• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.3-32
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• 2020

With controlling Drones, although it was discussed in the previous study which showed a possibility. Which is personality and property rights of third parties could be violated while operating the drone with a video camera. But It's hard to find out precedents related to drones in Korea. In case of that someone try to control the drone which is equipped with a camera in a yard of neighborhood, the German District Court (Potsdam) considered an operator of drone has little bit of careless to do his duty and admit nonfeasance claim in the owner of the one's property for prevention to repetition of similar situation according to a nonfeasance claim for prevention to Section 1004 (1) sentence 2 of the German Civil Code(BGB). The drone which is equipped with a camera have possibilities to disrupt property and personal rights of the owner. Because a danger in repetition is getting larger regarding the violation of law. Moreover, there is a case that someone shot down the drone which is equipped with a camer. Because it has a risk to interrupt private life and cause some dangerous in our life. The German district court(Riesa) recently have considered that controlling the drone with a camera in private spaces is illegal as a violation of personal life. In addtion to, the action of property owner shot down drone is a legal according to § 228 of the German Civil Code(BGB) which is caleed "Necessity". Although it is difficult to apply to foreign cases directly to Korea, similar cases are likely to be occurred in Korea. The decision of the German District Court showed implications to Korea. As demand for the camera-equipped drone increases in Korea, it is time to discuss specific measures for drone violations.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.47-79
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• 2019

The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

• Journal of the Korean Society of Food Culture
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• v.18 no.1
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• pp.56-68
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• 2003

The objects of this study are to find out (1) real situation of the food supply in prison under Imperial Government of Japan more cleary (historical meaning) and (2) which might help in understanding wrong present food consumption patterns in Korea which causes environmental as well as health problems. It is generally known that the length of the Japanese occupation for Korea is 36 years. However, it is concluded in this study that it was longer (70 years ; from 1875 to 1945 from when Japanese Army attacked and occupied Yungjongdo and Kanghwado island to e time when they were defeated on World War II.) Korea was annexed by Japan in 1910 then the Imperial Government of Japan dismissed the Korea Army, controlled the Office of Justice and the management of prison by force. Since then about 50% of all land was fell into Japanese Government ownership and 80% of Korean farmers became as tenant. After this change, Korea farmers were forced to pay extremely high rent (up to 80% of its harvest). Forced immigration, low price procurement of grain by Japanese government up to more than 30%of their production, was practiced. Accordingly, the food situation of Korean farmers became miserable, which may caused more violations of Imperial Japanese Law. Malnutrition, epidemic diseases, mortality rate of infants soared and average life expectancy shortened to 20-30 years old. This was the period of World Economic Crises and Food Crises in Japan. It was said then that if one Japanese comes to Korea then 200 Koreans will starved to death. Meanwhile, Proconsul Bureau of Chosun requested to the Department of Medicine, the Imperial University of Kyungsung to survey food supply situation of Koreans in prison throughout Korea. Objectives of the survey then was not only to find out scientifically whether it is agreeable in maintaining prisoner's health and also find out the possibility to save food during food crisis. Survey was started from 1923 and ended in 1945, and it focussed on prisoners in the Seodaemoon Prison. This report is the outcome of the first survey. They concluded that the food supplied was nutritionally (had) no problem, in compare with those of workers in the factory, students in the dormitory in Japan and with those of prisoners in Taiwan, France and Germany. Amount of grain supplied were different according to their work lord and was divided into 9 different levels. Total grain was consisted of 50% millet, 30% soybean and 20% indica rice(variety). However, there were no difference in the amount of supply of side dishes between work groups. For the highest working group, 3280g of boiled grain per day was supplied to make stomach full but as a side dishes, salty fermented bean paste, fermented fish and salty soups, etc. was supplied. Deficiency of animal protein were observed, however, high intake of soybean may possibly caused animal protein deficiency problem. On the contrary, the intake of water soluble vitamins were insufficient but the level of calcium and iron intake seems to be sufficient, however, imbalance of intake of nutrition may caused low absorbtion rate which might caused malnutrition. High intake of dietary fiber and low intake of cholesterol may possibly prohibited them from so called modem disease but may caused the defect in disease resistancy againist epidemics and other traditional disease. Over intake of salt(20-30g per day) was observed. Surveyors who attended in this survey, mentioned that the amount of food intake may nutritionally be sufficient enough but the quality of food(and possibly, the taste of food) were like that of animal feed. For the officials who received this report might consider that considering the war situation and food crisis, the supply situation of food in the prison may considered to be good enough(because they are not starving). But as a Korean who studied this report, one feel extremely pity about those situation because (situation of) those period were very harsh under the Imperial Law and keeping the Law by Koreans were almost impossible, therefore, about one third adult violated the Law and were put into jail. And they were treated like animals.

