• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.9-74
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• 2006

Due to the awareness of their rights for medical liability and the advancement of legal principles, it becomes also not hard to find those who seek damages against hospitals, doctors and nurses for the suicide committed under the protection of psychiatric institute in Korea these days. Judgements on these kinds of cases are not enough yet, so that it may be too early to try to find principles used in these cases, however it is hardly wrong to read following things from above cases. That is, to gain the case, plaintiffs should show (1) there exists an obligation of "due care"(there is a special relation between patients and hospitals), (2) the duty is violated on the basis of the applicable standard of care, (3) whatever injures or damages are sustained are proximately caused by the breach of duty and (4) the plaintiff suffers compensable damages. To specific, whether a psychiatric institute was liable for wrong death or not depends upon the patients conditions, circumstances and the extent of the danger the patients poses to himself or herself; in short, the foreseeability of self-inflicted harm(the doctor should have or could reasonably have foreseen the patient's suicide and the doctor's negligence actually caused the suicide). In this context if a patient exhibit strong suicidal tendencies, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly dashes from an attendant and jumps out a window or otherwise attempts to injure himself or herself. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only re quires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. Most of these principles have been established at cases of the U.S.A and Japan. In this article you can also find the legal organizations of medical liability and medical contacts on the suicide of patients who have psychiatric diseases under Korean negligence law.

• Journal of Food Hygiene and Safety
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• v.36 no.4
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• pp.342-346
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• 2021

Cold brew coffee extracted from cold water for a long time has drawn public concern over hygiene. This study was carried out to investigate the microbiological contamination levels and caffeine contents in cold brew coffee. A total of 75 cold brew coffees were purchased from offline and online sources. As a result, the average number of bacteria in samples purchased online was 1.14 log CFU/mL (0-6.57 log CFU/mL), while bacteria were not detected in samples purchased offline. Therefore, stricter surveys are required to avoid the food contamination. However, Esherichia coli and nine types of foodborne pathogens were not detected in all samples. The average caffeine content of the samples was 1.6 mg/mL (384 mg/240 mL), so the caffeine almost reached to acceptable daily intake levels (400 mg for adults). However, ten products did not provide any precautions for consumer safety, so improvement of the system is needed. This monitoring data can contribute to the protection of consumer rights and improvement in the safety of cold brew coffee.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.109-131
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• 2010

Investment Agreement is to be a part of FTA, as negotiating together both trade and investment. For example, it has a separate chapter about investment in KORUS FTA contract and is more detailed and inclusive than BIT contents which are traditional investment provisions. It is called to the investment norm of FT A. The investment agreement lures a foreign investment by providing the environment which is stable to the foreign investors. Hence, it plans in goal for the economic development of the home country. In international investment, the arbitration award cases are coming out to be divided into two parts applying MFN provisions in investor protective principles and dispute resolution process; the tendency of broad interpretation and the tendency of limited interpretation. In the case of RosInvest Co UK Ltd v. the Russian Federation awarded in 2007, the arbitration tribunal interprets that the application scope of MFN provisions contain the more lucrative dispute provision than other BITs without limitations in entity right of the investor. This judgment is the same view as arbitration tribunal position of Maffezini case. The arbitration tribunal of Plama case has kept out an assertion magnifying the arbitration tribunal's jurisdiction. That is, for applying more inclusive investor-nation resolution method from different treaty, tribunal mentioned that MFN provision had to see clearly a point of applying the investor-nation dispute resolution method. Dispute resolution process providing inclusive MFN provision has both the tendency of broad interpretation and the tendency of limited interpretation. It needs ceaselessly to do the monitoring about cases of arbitration award. In conclusion, the point where MFN provisions are applied conclusively is recognized, but it is still controversial whether or not to magnify the jurisdiction of arbitration tribunal applying MFN provisions. Therefore, it does not exist clear principle in the theory or in the award eases about the application scope for entity protection provision of MFN. Hence, The Korean government of Korea and local autonomous entities needs to keep their eyes on the trend of the international arbitration award cases in relation to the investment dispute for the future. Also, Korean government or local self-governing group must consider MFN provisions when they make a contract of international investment treaty such as writing concretely the application of MFN provisions from KORUS FTA.

