• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.163-199
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• 2010

A frequent flyer program is a loyalty program offered by many airlines. Typically, airline customers enrolled in the program accumulate frequent flyer miles corresponding to the distance flown on that airline or its partners. There are other ways to accumulate miles. In recent years, more miles were awarded for using co-branded credit and debit cards than for air travel. Acquired miles can be redeemed for free air travel; for other goods or services, such as travel class upgrades, airport lounge access or priority bookings. The first modern frequent flyer program was created Texas International Airlines in 1979. This program was also adopted in Korean Air in 1984. Since then, the mileage programs have grown enormously. As of June 2009, the total member of two national airlines in Korea had been over thirty million. However, accumulated miles could be burden of airlines, because the korean corporations should record the annual financial report the accumulate mileage on a liability account by 'the international financial report standards(IFRS)' next year. The korean airlines need to minimize the accumulated miles, so that for instance Korean Airlines SKYPASS-miles expire 5 years after being earned. It means that miles earned on or after July 2008 will expire after five years if unredeemed. Thus, this paper attempt to analyze the unfairness of the mileage rules of korean airlines by examining a specific portion of the conditions relating to consumer protection, because many mileage users has difficulties using mileage programs and complained the amendment of the mileage rules. In conclusion, the contemporary mileage rules in Korea are rather unsatisfactory, because airlines is not only recognizing a mileage into a kind of benefit but also denying inheritance of mileage and the legal nature of mileage as a property right. It is necessary to amend relevant mileage rules in view of consumer protection, because air mileage is not simple benefit but a right of mileage user.

• Korean Journal of Environment and Ecology
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• v.31 no.3
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• pp.337-343
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• 2017

This study is going to contribute the activation of ecosystem services written in the 3rd National Basic Plan for Nature Conservation(2016~2025) in Korea. Meanwhile we considered the benefits that the nature has given to the humankind as free goods or services which we may consume traditionally without due payment therefore. But on account of the expansion of cities and expedition of development, as the carrying capacity of the nature has been breached, people have come to try to restore and enhance artificially such vulnerable capacity. It is necessary to compensate the opportunity cost which the land owners or occupiers have to pay for conservation and maintenance of natural capitals which yield the ecosystem services. Therefore the institutionalization of ecosystem services should be established that the consumers who enjoy such services should share the interest from enjoying services with the land owners or occupiers who produce the ecosystem services, under the legal system which will make it possible to connect the benefit sharing with the conservation of environment. However it is the first task that the present legal system could not realize the fair and equitable benefit sharing between the producers and consumers of ecosystem services. And the second task in such legal system is that the value of ecosystem services could not be fully considered in the process of development planning. According to the analysis of this study, the institutionalization of ecosystem services in the government side and the civilian side could be realized to somewhat extent, although not sufficient. Especially the transactions of ecosystem services through the private contract among stakeholder are possible in the course of development planning or without any relevancy to a development project. The final task in the institutionalization of ecosystem services is how to assess the ecosystem services and to value the economic benefits therefrom on the basis of what kinds of procedures relating to some development processes. To overcome such difficulties, it is necessary that the state, trend and change of ecosystem services confronting with a developing project should be assessed concretely at the threshold of development. It is possible to integrate the ecosystem services into the environmental impact assessment(IEA), not by way of the Act of IEA, but by way of the Decree thereof.

• Journal of Arbitration Studies
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• v.30 no.2
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• pp.121-144
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• 2020