• Korean Security Journal
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• no.14
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• pp.485-516
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• 2007

Jeju Special Self-Government Province adopted an autonomous police system for the first time since 60 years in Korean police. The purpose of autonomous police system is to offer a police service to be suitable in regional conditions. But Jeju autonomous police system for nearly one year after adoption is criticized to be established on the ground of political reason but not local decentralization. Actually Jeju autonomous police has not a clear cut jurisdiction and operation scope because of the jurisdiction duplication between national and autonomous police. The original task is confined on environment and sightseeing so on given to administration police for local self-government. So criminal investigation authority on general crimes is not to Jeuju autonomous police on account of special judicial police. First, it is the structural rationalization of Jeju autonomous police system. It speaks that Jeju provincial police bureau and police station have to be as national police institution, on the other hand, patrol district station and police box have to be as autonomous police institution. Of course, functional division has to be followed. National police performs managing all the assembly and demonstration by the management law on assembly and demonstration including the suppression against any large scale demonstration and disturbance, also the investigation on serious crimes just as international crimes and broaden area crimes including all the felony. Together national police performs the duty concerned to all the foreign affairs and national securities in along with the investigation on traffic accidents. On the other hand, autonomous police performs the function for citizen's life safety as crime prevention and the enforcement on the violation against police operation law, together the traffic management and the regulation on traffic violations. and the investigation on minor crime as simple violence or petty larceny including the management on local big events. Second, the budgetary of autonomous police is rationalized by the share of budgeting between Korean government and Jeju special self-government province. Third, urgent arrest authority on general crime and the rights of claims for the summary trial on minor crimes are given to autonomous police. Of course, this problem is resolved naturally in case of giving the investigation rights to autonomous police on minor crimes.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.187-220
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• 2020

Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.159-193
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• 2015

Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

• Korean Chemical Engineering Research
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• v.60 no.3
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• pp.334-346
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• 2022

There is a lack of knowledge and information on the understanding and application of the Process Safety Management (PSM) system, recognized as a major cause of industrial accidents in small-and medium-sized workplaces. Hence, it is necessary to prepare a protocol to secure the practical and continuous levels of implementation for PSM and eliminate human errors through tracking management. However, insufficient research has been conducted on this. Therefore, this study investigated and analyzed the various violations in the administrative measures, based on the regulations announced by the Ministry of Employment and Labor, in approximately 200 small-and medium-sized PSM workplaces with fewer than 300 employees across in korea. This study intended to contribute to the prevention of major industrial accidents by developing a facility maintenance web program that removed human errors in small-and medium-sized workplaces. The major results are summarized as follows. First, It accessed the web via a QR code on a smart device to check the equipment's specification search function, cause of failure, and photos for the convenience of accessing the program, which made it possible to make requests for the it inspection and maintenance in real time. Second, it linked the identification of the targets to be changed, risk assessment, worker training, and pre-operation inspection with the program, which allowed the administrator to track all the procedures from start to finish. Third, it made it possible to predict the life of the equipment and verify its reliability based on the data accumulated through the registration of the pictures for improvements, repairs, time required, cost, etc. after the work was completed. It is suggested that these research results will be helpful in the practical and systematic operation of small-and medium-sized PSM workplaces. In addition, it can be utilized in a useful manner for the development and dissemination of a facility maintenance web program when establishing future smart factories in small-and medium-sized PSM workplaces under the direction of the government.