• The Korean Society of Law and Medicine
• /
• v.8 no.2
• /
• pp.291-328
• /
• 2007

Under the present law, a medical corporation has the legalistic character of a noncommercial corporation and its commerciality is restricted by public service. In a recent precedent, however, a judgment has considered the service part in medical practice. The tendency of a precedent is that both commerciality of a medical institution and medical corporation are allowed to be pursued under fundamental order-observance. This change is found in china and india, which consider a medical service as national industry. In the case of ours, the now government demonstrate the industrialization or the market of medical service through promotion of commerciality of a medical corporation. This paper deal with the meaning of a medical corporation and the present condition of medical market under the present law and recommends a tendency of law policy through study of foreign's and our precedent for commerciality of medical advertisement and medical corporation.

• Journal of Arbitration Studies
• /
• v.33 no.2
• /
• pp.3-21
• /
• 2023

Chinese law does not directly stipulate the criteria for determining the nationality of arbitral awards, and the Civil Procedure Law stipulates that arbitral awards are divided into domestic arbitral awards and foreign arbitral awards based on the location of the arbitration institution managing the arbitration cases. This indirectly classifies the nationality of the arbitral award based on the location of the arbitral institution. However, with regard to the nationality of eight arbitral awards in this paper made in China by the foreign arbitration institutions, the Chinese courts determined the nationality by arbitrarily selecting the criteria for the location of the arbitration institution and the criteria for the place of arbitration, except for arbitral awards made in Hong Kong. China's unclear attitude toward the criteria for determining the nationality of arbitral award has resulted not only obscures the country that can exercise the right to revoke arbitral award, but also obscures the laws and regulations applied to the approval and execution of arbitral awards. In other words, since the right to revoke the arbitral awards resides with the country of nationality of the awards, such an ambiguous attitude in China prevents the parties from responding to the cancellation lawsuit by predicting the nationality of the arbitral awards in advance. Furthermore, since China made a declaration of reciprocity reservations while joining the New York Convention, in cases where the criteria for location of the arbitral institution is applied, if the arbitration institution belongs to a contracting state, the it must apply the New York Convention to approve and execute arbitration decisions, but if it is not a contracting state, it must be approved and executed by mutual arbitration agreements or reciprocity principles. These results can lead to different results in approval and execution of the same arbitral awards depending on how the nationality is determined.

• Convergence Security Journal
• /
• v.19 no.2
• /
• pp.123-128
• /
• 2019

In March 2016, the Korean National Assembly passed the Counterterrorism Act called as "Counterterrorism Law for the Protection of the People and Public Safety", and relevant functions and roles of the counterterrorism institution were granted based on the law. However, a number of problems have been raised in the course of the job performance of the counterterrorism related institution, and various improvements have been discussed. This study conducted 'Analytic Hierarchy Process(AHP)' on the experts to identify the issues related to the improvement possibilities of the counterterrorism system that had been discussed previously. The results of the analysis to improve the current counterterrorism system are as follows. First, the priorities of the top factors were identified as in the order of legal institutions, cooperation, and operational aspect. Next, the priorities of the individual sub-factors were identified as the reorganization of the counterterrorism task force, the organic cooperation of domestic counterterrorism institution, and the cultivation of specialized human resources for anti-terrorism work. It was found that we should discuss the reorganization of counterterrorism institution as a policy consideration to improve the counterterrorism system.

• Journal of Arbitration Studies
• /
• v.27 no.4
• /
• pp.35-60
• /
• 2017

Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. Parties often seek to resolve disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: Arbitration is generally faster and more inexpensive (cheaper) than litigation in court. The Republic of Korea enacted the "Arbitration Industry Promotion Act" to develop arbitration. This law provides for the establishment and operation of arbitration institutions, training of arbitration experts, and support of arbitration studies and international exchanges. Effective operation of an arbitration institution has an important influence on the development of arbitration. Neutral and good arbitration experts improve the authority of arbitration. The academic study of arbitration theoretically develops the arbitration procedure. In addition, this paper referred to some additional factors that South Korea should have in order to become an attractive place of arbitration. Neutrality and fairness of the court of arbitration are highly important factors in arbitration. Therefore, the arbitration institution should be operated independently and clearly from the government to ensure neutrality and fairness. The parties of arbitration should also be free and able to defend their interests sufficiently in the arbitration proceedings. Lastly, coordination between this law and other laws is necessary.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.473-493
• /
• 2016

If a certain country or an arbitration institution hopes to keep ahead of the fierce competition in the international arbitration market, it needs to develop hardware factors, such as i) Facility and Infra, ii) Geographical Location, iii) Professional Staff, iv) Global Network, v) Capital, and vi) Arbitrators & Practitioners etc., along with software factors including i) Arbitration Rules of Law, ii) Court's Support, iii) International Convention, iv) Political Risk, and v) Education Environment, which are the most critical requirements in the development strategy for international arbitration. Having perceived the above situation, the Korean government has been working on amending the Korean Arbitration Act to reflect global advanced practice of international arbitration, and seeking to enact laws that will promote our arbitration industry and create a more arbitration-friendly environment. The KCAB is also currently revising both the domestic and international arbitration rules in accordance with these national efforts. Under these circumstances, this paper examines how major leading international arbitration institutions manage their secretariats and suggests how the KCAB can compose and manage its Secretariat to gain a competitive advantage over rival institutions.

