• Korean Security Journal
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• no.10
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• pp.293-322
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• 2005

The culpability of a person, as determined by due process of law, for any of his actions that are defined as criminal. Determination of such responsibility is a legal function, not a psychiatric one, although a psychiatrist may be called upon to present evidence to the court in order to aid the judge or jury in reaching a decision as to responsibility. Determination of responsibility varies with the laws of the state in which the accused is being tried, but in general all states base their laws on three famous judicial decisions concerning criminal responsibility. 1. the M'Naghten(McNaughton) rule(a. to establish such a defense the accused, at the time the act was committed, must be shown to have been laboring under such defect of reason as not to know the nature and quality of the act he was doing, b. if he did know it, he did or know that what he was doing was wrong). 2. the irresistible impulse test. 3. the Durham decision. Under the Durham test, however, the psychiatrist may give any relevant testmony concerning the mental illness at issue. The psychological and behavioral appearance of a person, in clinical psychiatry this term is commonly used to refer to the results of the mental examination of a patient. The written report of the mental status usually contains specific references to the following areas: I. Attitude and General Behavior (1)General health and appearance. (2)General habits of dress. (3)Personal habits. (4)General mood. (5)Use of leisure time. (6)Degree of sociability. (7)Speech. II. Attitude and Behavior during interview (1)Co-operativeness. (2)Poise. (3)Facial expression. (4)Motor activity. (5)Mental activity. (6)Emotional reactions. (7)Trend of thought. III. Sensorium, mental grasp, and capacity (1)Orientation. (2)Memory and retention. (3)Estimate of intelligence. (4)Abstraction ability. (5)Tests of absurdity, interpretation of proverbs. (6)Judgment.

• Korean Security Journal
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• no.50
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• pp.307-337
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• 2017

The freedom of assembly is the fundamental freedoms guaranteed by the Constitution. However, as far as our reality is concerned, the freedom of assembly is guaranteed only when it is under the control of the police, and otherwise it is perceived as an object to be suppressed. Police say even that they will not tolerate even a small illegal law while referring to the "broken window theory". Therefore, regardless of the peaceful nature of the rally, it is too obsessed with 'compliance'. This attitude is causing the citizens who participated in the assembly to be put to the object to be suppressed. This paper analyzes the requirements and current status of police force, focusing on the vehicle-wall-blocking and water cannon as a means of using the police force, which is a recent problem, and suggests ways to improve it. First of all, the installation of the wall cuts off the essential communication function of the assembly by separating the meeting place from the object of protest. Thus, despite the warning for prevention in the face of illegal acts, other than installing a barrier, it should be allowed only in the 'urgent case where there is a risk of causing damage to the life, body or property of the person'. Without this urgency, the vehicle-wall-blocking should not be allowed to be proactive as well as preventive. Secondly, the water cannon is a police force that is likely to harm people's life and body. Therefore, aiming shots, which could pose a significant risk to the human body, should in principle be prohibited. However, considering its risk, it should be supplementary used only when there is no other alternative, only when the direct risk to the legal interest of the other person or the order of public well-being is 'obvious'. In addition, as for the use standard of such a thing, it is necessary to be specified by law.

• Journal of the Korean Institute of Landscape Architecture
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• v.46 no.3
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• pp.103-116
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• 2018

The Park Act (1967~1980) was the first law to define urban parks in Korea. The urban parks of that time were similar to a reservation area used for other purposes after giving regulation. Because 'the urban park as a reservation area' in the past is a repeated park issue in the present, it is necessary to consider the issues of the original law system that created the cause. From this perspective, this study analyzed the legislation to reserve an urban park by collecting bills and information about the factual relationship between 1960 70s park issues and the Park Act. Analysis showed that the reason for the adoption of different kinds of urban parks in the law of a nature park is that a negative list separated from the Urban Planning Act is required to curb private usage. Inherent in the Park Act, however, was the problem of allowing the encroachment of urban parks by governmental power. (1) The Park Act sets out a wide range of cases to abolish urban park. (2) Unclear setting of governmental power could abuse the urban park. (3) Insufficient standards were able to erode the urban park with large for-profit facilities. (4) The inactivity of the Urban Public Park Committee had reduced democratic decision-making and professional judgement on park issues. Therefore, the Park Act was characterized as infringing on the environment and right to urban parks and took a passive attitude in creating parks and in citizen usage thereof. The Park Act had limitations as a progenitor for establishing the characteristics and concepts of urban parks.

