• Health Policy and Management
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• v.28 no.3
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• pp.222-225
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• 2018

Health policy is a historical product in the process of development, including the political and economic factors of the state as well as the social and cultural elements of the country. Bioethics began to debate the ethical questions that arise in the overall process of life's birth and death, and gradually evolved by presenting ethical directions for various social phenomena. Especially, according to the moral awakening of 'scientific medicine' which caused in some human problems in the rapidized scientific society from the late 19th century to the early 20th century, as a result of distress including the concept of various social relations, it is possible to say that it has reached the bioethics. Although health policy and bioethics are different in terms of starting and concept, they can be found in common with social, cultural, and political diversity in the times. In 2004, 'Bioethics Law' was enacted through the issue of research ethics in the life sciences. Therefore, in order to examine ethical aspects of current health policy direction and major issues, it can be divided into before and after enactment of 'Bioethics Law' in 2004. The authors would like to examine how the evolution of the ethical viewpoint on the health policy has changed in line with the enactment of the 'Bioethics Law' and how it is trying to solve it from an ethical point of view. Through the various events that took place in the 1990s and the 2000s, various discussions on bioethics were conducted in Korea. Prior to the enactment of the 'Bioethics Law,' ethical judgments of professions, distribution of healthcare resources, if the discussion focused on the ethical judgment of abortion, and the various events that appeared in the early 2000s became the beginning to inform that the ethical debate about the life, death, and dignity of human beings began in earnest in Korea with the enactment of the 'Bioethics Law.' Since then, 'Hospice and Palliative care Law' which was enacted in 2017, is based on the fact that the health policy of our country focuses on the treatment of the past diseases, health promotion, and delivery of health care services. It was an opportunity to let them know that even the quality problems were included. Therefore, considering the various circumstances, the ethical issue facing Korea's health care system in the future is the change of the demographic structure due to aging and what is to be considered as the beginning and the process of life in the overall process of life. It is the worry about how to die and when it sees as death. This has far exceeded the paradigm of traditional health care policies such as disease prevention and management and health promotion, and calls for innovative policy response at the national level that reflects the new paradigm, which in many cases creates a predictable ethical environment. And health policy should be shifted in the direction of future ethical review considering sustainability in the development process of future health care rather than coercive management.

• Journal of Families and Better Life
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• v.15 no.1
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• pp.41-52
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• 1997

This paper explored the public issue on housework analyzed the policy and the law associated housework and developed the theorical model for its political program. This idea is dependent that the policy has priority over change of the social ideology. That policy contains a campaign and a education to be aimed to share of housework in order to make responsibility of men as well as women on family and work. Also it contains economic value estimates to quantify and value the non-wage work(childcaring homemaking etc.) in order to confirm its productive activity. It would assume the lawful form as like a social security or a pension. For example the Family Rights Law Tax Law and Social Security Act have to be reflected on the value of housework and to be secured the social status of provider. After all this work was useful to improve a wage and a social status of all women. As consistent policy and operation associated housework are poor in Korea it is difficult to develop theoric l model on this theme. On the range a political proposal on housework would be bound by family policy(evaluation of housework) and women's labor policy(housework support). So the policy intend to secure a family life to improve welfare of women and to equilibrate the family and the work.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.23-50
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• 2008

In a global economy where, private parties increasingly favour arbitration over litigation, many foreigners are unfortunately reluctant to arbitration with China's parties because the China national courts do not scrutinize the merits when deciding whether to recognize and enforce foreign awards. As a result, the finality of arbitral awards hangs in uncertainty. Overseas concern is that China's courts may abuse "Public Policy" grounds provided for in the New York Convention to set aside or refuse to enforce foreign awards. The purpose of this article is to examine the distrust to enforcement of arbitral awards whether that is just an assumption. In spite of the modernize and internationalize her international arbitration system and many reforms provided in the related law and rules, the most vexing leftover issues are caused of the lack of "rule of law" in China. This situation imply the risk of pervert 'Public Policy' as the ground for refusing enforcement of arbitral awards. Some cases reflect the fear. But it is unclear whether those cases caused from the lack of "rule of law" in China. Same uncertainty present between Hon Kong-China under th one country-two legal system after the return of Hong Kong to China on 1 July 1997. While China is striving to improve its enforcement mechanism in regard to the enforcement of arbitral awards, it can only be expect following the establishment of rule of law in the future.