• The Korean Society of Law and Medicine
• /
• v.8 no.1
• /
• pp.215-234
• /
• 2007

The mission of the doctors is to take care of human life, body and health through the medical behaviors such as diagnosis and treatment. Under this job propensity, the doctors have care duty to take the best actions required to prevent the risk according to the patients' specific disease status. Such care duty of the doctor may be evaluated based on the medical behavior level at the medical institution and clinical medical study field. Such medical level should be understood in the normative level, considering the treatment environment, condition and specialty of the behavior, because it means the medical common sense known and acknowledged to the normal doctors. While the criminal suit requires the evidence for no doubt conviction, the civil suit requires more eased different standard. The results between the criminal and civil sentence may be different, because the confirmed former case may lead to long-term imprisonment and even death penalty, while the latter case puts only monetary penalty on the defeated party.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.38
• /
• pp.155-180
• /
• 2008

The purpose of this paper is to examine the major elements of Arbitration Clause in international investment contracts and to help the investor, especially foreign investors, considering these elements when they draft the contracts. First of all, to describe the extent of the arbitrable issues broadly is very important by using the phrase such as "disputes in connection with". Furthermore in order to be enforceable, the issues must be a subject-matter to be submitted to arbitration in accordance with the laws of the place of arbitration and the law application to the merits of the disputes (N.Y. Convention, Art. II). Second, the appointment of the arbitrators usually shall be based on the principle of freedom of contract. If the parties do not agree on the appointment, it is decided in accordance with the arbitration rules of the institution by the tribunal. Third, the procedural rules of the arbitration are the arbitration rules of the arbitration institution in case of institution arbitration, unless otherwise agreed. Forth, what is the most importance element of Arbitration Clause is the place of arbitration. In this case, also the principle of freedom of contract has priority. Unless otherwise agreed, Washington is the place of arbitration in case of ICSID Arbitration, but in case of ICC Arbitration, neutral third country may be the place of arbitration. However in case of ad hoc arbitration, both parties should indicate the place. If not, the whole arbitration may be paralysed by an uncooperative party. Besides the major elements, I examined the relation between the arbitration clause and award enforcement in terms of sovereign immunity. The enforcement of awards in the field of state contracts many encounter the problem of the sovereign immunity, which means that the State itself or the State enterprise is the contract partner. To avoid the this problems, it is advisable for the parties insert the clause such as ICSID Model Clause XIX.

• The Korean Society of Law and Medicine
• /
• v.17 no.2
• /
• pp.281-313
• /
• 2016

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution and one of them is to prohibit the operation of multiple medical institutions In the past, there was a provision stipulating the same purpose. But because the Supreme Court interpreted that several medical institutions could be opened if the medical treatment was not made at the additional medical instition which was opened in the another doctor,s license, multiple medical institutions could be opened and operated. However, some health care providers opened the several medical institutions to another doctor's license just by the excuse of the business management and then did illegal medical cares like the unfair luring of patients, overtreatment, and commition treatment for more profits. So, the health rights of the people came to be infringed on. Accordingly, lawmakers amended the Medical Law for medical personnel not to open and to operate more than one medical institution. As the amended medical law prohibited a medical personnel to open multiple medical institution, some medical personnels insisted that the amended medical law is unconstitutional under which they could not be able to open and operate medical institutions on based on free investment and bring out the benefits of network hospitals. But the regulation to prohibit multiple institutions does not apply only to a medical personnel. Many other experts like lawyer and pharmacist can open only one office under such a restriction. If the regulation goes out of force, the procedure that multiple medical institutions should be opened and operated in the capacity as a medical corporation or a non-profit corporation does not have to be followed. And we should keep in mind that the permission for medical personels to open multiple medical institutions could lead virtually to commercial hospital. If in the nation with a very low rate of public medical service, If only a few medical personnels with capital own many medical institutions and operate commercially them, this could cause a falling-off in quality of medical service, ultimately infringe on the health rights and the life right of the people.

• Journal of Arbitration Studies
• /
• v.28 no.4
• /
• pp.61-88
• /
• 2018

Myanmar has witnessed rapid economic growth in the 21st century. The cultural heritage of Myanmar (Burma) inherited from ancestors is law literature such as Dhammathat and Rajathat. Burma is a unique country in Southeast Asia in a sense that it already had a modern law system. For example, there has been a legal profession even in 12th century AD. According to Rajathat, lawyers were required to wear a uniform in court. Furthermore, lawyers and Judges participated in legal proceedings from the 15th century. As to the role of Dhammathat, there are conflicting views in the academic community. According to Professor Andrew Huxley, the profound literatures of Dhammathat had played an important role as a source of law in Burmese court in ancient times. Dhammathats have flourished in the struggle among the King, lawyers, and monks in old Burmese society. This customary law combined with Rajathat provided a guidance of legal proceedings in Burmese court, as well as village settlement. This traditional dispute resolution system reaches modern times in the form of Buddhist family law in Myanmar. Nowadays, the law system of Myanmar looks like a legal pluralism since the customary laws of Burma, as well as Shan and Arakan, are effective and co-exist with common law adopted at the colonial period. In recent times, Myanmar has enacted new arbitration laws (2016) in order to attract foreign direct investment.

• Journal of Korean Academy of Nursing Administration
• /
• v.14 no.3
• /
• pp.332-343
• /
• 2008

Purpose: The purpose of this study was to investigate the nurses' perception on hospice law in hospice institutions using questionnaire and to recommend bill of hospice law. Method: The data were collected from 95 nurses who have experienced in hospice care using a self-completion questionnaire. To analyze prescriptive data, content analysis was done using an analysis scheme developed by the investigators. Results: The separate hospice law suggested was types and purpose of law, certification of patient, living will and right to attorney, staff, institutions, service, and payment. The analysis scheme consisted of 6 categories and 17 subcategories. 83 significant statements were analyzed and categorized. Hospice nurses indicated that their operation, financing, manpower, institution, patient right, drug management is needed to enact for bill. Conclusions: The results of this study on hospice law contents will contribute to build the national hospice system in Korea.