If the interim disposition of the Arbitration Tribunal is not immediately enforceable, it will only give pressure to the other party concerned and the arbitration could work against him if the other party fails to implement it. If enforcement is impossible, the disposition will have no practical effect or practical benefit. In addition, if a system is contrary to its unique characteristics or nature, it will not function as a system or it will become an unnecessary decoration. There is no room for argument that the above provisions are wrong or misinterpreted if the temporary disposition in arbitration cannot be characterized by its characteristics, such as its provisionality, urgency, incidentality, or invasibility. As attracting international arbitration cases can create enormous added value for the national economy, countries are scrambling to create a mediating-friendly legal environment in their countries, and Korea has been more active in arbitration than in the past. Despite various efforts, however, attracting international arbitration cases is still a long way off. Therefore, Korea should create a mediating-friendly, legal environment to attract arbitration cases. There are many reasons why arbitration is activated internationally, but the most important of them is that it is easier to approve and execute. The use of the approval and execution of heavy court is, in turn, the most important requirement of a mediating-friendly environment. It is natural that temporary dispositions made in arbitration should be as easy to approve and enforce as in the case of arbitration. In addition, it is natural for the parties to consider the use of approval and execution when deciding where to mediate or when applying for arbitration; thus, the degree of ease of execution, along with the procedural use of arbitration or provisional disposition, will be a measure of the likelihood of hosting international arbitration cases, as well as the activation of arbitration.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.11-74
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• 2010

This article analyzes legal meaning and definition of medical practice examining Korean Supreme Court cases. Until now, there is no right answer about the meaning of medical practice and it is also hard to define of it. Moreover, not only Acts and regulations containing medical practice but also many cases ruling a person who practice medicine, the concept of medical practice involves various meanings. So, it has caused confusion. In order to solve this problem, this article divides the medical practice's meaning into range and nature within prohibition article of the Medical Act about unlicensed personnel who practice medicine. After providing a explanation of the meaning of medical practice according to amendment of the Act, this article disputes the meanings of the several cases following the amendment. And then analyzing non-medical person's unlicensed medical practice and medical person's unlicensed medical practice. In order to provide more accurate legal concept of medical practice when Korean government amends the Medical Act or making policies in this field, this classifying analysis approach should be needed. Looking at the result, in general, Korean Supreme Court has interpreted unlicensed prohibition clause of the Medical Act widely; not only non-medical person's unlicensed medical practice but also medical person's unlicensed medical practice. Therefore, this article suggests that the prohibition clause needs to be careful applying to non-medical practice. Because, in fact, even though there are some necessity of non-medical practice, there are no qualificatory or license system of non-medical practitioner in the Medical Acts or regulations forbidding whole non-medical practices. Furthermore, the Supreme Court has decided medical person's unlicensed medical practice too narrowly, thus it does not keep up with rapid change of medical development and people's demands these days. Regarding this subject, in order to take advantage of medical practitioners effectively and cope with increasing people's medical demands, this article proposes that medical person's unlicensed medical practice only to be prohibited in case of endangering our public health.

• Journal of Environmental Policy
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• v.3 no.2
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• pp.59-87
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• 2004

In its Declaration of Principles, the United Nations Conference on Environment and Development recommends that, "to achieve sustainable development and a higher quality of life for all people, states should reduce and eliminate unsustainable patterns of production and consumption...." This notion of sustainability lies at the core of many "commons" problems, where the central issue is to enable "individuals to sustain long-term, productive use of natural resource systems". In other worlds, a common definition of "sustainability" captures the idea of aligning human consumption with the capacity of ecological systems to supply, over a long period of time, such natural resources as air, soil, or water on which production depends. The concept of sustainability raises all sorts of political, social, and economic questions about the distribution of environmental protection. For sustainable community development to be addressed, these questions must be raised. In order to convince different citizenry of the necessity of sustainability, these questions must also be answered. This is where questions of equity, justice, and fairness arise. Sustainability and equity require that we deal with nature as an undivided whole, with no part being unsustainable. Sustainability and social policy also requires that we deal with the human population as an undivided whole. We simply cannot move people around the planet to either perpetuate past practices of earth exploitation or to implement sustainable planning. Everyone must work with the people inhabiting sensitive ecological areas, especially areas of regeneration. In the sustainable global community, we are as strong as our weakest link, or our most toxic community. This is the undeniable driving force for the infusion of equity into the sustainable development debate.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.247-324
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• 2003

