• The Korean Society of Law and Medicine
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• v.21 no.3
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• pp.117-144
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• 2020

In accordance with Article 15 of the Medical Law, medical personnel in Korea cannot refuse treatment of a patient unless there is a justifiable reason, and violation of this obligations is subject to criminal penalties. Japan also stipulates the same content in the law. However, this violation of obligations in Japan is not subject to criminal penalties, and is used as a judgment element of the liability for damages of doctors only in the case of damage to the patient. However, in both countries, it is difficult to interpret and apply the law because the regulation is a little ambiguous. In particular, the key is to find out what is the justifiable reason for the doctor to refuse treatment of the patient. Recently, Japan has completed the work of re-examining the discussion on medical refusal from a modern perspective in terms of improving the excessive working environment of doctors. On the other hand, in Korea, it is not clear in what cases it is possible to refuse treatment. because there is a lack of systematic discussion on medical refusal. Rather, unnecessary misunderstandings and controversies have resulted in the loss of trust between patients and doctors. In Korea, there is already a legal right for a doctor to reject it according to his religious beliefs or conscience in the implementation of the suspension of life-sustaining treatment decisions. And in the case of an abortion, debates are underway that doctors should be given the right to refuse it. This study introduces the current state of discussion in Japan, and examines the issues surrounding medical refusal in Korea. It is hoped that this study will facilitate further discussions on the medical refusal.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.419-477
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• 2017

In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.201-230
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• 2010

With starting the industry of automobiles, railroads and mining, the legal principle of "erlaubtes Risiko" that began as a means of maintaining the revitalized world for the cause of social utility has interpreted as a system of negligence theory in the precedent while it has gained academic recognition. Yet in aircraft operation, which is one area of high technology, CAT which can be the cause of some accidents or events or thunderstorm with turbulence is an abnormal meteorological phenomenon with frequent change that cannot be monitored perfectly just as some patient with unstable condition and that cannot be ascertained about not only the possibility of its happening but also the degree of how big the accident is. Yet the use of jet current which has the possibility of CAT can be an act of high social utility where we not only drastically cut down on time fuel also guarantee the arrival and departure on schedule when landing in airports that have thunderstorm which does not appear as fatal risk. Although we could take some measures where we can predict and avoid the potential risk, easing the regular duty of care is necessary by applying the legal principles of permitted risk concerning the incidents and accidents caused by operating in areas with the risk of turbulence or CAT with the low probability by the reason of social utility.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.13 no.12
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• pp.5816-5825
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• 2012

As the society has been ageing, senile dementia increase rapidly. Thus social costs of dementia treatment and management increase exceedingly. There is a desperate need of finding out improvements.. For example, foreign countries come with the solutions about this issue by establishing national strategy about Dementia, setting effective Dementia Management in national level and preparing legal systems. Older Welfare Act, Long Term Care Insurance Act for the Aged and Dementia Management Act exist as legal system of improvements. Improvement about this issue is needed due to more effective Dementia management and pushing ahead policies. First of all, the government needs to include dementia checkup into the list of national health insurance checkup toward senior citizen of older than 65-year-old. Secondly, as one of the characteristics of dementia, when more symptoms of dementia appear, there is less effect of treatment. Therefore, in order to reduce the social costs of Dementia, the government needs to promote Dementia prevention industry and early checkups. Thirdly, there is a need of setting a class judgement standard appeasement policy and expansion of using target. The reason of processing this statement is that there are difficulties of satisfying the needs of senior citizens due to current conformity of long-term pay recuperation according to laws of welfare.

