• Journal of the Korean Society for Marine Environment & Energy
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• v.6 no.1
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• pp.30-43
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• 2003

The geography, circulation pattern, and ecology show that the semi-closed seas of Northwest Pacific be managed as one complete system. Ongoing multilateral cooperative efforts relevant to marine environmental protection in the Northwest Pacific area, include the Working Group for the Western Pacific (WESTPAC) established under the auspices of WNESCO's Intergovernmental Oceanographic Commissions, the UNDP/GEF Programme on Prevention and Management of Marine Pollution in East Asian Seas (PEMSEA), the North Pacific Marine Science Organization(PICES), and the United Nations Environment Programme(WNEP)'s Northwest Pacific Action Plan(NOWPAP). The present report firstly describes the current situations on the existing regional cooperative regimes for marine environmental conservation in the Northwest Pacific region, with a special respect to the Northwest Pacific Action Plan(NOWPAP) which was adopted in 1994 by Japan, People's Republic of China, Republic of Korea and Russian Federation. Then, problems of the existing regimes are also discussed, together with the suggestion of the possible solutions, focusing on NOWPAP. Suggestions include: 1) the Northeast Asian countries should understand the importance of legally-binding regional convention, and should build up any legally-binding instrument which can function as a big umbrella for real regional cooperation without prejudice to the rights of the States, 2) At present stage, it will be possible to make a regional convention flexible without prejudice to the sovereign right of the States or territorial issues; 3) taking into account that the region often faces many generic political problems that often inhibit the effective collective actions on environmental issues, the leadership from UNEP or other international organizations is required; 4) strong institutional and financial framework should be made, and 5) multilateral efforts to respond to the new marine environmental threats should be taken at the regional level in order to protect the coastal and marine environments in the Northwest Pacific.

• The Journal of KAIRB
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• v.1 no.2
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• pp.30-42
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• 2019

In pharmaceutical clinical trials as human material research, the collection, use, storage and provision of human materials must be in accordance with the criteria stipulated in 「Bioethics and Safety Act」, except in the case that some criteria about it is in the law related to clinical trials such as 「Pharmaceutical Affairs Act」 and 「Enforcement Rule on Safety of Drugs, etc.」 so these take precedence over. Under 「Bioethics and Safety Act」, the core aspect of the legal standard for obtaining informed consent is the use of statutory form . The use of statutory form ensure that both those who obtain informed consent and those who give it can know the contents contained this form as well as recognize its importance. Thus, the person who has the right to informed consent can sign the statutory form after correct understanding of the contents. In reality, however, some researchers and IRB members determine that only the main informed consent form is to be used because most of contents on statutory from are included in the main informed consent form. Some other researchers and IRB members judge that the use of statutory form is not needed if human materials may only be used for laboratory testing and the rest will not be stored and provided for future use. Most of these determination and judgement is based on the interpretation of the Korea National Institute for Bioethics Policy(hereafter, KoNIBP) on IRB Information Portal Site. But, it is questionable whether the KoNIBP's interpretation is legally valid and the KoNIBP is the legal entity having authority to interpret existing statute. In some cased not only using the main informed consent form including enough information about the collection, use, storage and provision of human materials but also collecting necessary minimum human materials, and discarding the rest, unusing the statutory form may not cause the problem to respect and protect the research participant's rights. Therefore, the provision stipulating the criteria about the use of statutory form as the legal standard of obtaining informed consent that applies all human material research without exception should review to revise. At least, straighten out the confusion surrounding whether or not the statutory form is to be used, before the revision of related provision, considering the logical opinions of some researchers and IRB Members, the Ministry of Health and Welfare as the legal entity having authority to interpret existing statute should represent its opinion about permission of the acceptable exceptions.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.185-209
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• 2014

While the local health insurance and the employment-based insurance were integrated in July 2000, the insured is divided into employment-based insured and the local insured and the relevant premium has been applied to both groups. The health insurance premium having the feature of social solidarity has to be determined depending on income, that is, the ability to pay in accordance with the principles of social insurance. While employment-based insurance premium has been determined depending on the earned income, the local insurance premium for the local insured has been determined by scoring gross income(evaluated income), property and possession of automobiles. A variety of improvement approaches has been implemented including introduction of the employment-based insurance premium ceiling system (2002) and the change of property scoring system for the local insured (2006). However, the health insurance system which was merged in 2000 has been implemented up to now without significant change even though there were lots of socio-demographic change including increase of income level and the population structure such as low birth and aging. In other words, it is required to implement the premium rating system securing the income-based equity. Nevertheless, it was inevitable to apply the diverse rating standards in the early stage because it was very difficult to verify the income of the self-employed. Although the income verification rate was significantly increased from 23% in 1989 to 44% in 2010, the irrational standards including property, automobiles, living standard and activity rate have been still applied to the local insured because it is difficult to secure the validity of insurance premium rating system and it severely lacks of security. This paper investigated whether the current insurance premium rating system for the local insured imposing the premium on the basis of 'gender' and 'age' complies with the basic human rights secured by the current Constitution of the Republic of Korea with respect to the practical and theoretic irrationality of insurance premium rating system and standards for he local insured. In accordance with the analysis results, this paper proposed the approach to improve the system.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.41-64
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• 2003