Considering Republic of Korea that is known as the worlds one of the most compact airspace, together with development of technology of aerospace and ever-strengthening weapon systems of aircraft, is, in its reality, in a dire need for more practical infrastructure against any intrusion, of course also being mindful of the situation with the North Korea, to its national airspace or other controlled airspace. Republic of Koreas current legislative regime is unable to effectively respond to such crisis on any legal ground, and responsible government members are relying heavily on relevant military laws and regulations. Naturally, there exists strong possibility of various problems when there occurs an actual intrusion to Koreas airspace and lawful and legal resolution of the aftereffect is demanded. This article categorizes Korean peninsula and its national airspace into various kinds of airspaces; KADIZ; FIR; airspace above EEZ; airspace above contiguous zone; airspace above the high sea, and attempted to research and study these respective categories, given the unique nature of airspace and the current responsive measure. Furthermore, this article will review some of the relevant legislative actions and their sense of direction as solution to the discussed problems.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.28
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• pp.3-36
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• 2005

Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.

• The Korean Society of Law and Medicine
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• v.8 no.2
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• pp.69-118
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• 2007

In providing general medical treatments, the medical service contract between the patient and the doctor is the mutually responsible onerous contract. However, the nature of the mutually assumed contract standings of the patient and the doctor has been changing since the implementation of the national health insurance program. For instance, besides the cases of beyond excessive medical charges and medical negligence, if the doctor charged for his/her medical treatments violating the post-treatment/nursing cover criteria, the overpaid medical charge, regardless of being collected with the patient's consent, has to be refunded back to the patient. Medically needed aspects, treatment results, and unfair benefits favoring the patient are not at all taken into consideration in the health insurance scheme. This makes it easier for patients to get refunds for their share of the medical payments by involving the Health Insurance Review & Assessment Service or the National Health Insurance Corporation, without engaging in civil law suits (for reimbursement claim) against doctors. In other words, the doctor's responsibility to provide medical treatments and the patient's responsibility to pay for the medical treatment provided within the contractual realm are being demolished by the administrational arbitration of the National Health Insurance system. The basic rights of medical service providers, and the patient's right to choose are as important constitutional rights, as the National Health Insurance program, which is essential in the social welfare system. Furthermore, the development of the medical fields should not be prevented by the National Health Insurance system. If the medical treatment services can be divided into necessary treatments, general treatments, and high quality treatments, the National Health Insurance is supposed to guarantee the necessary and general treatments to provide medical treatments equally to all the insured with limited financial resources. However, for the high quality treatments, it is recommended that they should not be interfered by the National Health Insurance system, and that they should be left to the private contract between the patient and the doctor.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.20 no.6
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• pp.67-81
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• 2010

As wide propagation of smartphones, e-commerce with smartphones increases rapidly. Such as transfer or stock trade systems. It has prospect that most of financial companies going to offer e-commerce systems via smartphones. And e-commerce via smartphones will be increased, hence the nature of smartphone that can be used whenever, wherever. However, legislation of e-commerce in Korea does not reflect these characteristics of smartphones, because it has set standards in regular PC. So that this study is security threat and feature of smartphones considering that the current legal system will use Certificate constraints, ensuring the safety of e-commerce and install security programs for protection of users, e-commerce responsible for the accident analysis has focused on the issues presented for this improvement.

• Korea Trade Review
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• v.42 no.6
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• pp.1-25
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• 2017

This is a comparative and analytical study which comprises of the analysis of the rules of the seller's liability for non-conforming goods of four legal systems under the CISG and the CESL. A purpose of this study is to examine all the rules as to, first, the concept and the nature of the seller's duty to deliver the goods in conformity with the contract, second, the contents of the seller's duty to deliver the goods in conformity with the contract, third, the time when the goods must be in conformity with the contract and the cases where the seller is exempted from his liability for non-conforming goods. Another purpose is to compare the rules of the CISG with those of the CESL, and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intend to use one of those regimes in their contract as a governing law.