• Journal of Chest Surgery
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• v.23 no.6
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• pp.1204-1212
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• 1990

Recent social and medical developments have significantly changed both the concept of death and the criteria for its pronouncement. Instead of considering. the heart as central to the determination for death, it is now prevalent to use death of the brain as adequate for death regardless of cardiac function in most western countries. But the brain death theory is not yet legally accepted despite growing public interest in our country due mainly to customary and moral reasons. Subsequently heart transplantation, which necessitates the concept of brain death, still remains a possible surgical entity in the future. As a part of endeavor the evaluate social atmosphere for the legal acceptance of the concept of brain death and the availability of potential heart donors, a four-page questionnaire on brain death and cardiac transplantation was given to the sophomore students of a medical college in Seoul[n=116, group I] and their family members[n=83, group II ]. The groups were chosen under the assumptions that they lacked sophisticated medical knowledge but had general medical interest so reliable data could be obtained. The majority of respondents in both group I and II thought that they knew the concept of brain death[group I 99.1%, group II 93.3%] and the definition of heart transplantation[group I 94%, group II 67.6%] at least to some extent, but only a small proportion of them was proven to have correct knowledge: brain death[74.4%, group II 39. 8%], heart transplantation[group I 31.9%, group II 30.1%]. Most respondents answered in the affirmative for the legal approval of brain death[group I 87.8%, group Il 97.9%]. The possibility of medical usage of brain dead organs was the biggest reason for brain death[group I 52.9%, group Il 47.9%]. Ninety-one percent of group I and 89.1 percent of group II responded that they were willing to give permission for donating the heart of brain-dead family members. Fifty-nine percent of group I and 51.9 percent of group II wanted their own heart donated. These results suggest, despite some inherent sampling limitations, that favorable responses to brain death and heart transplantation can be obtained among the general public if they are properly informed.

• Trans-
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• v.2
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• pp.75-94
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• 2017

The film director is the responsible for artistic quality of the film. In Hollywood, the director considered as a technician only visualizes the given scenario. In the 1950s, young critics of the Cahiers du cinéma, who were at the center of Nouvelle Vague, re-qualified some Hollywood directors, for example Alfred Hitchcock, Howard Hawks and John Ford. They are considered "auteurs(authors)" because their films have their own styles. In France, the word "auteur-directoir" is often used in the film production. It refers to the person who writes the original screenplay of a movie. Auteur's legal definition of copyright is set out in Article L.111-1 of the Intellectual Property Code: "the auteur of a work of the mind enjoys the work by reason only of its creation, of an exclusive intangible property right and opposable to all. On the other hand, in the definition of producer, it is the natural or legal person who takes the initiative and responsibility for the realization of the work according to Article L. 132-23 of the same code. We study here the competence and responsibility of the French director as an "auteur" by consulting the two types of contract: director-technician and author-director. We rant to offer a reflection on the position of the film director and the relationship between the director and the producer.

• Quality Improvement in Health Care
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• v.9 no.2
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• pp.176-197
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• 2002

Backgound : This study is to suggest the standardized format of the clinical sheets and the standardized items of every clinical sheet. The standardization of the medical records will increase the faithfullnes of the contents in them and it will contribute to construct the good health information system. Method : From Jan. 1st. 2001 to March 31st 2001, we gathered as many paper clinical sheets as possible by every class of institutions to review the faithfulness of the clinical contents in them. Clinical sheets of 9 tertiary care hospitals, 6 general hospitals and 56 clinics were gathered. Two experienced medical record administrators reviewed them. The review focus was to check whether the items recommend by the hospital standardization review criteria and hospital service evaluation organization were appeared in the clinical sheets and whether the contents of every item were written. Results : Tertiary care hospitals; In case of administrative data, the contents were filled well if the items were fixed. The clinical data like C.C, history,physical examiniation were filled well, but if the items were not fixed, some items were omitted. The result is that more items are to be filled if they are fixed. General hospitals Administrative data were filled more than 50%. Final diagnosis was filled about 66.7%.But other clinical data were not filled well and not many clinical related items were appeared in the sheets.In the legal point of view, the reason for visiting hosptals or the right diagnosis, patient condition at discharge could not be confirmed well.In surgery cases, surgical procedures could not be confirmed well as many surgical related information(surgery time, fluids and blood, number of sponges, biopsy, etc) were omitted. Clinics More than 70% administrative data were filled and fixed as items. Among the clinical related data, laboratory result was the most credible data. But without the right diagnosis, drug orders were given and doctors' written signatures were not appeared over 96.4%. So the clinical sheets cannot be used as a legal document. Conculusion : There was a tendency that the contents were filled well if the items were fixed in the documents, We also suggest a clinical check list to review the completeness and faithfulness of the clinical sheets. If many hospitals use the suggested clincal check list and if they make the necessary items fixed in the clinical sheets, the quality of the medical record will increase dramatically.