• Journal of Information Technology Services
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• v.13 no.3
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• pp.149-164
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• 2014

The laws and policies governing Korea's game regulations are becoming more and more topics for debate as we enter the Age of Internet. The nature of the basis for Internet regulations and policies are not rooted in freedom of speech or fundamental values of democracy, but rather focused on solving real-world problems such as protection of the youth. Furthermore, the reality is that regulatory devices for keeping the social order such as regulating gambling are being applied directly to games without consideration on the characteristics of Internet gaming, raising concerns that the expansion of constitutional values and innovative empowerment inherent to the Internet are being weakened. The Geun-Hye Park Administration which succeeded Myung-Bak Lee's Administration, even went so far as to implement the so-called "Shutdown Policy", which prohibits access to Internet games during pre-defined time zones and also instigated a time zone selection rule. In order to curb the gambling nature of Internet games, government-led policies such as the mandatory personal identification and prohibition of player selection or in other words mandatory random player selection are being implemented. These institutions can inhibit freedom of speech, which is the basis of democracy, violate the right of equality through unreasonable discrimination between domestic and foreign service providers, and infringe upon the principles of administrative law, such as laws, due process in policies, and balance in among policies and governmental bodies. Going forward, if Korea's Internet game regulations and polices is to develop in a rational manner, regulatory frameworks will need to be designed to protect the nature of the Internet and its innovative values that enable the realization of constitutional values; for example, the Internet acting as the "catalytic media for freedom of expression as a fundamental human right ", which has already been acknowledged by the Korea's Constitutional Court. At the same time, transparent procedures should be put into place that will allow diverse participation of stakeholders including game service providers, game users, the youth and parents in the legislation and enforcement process of regulatory institutions; policies will also need to be transformed to enable not only regulatory laws but also self-regulation system to be established. And in this process, scientific and empirical analysis on the expected effects before introducing regulations and the results of enforcing regulations after being introduced will need to be strengthened.

• Korean Journal of Medicinal Crop Science
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• v.21 no.5
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• pp.353-360
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• 2013

Korean ginseng (P. ginseng C. A. Meyer) is one of the most important medicinal plant in the world. Understanding genetic variability among the assortment of Korean ginseng is important for breeding. The aim of this study was to molecularly characterize Korean ginseng cultivar and breeding lines through the use of eight previously reported STS markers (MFGp183, MFGp130, MFGp110, UFGp74, UFGp163, MFGp108, MFGp81 and UFGp156). All STS markers produced interpretable electropherograms from 31 accessions consisting of 11 Korean ginseng cultivars and 20 breeding lines. When eight STS markers were combined, we identified to total 19 genetic patterns; in particular, nine cultivars (Chunpoong, Yunpoong, Gopoong, Gumpoong, Sunpoong, Sunone, Cheongseon, Sunhyang, Cheonryang) and 5 breeding lines (G08012, G04079, G04075, G08036, G04110) in ginseng samples can be discriminated from the others. Together with other available markers, these STS markers will contribute to the management of ginseng genetic resources and the protection of breeders' rights.

• Journal of Legislation Research
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• no.44
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• pp.655-688
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• 2013

Most of all the transfer of undertakings in such a service provision business as labour-intensive operation creates uncertainty of employment, aggravates terms of employment and breaks a trade union. However there are no regulations in Korea to protect employees from these undesirable situations. On the other hand Great Britain has introduced the concept of a transfer of undertakings by service provision change in 2006. It was intended to remove or at least alleviate the uncertainties and difficulties created by the need under TUPE 1981 and EU Directive to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee. In contrast to the words used to define transfer in the 1981 Regulations 'service provision change' is a wholly new statutory concept and distinguished from the economic entity. The new provisions seems to be straightforwards and the circumstances in which service provision change is established are clearly set out in Regulations. In this context there is no need for a judicially prescribed multi-factorial approach, as advanced by European Court of Justice like Spijkers test. The new concept of service provision change apply even though there are some minor difference or differences between the nature of the tasks carried on after service provision change as compared with before it. A commonsense and pragmatic approach is required and It is enough only to ask whether the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transfer. TUPE 2006 of Great Britain far exceeding the scope of the Acquired Rights Directive is full of suggestions as a model of legislation to secure a stable employment itself and favorable and fair conditions of employment. More active efforts are needed for lawmaking to prohibit a dismissal and vary conditions of employment for the reason of the transfer of undertakings itself.

