance.

• Korea Trade Review
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• v.42 no.2
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• pp.205-225
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• 2017

The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

• The Korean Journal of Air & Space Law and Policy
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• v.9
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• pp.85-143
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• 1997

The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

• The Journal of the Korea Contents Association
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• v.13 no.12
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• pp.484-493
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• 2013

The Korean Government has provided public rental housing to stabilize civilian dwelling. However, unreliable management of public rental housing threatens the stability of residency. This study analyzes the default of public rental housing and the cause of default through a case study, which was intended for the residents in apartment complexes in danger of default. It also suggests countermeasures to cope with the problem of public rental housing. The results are listed as follows. First, rental housing apartments contribute a lot to the housing stability policy. On the other hand, the default of housing development, which is derived from the bankruptcy of housing management companies and the negligent control of government, brings about a serious problem for housing stability. Second, although the government has made a steady effort to solve this default problem, 9000 residents from 8 apartment complexes in Korea have experienced extreme unstable residency. Third, there are many causes for the default of public rental housing such as unqualified management companies and cursory monitoring by the government. The fundamental solution is to prevent public rental housing management companies from managing, or to build a new management system of public rental housing. To solve this problem, it's recommendable to delete the application term in the special law on the default of public rental housing so that it can be applied to all default apartments. If it is not possible to perform the policy for financial reasons, a new supply of civil housing provided by private companies needs to be re-examined completely or banned.

• Convergence Security Journal
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• v.14 no.3_2
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• pp.83-91
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• 2014

International society got a severe shock from terrorism of hostage, abduction and murder that was committed on a target of Israel athlete delegation in Munich Olympics, West Germany by Black September, a Palestine terrorism organization. Korea with 1986 Asian Games and 1988 Olympics ahead was directly and indirectly exposed to threats of North Korea's nation-support terrorism, a military provocation and a local war limited warfare. This study explores the roles of the police at the time of the National Police Headquarters with regard to counter-terrorism, and analyzed academic research trends of Studies of Counter-terrorism published by the same office between 1983 and 1990. Looking into them shows a fact firstly, that the most frequently appearing key words in common were "terrorism," "hostages," "measures," and "international," etc. Secondly, before and after 1988 Olympics, the key word "Olympics" was frequently addressed. Thirdly, looking at the difference by the year, the key word, "policies of defense and borderlands" was frequently addressed between 1983 and 1984, "terrorism against South Korea," and "civil aircraft" frequently addressed in 1985, and "corporate" in 1986. In 1987, the key word "terrorism trends" was addressed, and in 1990, "international terrorism," and "separatism" were used.

• The Journal of Industrial Distribution & Business
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• v.9 no.6
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• pp.37-47
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• 2018

Purpose - In this study, the safety related tasks for low cost carriers' were examined and measures to improve them were suggested. As the air demand increases rapidly, number of passenger has mushroomed in Korea and in order to keep with the demand low cost carriers have played a role. However, low cost carriers' safety related tasks are not reliable level so far. Thus, in this study, the low cost carriers' current situations in terms of safety are investigated, especially regarding how well the ICAO's new safety policies are applied. Research design, data, and methodology - The results of the Ministry of Land, Infrastructure and Transportation' investigation are introduced and field study results are analysed. Current status of retaining experts, staffs, administrators in terms of aviation safety tasks of low cost carriers is compared to those of major airliner and low cost carriers' aviation safety culture is also analyzed by examining the systems and questioning staffs. Especially the culture regarding aviation safety is very important because the culture surrounding the safety tasks plays a major role in every respect of conducting the tasks. Results - Overall the current status of low cost carriers' aviation safety tasks is below standard. Especially retaining experts and staffs is basically below the required level. Also, system and organization to conduct safety tasks are not satisfactory. In particular, aviation safety culture is not settled to operate appropriately. Conclusions - The International Civil Aviation Organization (ICAO) and member states are continuing to launch new safety policies in response to the surging demand for air travel worldwide. The most urgent and important issue among the various safety policies is to reduce air accidents. In order to reduce the number of accidents, ICAO decided to reduce the number of accidents by using the Reactive Safety Management. ICAO has to ensure that each member country can implement proactive safety management for aviation safety. A safety management system (Safety Management System) is a system in which each member state implements a fulfillment standard. The current situation and problems of the safety management system for each airline are suggested and proposed for improvements.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.20 no.5
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• pp.202-217
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• 2021

Following the fatal accident of pedestrians caused by Autonomous Vehicle by Uber, the world's largest ride-hailing company, two people were killed in a self-driving car accident by Tesla in April. There is a need to ensure the safety of road users. Accordingly, in order to secure the safety of Autonomous Vehicle driving, it is necessary to evaluate Autonomous Vehicle driving technologies in various situations based on the road and traffic environment in which the Autonomous vehicle will actually drive. Therefore, this study used UC-win/Road ver.14.0 based on general driver's license test questions to present a virtual reality-based Autonomous Vehicles driving ability evaluation tool among various driving ability test method. Based on this, it was intended to test driving ability for unexpected situations in complex and diverse driving environments, and to confirm its practical applicability as an optimal tool for Autonomous vehicle ability test and evaluation.