• Journal of Community Nutrition
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• v.5 no.2
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• pp.59-64
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• 2003

The National Nutrition Survey in Japan (NNS-J) started in 1945 and has provided information on dietary intake and health status of Japanese citizens to the public and policymakers for more than half a century. We summarized several relevant issues on the survey in this report : the current framework of the NNS-J in accordance with the Nutrition Improvement Law, utilization of the survey for nutrition and health policy in Japan, the Health Promotion Law recently enacted in 2003, the national plan for health promotion and disease prevention (Health Japan 21), and possible measures to improve the survey systems under the new law. We also mentioned implementation structures of regional health and nutrition surveys, because the Health Promotion Law designates an active role of local governments on promoting health for their citizens, which will enhance the needs for appropriate assessment of health and nutrition conditions in each community as well as the monitoring at the national level. (J Community Nutrition 5(2) : 59-64,2003)

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.35
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• pp.101-124
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• 2007

This paper purposes to examine the setting aside and the refusal of enforcement of arbitral awards and their implications for practitioners. The aim of challenging an award before a national court at the seat, or place, of arbitration is to have it modified in some way by the relevant court, or more usually, to have that court declare that the award is to be disregarded (i.e. "annulled" or "set aside") in whole or in part. If an award is set aside or annulled by the relevant court, it will usually be treated as invalid and accordingly unenforceable, not only by the courts of the seat of arbitration but also by national courts elsewhere. This is because, under both the 1958 New York Convention and the UNCITRAL Model Law, the competent court may refuse to grant recognition and enforcement of an award that has been "set aside" by a court of the seat of arbitration. The New York Convention set out various grounds for refusal of recognition and enforcement of an arbitration award. The provisions of the Model Law governing recognition, enforcement or setting-aside of awards are almost identical to those set out in the Convention. Especially, the New York Convention and the Model Law state that an arbitral award may be refused and set aside if a national court of the place of arbitration finds that the award is in conflict with the public policy of its own country. Each state has its own concept of what is required by its "public policy". It is possible to envisage, for example, a dispute over the division of gaming profits from a casino. In many states, the underlying transaction that led to the award would be regarded as a normal commercial transaction and the award would be regarded as valid. Indeed, it is a consistent theme to be found in the legislation and judical decision of many countries. If a workable definition of "international public policy" could be found, it would provide an effective way of preventing an award in an international arbitration from being set aside and refusal for purely domestic policy consideration.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.245-271
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• 2015

The downing of the MH17 reminds the world that the international civil aviation is not as safety and security as people expected. Such tragedy is partly due to the risk and danger of the armed conflict zones, but is more attributed to the ignorance to the international law by the responsible parties concerned. International laws applicable to the armed conflict zones shall be strictly followed, and the reparation shall be provided to the victims, otherwise such disaster could not be avoided in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.211-245
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• 2003

While the necessity of introduction of legislative enactment for military aircraft operation became more evident especially after the Aviation Law that has recently been revised, the prospects of such legislative action in which adopts the unique nature of aircraft need to cone to life more than ever. Here lies our efforts to analyze the problems of Military Airbase Law, to introduce status of military-related legislations in other countries, and to examine legislative support system and overall direction for the legislative enhancement by presenting and discussing necessary subject matters m an endeavor to enact or revise the military-related aviation law.

• Health Policy and Management
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• v.5 no.1
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• pp.106-131
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• 1995

Nowadays there are a lot of medical accidents and medical disputes in Korea. Our government has made efforts to legislate The Medical Disputes Conciliation Law for several years. But this law has many problems. These problems are followings. 1. the problem of going certainly through compulsory screening panels before coming to court. 2. the possibility in making the impartial screening panels for malpractice claims 3. the utilization of a mutual aid association to have low efficiency in paying for damages by medical malpractice and so on. To resolve medical disputes rapidly, we must legislate The Medical Disputes Conciliation Law in a short time. However, all medical disputes are not rationally dissolved by only this law, The Medical Lsw(Arztrecht) is needed to improve the solubility of medical disputes through setting up the decision criteria.

• Asian Journal of Innovation and Policy
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• v.4 no.1
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• pp.19-34
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• 2015

Silicon Valley's legal foundation in recent years has surfaced on the radar of policy planners who model Silicon Valley's information and communication technologies (ICT) industry. Precisely, the prohibition of covenants not to compete (CNCs) is linked to firm-to-firm knowledge spillovers by way of mobile workers positioned as nodes in a system of innovation. Meanwhile, traditional frameworks support enforcement of CNCs as a way to encourage R&D activities to the worker and to prevent the worker's tacit knowledge and know-how from fleeing. Amidst the battle for the restraint or release of human capital, we present an industrial approach to reconcile the ostensible strife between enforcement and prohibition frameworks. Theoretically, we contend an industrial approach can maximize the policy tools of discorded planners. Moreover, this article newly compares the ICT industries of Silicon Valley and Route 128 to argue that California's law is a unique factor in the greater success of Silicon Valley firms.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.21
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• pp.41-54
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• 2003

The MIA 1906 is a very important rule for the practitioner in Korea since it is often selected as the governing law under the contract of cargo insurance. And we are using both the S.G policy and the new MAR policy. The new MAR policy has the basically different form of cover compared with the S.G policy. So we are a little confused whether some risks are covered or not under the selected clauses. The author considers which risks are covered or not under the specific clauses and compares the Institute cargo clauses with the MIA 1906.