• The Journal of the Korea Contents Association
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• v.21 no.2
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• pp.78-84
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• 2021

Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.10
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• pp.480-489
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• 2020

Controversy and legal disputes over counterfeit fashion designs have recently arisen in the fashion industry. The purpose of this study is to examine cases of counterfeiting disputes over fashion designs, and how the perception of counterfeit fashion designs is fostered from the learner's point of view, suggesting implications for the counterfeiting problem. As a result of this study, first, counterfeiting disputes over fashion design started from a lack of utilization of the Design Protection Act and the ambiguity in counterfeit design criteria. Second, the negative perceptions of counterfeit designs were mainly about unethical behavior, inhibiting the growth of the fashion industry, and reducing consumers' willingness to buy the genuine article. Positive perceptions were mainly about the process of creation, the promotion of a developmental environment for the fashion industry, and the expansion of opportunities to promote new designs. The most common perception was the absence of clear criteria for judgments about counterfeiting. Third, the implications of the counterfeiting problem in fashion design require effective institutional improvement in the fashion industry, the establishment of standards to deal with counterfeiting, the development and practical introduction of education proposals regarding intellectual property rights, and changing the perception of counterfeiting in the fashion industry.

• Journal of Korea Entertainment Industry Association
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• v.14 no.4
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• pp.199-209
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• 2020

"Positive Influence(PI)" of popular star has recently emerged as a social concern, but the lack of prior research has led to confusion over its concept and range of activity. On this point, this study carried out to lay the groundwork for discussions on the systematization of related theories, focused on identifying the current situations by analyzing articles for 15 months from January 2019 to March 2020 when related reports were in full swing. As a result of the analysis of the remarks from the entertainers mentioned in the articles, they were not clearly aware of the concept while doing good deeds under the name of PI in light of the study outcome by Aegean and Singer(2013). The motivations for good deed were classified into six types, including difficulty empathy, fandom reward, participation urge, nidana emphasis, experience subjugation, and memory evocation in the order of frequency of cases. Specific behaviors of PI were followed by donations of money and valuables for 54.4 percent, participation of social agendas for 14.0 percent, volunteering for 13.2 percent, joining campaign for 11.4 percent, other good deeds for 4.0 percent, and philanthropy for 3.0 percent. In occupational analysis, the concentration of donations was also evident. Their activities in the fields of human rights sensitivity, environmental protection and self-management, which are expected to have great effects with their influence, have been extremely poor. The results of the study first require academia to establish a interdisciplinary concept for PI. It also suggests that entertainers and their agencies should take far more strategic approach to evolve the PI event in a way that utilizes the advantages of each job group, such as actors, singers and comedians, and expands the diversity of areas.

• Journal of the Korean association of regional geographers
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• v.11 no.5
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• pp.488-499
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• 2005

The trends of Chinese and Yanbian University's reform were studied in this work. Although the history of Chinese modem university education is short, and all Chinese Universities experienced same social problems, however, development of each university was different. Especially after 90's, with applying socialism market economy theory, Chinese university education have changed a lot. Main conclusions were summarized as follows. First, to exert university's self-determination, University management system was changed. More and more rights and freedoms of operating university were given to universities which were originally controlled by central and local government. With that, universities were cheered to develop extensively based on its ability. Second, efforts to fit market economy were observed. It reflects in all aspects, such as systems of university financing, operating, admission and graduation of students. Third, professor competition system was adopted to promote professors enthusiasm. Forth, to survival in hot competition among universities, differentiation policy was applied. In brief, it could be said that rapid developments of Chinese university education have achieved recently. However, problems such as universities are still under supervision of central and local government: expand of university scale rather than education quality was focused on: limit of investment to university: lack of legal protection for finical supporting: lack of university democratization were still remain. It was expected that these problems will be solved in future university reforms.