• Strategy21
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• s.42
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• pp.318-346
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• 2017

Currently, security environmental instability is getting worse than ever in the East Asia including to Republic of Korea(ROK). Unlike several conventional issues such as maritime dispute -sometimes with islands- and competitions for getting natural resources, contemporary security dilemma issues followed by arms races among states deepens the power gap between strong and weak state within the region. It is notable that the arms races is the East Asia are mainly focused on naval power. As navy is the very possible force that influences neighboring states, submarine power is usually valued for its nature of stealth, mobile and aggression. Moreover, the submarine power is believed to be one of the highest valued weapon system since it shows actual effectiveness for influencing the other states while avoiding direct military conflicts compared to surface power. As a result, all states within the region are accelerating for getting such power these days. Japan, Most of all, is one of the leading state that aims to ensure self-survival and enlarge military influences under the US-Japan alliance by decisively supporting its power to the American containment strategy against China. In this regard, such movement surely sill influence on ROK both directly and indirectly as we sue the common field, the sea. Though, it has lots of restrictions for us to confront them with military forces as such confrontations within US-led alliances is not desirable upon considering current China and nK threats. As a result, ROK needs to limit the realm of alliance within the region while maintaining ROK-US alliance for getting national interests with both legal and justice superiority against Japan. This paper, as a result, is focused on suggesting the way to utilize submarines as a mean of naval power for both current security environments and the rising maritime threats in the East Asia. I concluded to participate ROK submarines in US-led military strategy against China by dispatching them into the East-China Sea and the North-East area of the Korean peninsula to protect both national interests and justice at the same tome. It should be one of the preemptive measure for confronting with neighboring states by utilizing strategic benefits of submarines while strengthening ROK-US alliances upon participating American Containment Strategy against China.

• Journal of Korean Society of Environmental Engineers
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• v.34 no.2
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• pp.126-135
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• 2012

Republic of Korea designates a waste disposal site within the fishing zone administered jointly with Chin in the Yellow Sea. The issue of waste disposal at sea is subject to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter commonly called London Protocol. China, one of the contracting parties declared that if China becomes a party to a dispute concerning the interpretation and application of the Protocol, the Arbitral procedure of the Protocol shall only be applied with written consent of the Government of China according to the Article 16.5 of the Protocol at the time of its accession. The Article allows any State may declare that, when it is a party to dispute about the interpretation or application of precautionary approach or polluter pay principle, its consent will be required before the dispute may be settled by means of the Arbitral procedure of the Protocol. This paper analyzes the legal basis of Chinese declaration and its implication to parties that may be in dispute with China using international precedents of similar nature and a game theory.

• Journal of the Korean Institute of Landscape Architecture
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• v.47 no.6
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• pp.129-138
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• 2019

'Private Garden', is a legal concept that encourages the opening of private gardens to the public. Twenty-five private gardens have registered with the Forest Service since the 2015 policy was enacted. Although it is a positive system in terms of spreading and encouraging garden culture, the exact nature, role, and designation requirements have not been fully discussed. The purpose of this study is to analyze the characteristics of 25 private gardens in Korea. The results of the study noted that the southern region occupied a large part of the geographical distribution of the private gardens, which is due to the natural and climatic conditions, the policies of the local governments, and the discretion of public officials. In addition, the gardens are almost all made up of modern gardens; there was only one house garden from the Joseon Dynasty. The owners of the gardens range from their 50s to 80s in age. The gardens were started because the owner believed it was a good endeavor, but many owners felt that it was difficult to manage the enlarged garden and eventually opened it through as a Private Garden in anticipation of receiving economic support. There are also owners who are willing to revitalize the area. In addition, profits are generated from facilities other than the gardens, and some operate related programs to promote the culture of gardening. For a sustainable Private Garden system, it is necessary to check the registration criteria and establish a clear role in the region. There is also a need for further measures for management and marketing. This study is meaningful as basic research on the Private Garden system that is not yet systematic.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.103-141
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• 2017

The (Korean) Medical Services Act revised in 2009 introduces the accreditation of specialty hospital. When a hospital meets prescribed standards, passes a board review, and is accredited as a specialty hospital by the Minister of Health and Welfare, then it may use 'specialty hospital' in its name and certification mark of specialty hospital. The problem is that the (Korean) Fair Trade Commission and the (Korean) Ministry of Health and Welfare, both of which have authorities to regulate advertising in general and in health care service in turn, announced the guidelines to prohibit internet (portal) service providers to provide keyword search ads service using key-words such as 'specialty' or 'specialized in' for those who are not accredited by the Minister of Health and Welfare. In this article, whether these guidelines can be justified by the current regime and whether the current specialty hospital policy is agreeable would be examined. To do this, the legal nature of accreditation of specialty hospital, the limit of advertisement regulation, the law of keyword search ads, and the liability of internet service providers also would be analyzed.

• Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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• 2003.10a
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• pp.1-11
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• 2003

The objectives of this paper are to overview present status of soil pollution in Korea, to review the current policies and management strategies for soil pollution prevention and remediation of contaminated sites, and to suggest some recommendations to be considered toward more efficient policies. Soils in Korea are contaminated mainly by industrial facilities, landfills, underground storage tanks, abandoned/inactive mines, military camps, and other sources. Concentrations of most of soil pollutants were similar to the background levels, except for a few heavily contaminated sites such as industrial sites or abandoned/inactive mines. The Soil Environment Conservation Act (SECA), which was effective from 1995, provides a comprehensive legal framework for both preventing soil pollution and remedying contaminated sites in Korea. The Act includes various management policies such as the designation of standards and soil pollution policy area, soil monitoring networks, management of suspected contamination sources, and extended 'polluter-pays' principle. To make current policies more efficient and reasonable, some policies or strategies such as the establishment of national priority list, more detailed standards, risk-based cleanup goal, fund raise, soil erosion problem, and finally, integrity between soil and groundwater management frameworks may need to be pursued in the long term.

• International Commerce and Information Review
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• v.15 no.4
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• pp.97-122
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• 2013

Korea's trade balance in service showed surplus in 2012 on the basis of BPM5. This is recorded by 14 years since 1999. This owes to decrease of deficit in tourism balance, increase of surplus in construction and transportation, and shift from deficit to surplus, even in small portion, in personal cultural recreational services balance. While externally the global economic growth becomes inactive and the Korean Won has appreciated, internally Korean service industry is very weak and is not equipped with international competitiveness. This study intends to look into service surplus items and services deficit items and to present measures that will be able to strengthen competitiveness in service industry. As a short case study, German and Japan was benchmarked, as they are the countries which are developed on the basis of manufacturing like Korea. And in this study, by analyzing surplus items and deficit items in trade balance sheet, it is attempted to suggest policies which would be available for strengthening service industry. As the service industry is a highly value-added one, it is necessary to designate promising categories and intensively foster as strategic industry. Service industry has their own characteristics distinguished with manufacturing goods. It has very different logistics and payment system with manufacturing industry. It means there must be independent support systems which reflect the nature of industrial classification in service industry. It is necessary to provide export support system, to organize export market development group, to support marketing, to set common logistics center, to support diplomatic means, to provide legal service and so on.

• Journal of Korea Trade
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• v.24 no.8
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• pp.101-120
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• 2020

Purpose - The buyer's right to withhold performance is a useful and important self-help remedy to protect himself from the seller's breach of contract, and it is also the coercive means to induce the seller to perform his part of contract. However, the buyer's exercise of such a right often exposes himself to the risk of breaching the contract. This is generally due to his ignorance when he is entitled to the right and also uncertainties inherent in the law. Therefore, the purpose of this paper is to examine what the requirements should be fulfilled before the buyer exercises the right for the seller's actual breach of contract. Design/methodology - In order to achieve the purposes of the study, it executes a comparative study of the rules as to the requirements for the buyer's right to withhold performance for the seller's actual non-performance under the CISG and the CESL. It mainly focuses on performance due, the seller's non-performance, the buyer's readiness to perform and the requirement of notice. Findings - The main findings of this comparative study can be summarized as follows: Although the CISG has no expressive provision for the buyer's general right to withhold performance for the seller's actual non-performance, it may be inferred from the general principles the CISG underlies, synallagmatic nature of the contract. In addition, it can be drawn by analogy from relevant provisions of the CISG. On the other hand, the CESL expressively provides that the buyer has a general right to withhold performance where the seller fails to tender performance or perform the contract. Therefore, it seems that the position of CESL is rather easier and more apparent to allow the buyer to withhold performance for the seller's non-performance. Originality/value - Most of the existing studies on the right to withhold performance under the CISG have centered on the right to withhold performance for an anticipatory breach of contract. On the other hand, there have been few prior studies on the right to withhold performance for the actual nonperformance during a contractual period of performance. Therefore, this paper examined the requirements for the buyer's right to withhold performance under the CISG and the CESL in a comparative way for the seller's actual breach of obligation. In this conclusion, it may provide practical and legal considerations and implications for business people who are not certain about the right to withhold performance.