• The Korean Journal of Air & Space Law and Policy
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• v.16
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• pp.65-74
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• 2002

The Japanese Aviation Accident Investigation Board has two faces. While the surface of the Board is a one of the very accident investigation organ, its shadow face is a one of the very expert witness drawing up a requested written opinion for the sake of the criminal investigation of the Police under the two secret inter-ministerial accords. This Paper proposes that some evidence obtained by investigation ought to be protected for disclosure and use by privilege derived from on of our most basic legal principles: "Nemo debet se-ipsem accusare-no one is required to incriminate oneself-".

• Journal of Digital Convergence
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• v.17 no.6
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• pp.133-144
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• 2019

The purpose of this study is to empirically examine the ICT legal system and the ICT performance by new technology's investment for government organizational changes. I will show the impact of government ICT investment interest, competency, convergence and process change, and then present policy direction. A research method used the structural equations. As a result of analysis, ICT investment interest and operational competency showed the negative impact the ICT legal system and the role change of ICT process and convergence of new technologies showed the positive impact. The Framework Act on National Information showed the positive impact on organizational performance, but the E-Government Act showed the negative impact. The contribution in the study expanded organization research from MIS perspective, and each organization is required the conflict resolve by ICT investment. A future study will require longitudinal study of ICT capabilities from previous to present government.

• The Korean Journal of Emergency Medical Services
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• v.13 no.1
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• pp.19-33
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• 2009

Purpose : To check the legal relation between rescue team and patient as well as legal responsibility for patient's damage intentionally or erroneously caused by rescue member, a public official, in the performance of relevant job ; to prevent legal dispute over rescue team and to present program for fair settlement of dispute and equitable and feasible burden of damage. Method : First, the legal principle of Civil Law, Criminal Law and Administrative Law related to the theme of this research will be investigated around research by literature. Second, the case of dispute related to rescue team will be introduced. Result: 1. If 119 rescue members as a public official intentionally or erroneously cause damage to patient in the performance of job, they shall bear civil, criminal and administrative responsibility. They shall bear civil responsibility for indemnity for damage due to default or tort. The typical criminal responsibility includes accidental homicide arising out of duty, preparing falsified official document, dereliction of duty, etc. In the administrative side, the state is responsible for indemnity for peculiar status of the rescue member, public official. 2. Though raising civil petition or legal dispute over unsatisfactory rescue service may be reasonable to guarantee the right of nation, such action may cause stress to rescue member as well as may lead to mental shrinking and defensive attitude only to take the basic first aid treatment which has low possibility of mistake instead of active first aid treatment so as to avoid legal responsibility. 3. The program that may prevent legal dispute over 119 rescue team includes expansion of manpower specialized in first aid treatment, enhancement of education on legal environment, development and application of standard job guideline, formation of mutual trust with patient, detailed explanation, preparing and keeping minute record, improvement of the rescue members' ability of first aid treatment and development of medical instruction mode. Conclusion : The best policy is to prevent legal dispute. If it is impossible to basically exclude the possibility of dispute, however, we need to make effort to minimize the occurrence, settle fairly and divide damage equitably and feasibly. To improve the preventible death rate of our first aid system to the level of advanced country, 119 rescue team which is in charge of the stage before hospital needs to positively enforce special first aid by improving the qualitative level of rescue service and to strive to prevent legal dispute that may occur in the process.

• Journal of Digital Convergence
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• v.18 no.5
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• pp.9-16
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• 2020

Recently, a patent holder of a technology that has been selected as a standard has caused considerable difficulties in enacting and using a patent technology standard as a patent ambush act that abuses the right. Major countries in the world are preparing legal grounds to prevent patent ambush, but in Korea, legal binding is very limited. Therefore, in this study, various proposals were attempted to prepare problems and policy solutions related to patent ambush in standard patents. In particular, we investigated issues and cases related to domestic and foreign ambush patents, it is considered that it is necessary to prepare a legally available device, clear standards for abuse of FRAND patent rights, and a patent compensation system to prevent patent ambushing.

• Journal of Environmental Impact Assessment
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• v.26 no.6
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• pp.431-444
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• 2017

This study was carried out to review the guidelines being used by law and national policy concerned on river environments management and suggest the applicability of newly developed river environment assessment system. In the current legal system, the national river environment management system is insufficient in securing an independent status in the legal institutional system which is separated to the Ministry of Land, Transport and Infrastructure and the Ministry of Environment. And the river environment assessment system of the national standard, which is a core matter, has not been established yet. In particular, there is a lack of integrated approach between the upper and lower plan or related plans on water resources, water quality, river environment and aquatic ecosystem management. In addition, the consistency and effectiveness as the process of planning and design according to the current status and comprehensive analysis and evaluation of the river environment were not secured either. To integrate national river environment management system and improve efficiency, I proposed the establishment of hierarchy and connection between national river plans, and the adoption and application of developed assessment system based on characteristics of river environment in Korea. Finally, I proposed the separated application with dividing the developed assessment system including the naturalness of river environment and suitability of water friendly activity into both assessment method for management plan of water resources of river basins & basic river plan respectively.