• Journal of the Korea Institute of Building Construction
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• v.10 no.1
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• pp.111-120
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• 2010

The public construction industry in Korea involves a variety of stakeholders, encompassing multiple layers of contractual relationships that crisscross between the State as project client and the contractors, as well as subcontractors. In such a hierarchical landscape, managerial crises of contractors involving bankruptcy or insolvency can result in unexpected damages for both clients and subcontractors. Accordingly, the applicable legal framework requires project clients to act as patrons in relation to making payments to subcontractors, and stipulates provisions pertaining to direct payments to subcontractors in order to promote the balanced development of the national economy in terms of the public interest by protecting small and medium-sized businesses working as subcontractors for large businesses. However, the relevant legal documents provide for different payment criteria and procedures from document to document, and leave room for variations in the interpretation and construction of applicable provisions, which leads to disputes and discrepancies in court rulings. For this reason, it is necessary not only to compare and analyze statutory provisions pertaining to direct payment to subcontractors, but also to review issues of contention in actual cases. This study aims to analyze issues in cases involving payment to subcontractors from the perspective of the project client overseeing and supervising the construction business. The conclusions from such an analysis will help to effectively resolve subsequent cases of a similar nature by suggesting a strategy to improve the relevant statutory provisions pertaining to direct payment to subcontractors.

• Journal of Legislation Research
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• no.54
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• pp.345-382
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• 2018

Sports events are not copyrighted and sports organizer's profit from sports events is not subject to intellectual property law in our legislation. Most other countries, except for France, do not also recognize sports organizer's profit as an intellectual property right. For this reason, legal grounds protecting sports organizer's profit must be found from current law such as tort law or Unfair Competition and Trade Secret Protection Act. It is irrefutable that these laws play a significant role in protecting sports organizer's profit by imposing restrictions on taking unfair advantage of others' efforts or investment. Nevertheless, protecting sports organizer's profit through such laws has its limits because sports events and relevant information outside the protection category of intellectual property law are considered as public domain. Therefore, introduction of sports organizer's intellectual property right through legislation will serve to faithfully protect sports organizer's profit. Even countries where spectator sports industry is fully in force actively discuss the issue of introducing sports organizer's intellectual property right. Intellectual property law, like other laws, is keenly subject to international trends due to market globalization and sensitively responds to the trends. I believe that further discussions are highly required about the introduction of sports organizer's intellectual property right that properly reflects international trends.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.159-184
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• 2021

The significance of the enactment of the 「Act On The Safety Of And Support For Advanced Regenerative Medicine And Advanced Biological Products」 is to break away from the regulation of the Pharmaceutical Affairs Act and expand patient treatment opportunities through a medical technology approach to regenerative medicine, which is essentially a medical practice called 'transplantation'. However, more than a year after the law was enacted, clinical study has not been activated, with not a single high-risk study approved by the Ministry of Food and Drug Safety being approved. The reason is that despite the legal purpose of expanding patient treatment opportunities, the data requirements for clinical study approval are set in connection with drug development despite the insufficient legal basis, making it difficult for many researchers to meet the data requirements. Prior to the enactment of the Act, submitted data for clinical study on cell therapy products within the Pharmaceutical Affairs Act were cosiderably exempted from quality and non-clinical test data, but with the enforcement of the Advanced Regenerative Bio Act, quality and non-clinical test data are required in accordance with pharmaceuticals when applying for approval of a clinical study plan. To rectify this, when considering the identity of clinical study on advanced regenerative medicine to expand treatment opportunities, recognize that there are limitations in connection with drug development. And it is necessary to preserve the identity of clinical study on advanced regenerative medicine, and on the other hand, in the case of drug product approval, clinical study results should be utilized while specifying usage requirements. Therefore, with the power of the market and the voluntary motive of the clinical researcher, it is necessary to prepare the necessary data by themselves rather than the basic requirements for clinical study approval.