• Journal of Navigation and Port Research
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• v.46 no.1
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• pp.26-32
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• 2022

The port is a space where maritime transport and land transport intersect and is an essential industrial infrastructure for international trade. Therefore, it has a very important function in the national economy. Although the space and the physical facilities of a port are important, it is also very important to efficiently manage and operate these port infrastructures. The government introduced the Port Authority System to strengthen the efficiency and professionalism of port management operations. Since the port authority systemis based on port autonomy, the independence and autonomy of the port authority are very important in port management and operation. Nevertheless, the Port Authority is not functioning properly because the government interferes excessively with the operations of the Port Authority. Therefore, it is suggested that the legal system should be improved to strengthen the autonomy of the Port Authority (PA). This study examines the perception of the legal system that needs to be improved to strengthen the autonomy of the Port Authority, and suggests policy measures for Port Authority workers, civil servants, port companies, and civic groups.

• Journal of the Korean Society of Food Culture
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• v.8 no.1
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• pp.55-62
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• 1993

These studies were conducted to: a) investigate work patterns and productivity indices, b) rate performance levels of employees and c) determine the suggested levels of personnel and labor hours for the effective labor control in school foodservice. Eighteen elementary school foodservices in Seoul were selected in order to analyze work patterns by the work sampling methodology. Allowance time and performance rating by VTR observation was done to determine the standardized labor hours. The results were as follows. The average percentage of each work function of the total work functions such as direct work function, indirect work function and delay were 65.57%, 8.12%, 26.31% respectively. The productivity index is 0.92 min/meal. The average working and delay hours per week of the foodservice director, foodservice employees and supply person were 33.64 hours, 23.25 hours, 38.52 hours respectively. The percentage of delay hours of total labor hours for foodservice employees and supply person were 42.27% and 24.0%. The standardized work hours and the appropriate levels of foodservice employees of 17 elementary school foodservices were examined: The average rating of the foodservice employees work was 1.19 and British Insulated Calendarer Cables (BICC) allowance rate was 19.40% on the average. The total work hours of foodservice employees were 172.64 hours per week and levels of personnel were 4.53 persons. BICC allowance rate was applied: The standardized work hours per week was 180.95 hours and appropriate levels of personnel were 4.11 persons based on legal 44 working hours.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.413-459
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• 2008

The Law has intervened to define rare circumstances in which a person should choose continuing life in United States. On the one hand, the law has traditionally acted to preservelife and to respect the sanctity of life. On the other hand, one's control over one's own body, and the right to determine what kind of medical care one will receive, is equally well respected and historically grounded. The competent patients have the right to forgo life-sustaining treatment, courts in United States have left many unanswered questions about the nature of that right. The right to choose to forgo life-sustaining treatment is a manifestation of a patient's autonomy interest. In United States, The Karen Quilan case gave rise to legislative activity in the host of state capitals, and several states had adopted statutes that formally recognized some forms of written directives describing some circumstances in which certain kinds of medical care could be terminated. These statues were sometimes dominated 'living will' acts, sometimes 'right to die' acts and ocasionally 'natural death' acts. Today virtually every state has produced a living will statue. In Korea, courts do not permit a terminally ill person to withhold or withdraw life-sustaining treatment. Living wills apply in case of terminal illness owing to a defect in legislation. Now In Korea, these lively dispute of legal policy on the preconditions and concrete procedure of living will act and natural death act. Through the legislation of living will act and natural death act, we should prepare some circumstances to respect patient's autonomy on the right to die. We should frame the cultural standard to make a decision of forgoing life-sustainin1g treatment under the discreet procedure.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.227-255
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• 2011

Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.26 no.4
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• pp.436-444
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• 2016

Objectives: Despite recent efforts to prevent suffocation disasters, a number of confined space accidents still happen and each year deaths continue to occur. There have been insufficient studies on the dangers of various potential disaster sites, such as manholes, septic tanks, reactors, and other tanks according to type, characteristics, task-specific disasters, equipment specific disasters, etc. The purpose of this study was to analyze recent suffocation disasters based on place and properties. Methods: In this study, we analyzed confined space accident cases from 2005 to 2015 in Korea and grouped them by type, size, monthly occurrence, continuous service period, accident location, person-specific group, age, employment, structural work and subcontracting work. We studied examples of accidents developed in other countries. Results: (1) We reviewed confined-space accident statistics, compared legal standards and analyzed cases of suffocation accidents in the United States and Japan. (2) Using a case study report from the Korea Occupational Safety & Health Agency, we specified confined-space accident statistics based on place, person-specific group, age, employment, structural work and subcontracting work. As a result we generated some precautions about confined-space accidents for the prevention of such accidents. Conclusions: Conclusions: Statistical analysis of recent suffocation disaster cases was performed to establish improvement measures, compare practices from developed countries, and develop precautionary measures accordingly. In this study, we presented the causes of disaster that occur in a confined space and proposed related preventive measures.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.117-168
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• 2009