• Journal of Hospice and Palliative Care
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• v.20 no.1
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• pp.8-17
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• 2017

Globally, efforts are being made to develop and strengthen a palliative care policy to support a comprehensive healthcare system. Korea has implemented a hospice and palliative care (HPC) policy as part of a cancer policy under the 10 year plan to conquer cancer and a comprehensive measure for national cancer management. A legal ground for the HPC policy was laid by the Cancer Control Act passed in 2003. Currently in the process is legislation of a law on the decision for life-sustaining treatment for HPC and terminally-ill patients. The relevant law has expanded the policy-affected disease group from terminal cancer to cancer, human immunodeficiency virus/acquired immune deficiency syndrome, chronic obstructive pulmonary disease and chronic liver disease/liver cirrhosis. Since 2015, the National Health Insurance (NHI) scheme reimburses for HPC with a combination of the daily fixed sum and the fee for service systems. By the provision type, the HPC is classified into hospitalization, consultation, and home-based treatment. Also in place is the system that designates, evaluates and supports facilities specializing in HPC, and such facilities are funded by the NHI fund and government subsidy. Also needed along with the legal system are consensus reached by people affected by the policy and more realistic fee levels for HPC. The public and private domains should also cooperate to set HPC standards, train professional caregivers, control quality and establish an evaluation system. A stable funding system should be prepared by utilizing the long-term care insurance fund and hospice care fund.

• Informatization Policy
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• v.20 no.3
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• pp.43-62
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• 2013

This study aims to derive primary policy challenges for the continuous diffusion of the smart work centers in the public sector by using the AHP survey. The policy challenges in the AHP survey were categorized into three aspects, namely technology, system, and awareness. The technology sector was divided into the improvement of smart work-related ICT and the facility improvement in a smart work center. The system sector was divided into the legal system and implementation system. The awareness sector was divided into organizational culture and individual awareness. Among total 12 policy challenges, the results of the AHP analysis showed that the improvement of the organizational culture was the policy issue of the highest priority in terms of importance and urgency.

• Journal of Arbitration Studies
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• v.22 no.2
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• pp.79-101
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• 2012

In 2010, the United Nations Commission on International Trade Law (UNCITRAL) initiated work on the settlement of disputes in international e-commerce through online dispute resolution (ODR). The basic goal is to use ODR to resolve disputes with low value but high volume in international e-commerce. The background is that consumers have no way to solve their legal problems in this area. An ODR system is intended to create a new way to enforce their rights. However, the legal situations of the countries in the e-commerce sector, particularly in consumer protection, are very diverse. Thus, no reasonable model for conflict resolution is available. Some countries consider this as public policy and want absolute protection of their consumers. Other countries want to encourage freer e-commerce trading. This diversity of consumer protection policy is an obstacle to ODR. However, sooner or later, reaching an agreement is feasible because each representative is making a reasonable effort to reach the goal.

• Journal of Aerospace System Engineering
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• v.8 no.4
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• pp.44-51
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• 2014

This thesis analyzes the latest operating concept and status for Air Defense Identification Zone (ADIZ) researching overseas ADIZ CONOPS, international legal basis for ADIZ, the intention & background of proclamation for China Air Defense Identification Zone(CADIZ). Firstly, ADIZ is lawful concerning international connivance for ADIZ where around 20 countries have operated, Article 56 "Rights, jurisdiction & duties of the coastal State" and Article 301 "Peaceful uses of the seas" on the United Nations Convention on the Law of the Sea(UNCLS). Secondly, ADIZ has been regarded as a support means for national interest & policy as well as military air defense one. Thirdly, Based on legal re-interpretation for UNCLS relating to ADIZ, China proclaimed CADIZ where can ensure national maritime policy and strategy including A2/AD(Anti-Access & Area Defence), inroad into the ocean, claim for Senkaku Islands possession, etc..

• Journal of Korean Foot and Ankle Society
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• v.28 no.3
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• pp.87-95
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• 2024

This study examined the levels of satisfaction from medical staff and patients by analyzing 691 Supreme Court precedents on medical practice from legal disputes in Korea, which are developing into a dual medical system. In addition, the issues that can be prevented in the medical field through the flow and judgment of legal disputes in medical practice after the revision of the medical law are discussed. The concept of medical practice not specified in the Medical Law was examined and compared with the medical-legal systems of Germany, Japan, and the USA through international comparative analysis to assess the illegal factors occurring in the medical field by analyzing the legal approach, medical practice, and medical personnel qualifications of each country. An analysis of the Supreme Court's case law revealed the timing analysis of issues in legal disputes related to medical practice, the incidence rate among the subjects of the cases, and medical personnel to be significant. The meaning was studied by finding the law that applied to it. Important cases were identified, and their meaning was reviewed. The legal issues of medical practice in orthopedics were divided into five sections based on precedents, such as problems in consent to information at the start of treatment, problems in prior radiography before treatment, explanation of the consent process for surgical treatment, problems related to the qualification of operators in the operating room, and the responsibility for postoperative results. In the wake of the recent major crisis in the government's medical reform policy (Essential medical package), procedural problems and legal reviews of illegal medical practices and their qualifications in the medical field were conducted because of the lack of medical personnel.