Generally, criminal law protect the human life after he/she has born. Before the birth, the life of fetus are protected by prohibition of abortion, not of murder. Also, the fetus is not considered as an object of infliction of injury. A popular opinion and case law say that the fetus becomes a person at the point of an outset labor pains. Recently, some theories allege that traditional opinions is not sufficient in the case of induced delivery, so it should be decided by norm, not by a simple fact, whether a unborn child is a fetus or a person, and that the fetus should be considered as an object of infliction of injury. These theories can be meaningful because these could protect human life more comprehensively. In the other side, however, these could harm the legal stability and bring the excessive punishment. Abortion of negligence is not punishable in criminal law, and there is little possibility of the fetus injury without the injury of the pregnant woman. And the Contergan Case, if it happened again, must be dealt with as crime about environment or public health more severely. These new approaches are in conflict with the principle of "nulla poena sine lege" and other fundamental rules of the criminal law, and should lead to the excessive punishment and criminal provisions. Accordingly, the decision of Supreme Court of Korea about the beginning point of human being should be maintained.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.11-38
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• 2009

"Bioethics" may have various meanings depending on its roles. It may mean professional ethics for scientists and physicians, etc. It may also mean an academic discipline using interdisciplinary approach as well as a philosophical or a legal approach. "Bioethics" as an interdisciplinary study should often deal with public policy on bioethical issues. I call this role bioethics as a study of bioethics policy, which has to be developed as a new discipline. From this perspective, I deal with bioethical issues relevant to a human life before birth. There are various and often conflicting arguments about the moral status of a human life before birth such as the fertilization argument, the argument of genetic identity, so-called the "14 days" argument focusing on the formation of primitive streak, the argument of sentient being, and Michael Sandle's argument of an embryo as a being between a thing and a person. I argue that each of them is reasonable. Thus we are faced with reasonable disagreement on the views over whether a human life before birth has the same right to life as that of a person or whether right to life may be considered to be a matter of degree. If we acknowledge reasonable disagreement, as John Rawls pointed out, we should tolerate the views from ours in a plural society. Therefore, we cannot help making a policy that allows abortion and embryonic research with some limitations. When we say a certain act is morally permissible, "moral permissibility" does not mean that the act is morally right for all. Rather it means that the act cannot help being morally allowed for some persons although the others do not believe its moral rightness because they cannot right now rationally persuade others to accept their view.

• Korean Journal of Social Welfare Studies
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• no.39
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• pp.287-314
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• 2008

This paper tests the stigma hypothesis and administration hypothesis on the illegal take-up group and non take-up group in the National Livelihood Security Program. A set of survey data, using multinomial logistic model, was analyzed for this purpose. Compared with the legal take-up group, the feature of illegal take-up group which has more workable household supports the administration hypothesis - the low skill of means-test office would increase the possibility of benefit fraud. The features of non take-up group support both the stigma hypothesis - the stigma prevents eligible person from participating in the social assistance program, and the administration hypothesis - the administration office is apt to make error to deny the eligibility of person who has supposed family supporters.

• Journal of Convergence for Information Technology
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• v.7 no.2
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• pp.137-142
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• 2017

The purpose of this study tried theoretical review on the current Transfer Income Tax system, and review on current Korean Transfer Income Tax system, to derive the inherent problems in Korean Transfer Income Tax system. This study presents the improving measures thereto.The transfer income earned by any individual person is taxed as the Transfer Income Tax pursuant to the Income Tax Act, and the transfer income earned by any legal person is taxed as the transfer income on transfer gain on land etc, pursuant to the Corporate Tax Act. In case of the Transfer Income Taxes earned by individual persons, land and buildings comprise most of the taxable items of the Transfer Income Tax. This study limits the scope of study to the Transfer Income Tax on land and building as the major taxable item, rather than all the Transfer Income Tax taxed to individual taxpayers. The outcomes of this are expected to rationly improvement the real estate taxation in accordance with the principle of tax law.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.21 no.3
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• pp.155-163
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• 2011

Rumor or abusive web postings in internet has become a social issue. Web postings may be proposed on evidence in form of a screenshot in libel suit, but a screenshot can be easily modified by computer programs. A person can make ill use of the screenshot which is modified deliberately original contents to opposite meaning in a lawsuit. That makes an innocent person to be punished because it can have difficulties to verify despite analyzing the server data. A screenshot of web postings is likely to fail to prove its authenticity and it is not able to reflect the fact. If notarization for web postings is offered, clear and convincing evidence can be submitted in a court. So, related techniques and policies should be established In this paper, we propose some technical and legal conditions and design for notarization and archive system of web postings for litigation.