This paper describes the liability regime of the air carrier under the Montreal Convention of 1999 for the international cargo, comparing to those of the existing Warsaw system. Also this paper deals with main issues of the Montreal Convention which are relevent for the carrier's liability in the carriage of the air cargo. The Warsaw Convention was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975, and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. The air carrier is liable by application of principle of strict liability as stated in the Montreal Convention : The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air, and the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. However, the Montreal Convention has some outstanding issues with respect to the liability of the air carrier : potential conflicts between the Montreal Convention and the Warsaw Convention, the amounts of limits of the carrier's liability, the duration of the carrier's liability, the exessive litigation, and the aviation insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• Journal of Convergence for Information Technology
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• v.11 no.3
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• pp.68-76
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• 2021

This study was attempted to understand the relationship between the attitudes toward abortion, euthanasia, and the level of perception of good death among nursing college students and related factors. The data were collected by using structured questionnaires and the subjects were selected in C and G city. The research method was a descriptive research study, and the mean, standard deviation, frequency analysis, and Pearson's correlation coefficients were analyzed for the variables. The results of this study are as follows. The degree of support for the abortion opposition was 2.51±.56 (score range 1-4), and the opposition to abortion was superior to the approval..The perception of euthanasia was 3.06±.47 points (4 point scale), which was positively recognized at a higher level than the middle, and the good death perception was 2.97±.47 points (4 point scale), which was moderate. 97.1% of the respondents said that they had abortion decisions, and 5.7% of the university students experienced abortion. The attitude toward abortion showed negative correlation with the attitude toward euthanasia (r=-.374, p<.001), showing that the more supportive the anti-abortion, the more positive the attitude toward euthanasia. Therefore, it is necessary to educate the subjects to protect and respect the human rights of patients based on the dignity of life and humanistic thinking while providing nursing services.

• Journal of the Economic Geographical Society of Korea
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• v.21 no.2
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• pp.119-138
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• 2018

The Hmong people are one of the largest ethnic groups in Vietnam. They traditionally practice shifting cultivation for their daily subsistence. This group has a traditional governance system as well as strong clan and kinship relationships that occupy an important role in maintaining Hmong culture and livelihoods. The state's approval of the legitimate and statutory law for the Nature Reserve largely excluded local rights of access to and the use of natural resources. This study focusses on Hmong responses to the state interventions of the establishment of the Nature Reserve as well as forest land allocation. Based on Scott's contribution of Moral Economy (1976), the authors argue that local responses function as a 'risk-averter' against state intervention. Meanwhile, the intra and inter-ethnic relationships based on the 'subsistence ethic' help locals successfully mitigate state intervention. These findings help the state rethink their interventions, which have been constructed with very little respect for local differences or the desires of ethnic peoples. Furthermore, the main findings, which reveal that not only the intra-ethnic relationship but also the inter-ethnic relationship among ethnic minorities can play an important role in maintaining the Moral Economy, are expected to deepen the previous understanding on the Moral Economy, which has previously constrained its scope to the intra-ethnic relationship.

• Convergence Security Journal
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• v.11 no.2
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• pp.65-77
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• 2011

In Western Europo and the US, there has been a general trend over 30 years of reducing the amount of force by the police, through a paradigm shift from 'Escalated Force Model' towards 'Negotiated Management Model'. In tune with this trend, for example, the Swedish Police have implemented the uniformed 'Dialogue Police' system, in order to establish communication contact with demonstrators, before, during, and after their events, The Negotiated Management Model involves a greater respect for the rights of protesters, a more tolerant approach to community, and improved intelligence, communication, and flexibility, in order to facilitate lawful protests and to reduce the possibility of an escalation of major public disorder. The Korean National Police (KNP) appears to be operated within this negotiated management framework, since in preparation for the G20 Seoul Summit, they have also emphasized good communication between the police and protest groups, by newly creating the concept of 'Protest Policing Through Facilitation of Lawful Protests'. In this context, this study first attempts to analyze not only the negotiated management model, but also the Swedish dialogue police. Secondly, the study conducts a comparative study between the KNP's Protest Policing Through Facilitation of Lawful Protest and the Swedish dialogue police system, particularly, in conjunction with the negotiated management. Although Korean and western police have different system and history, protest policing model is now approaching with each other through a link between conflict resolution techniques, such as dialogue, negotiation, mediation and facilitation. Finally, the study is to prove if the KNP's protest policing model corresponds with the negotiated management model, and further to suggest new 'Facilitation of Conflict Resolution Model' as a desirable future of the KNP's protest policing.

• Journal of Digital Convergence
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• v.10 no.11
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• pp.87-92
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• 2012

In the early 2012, European Union proposed new legal framework, including the right to be forgotten, for the protection of personal data. The new Proposal articulates kind of sweeping new privacy right and there has been debates on its potential threat to free speech in the digital age. While the situation is similar in Korea, I want to introduce the right to be forgotten in the Proposal. Then, I will analyze current legal system in Korea regarding the new privacy right and suggest some guidelines in searching direction for the coming legislation with respect to the right to be forgotten. The right to be forgotten should not have been promulgated without considering fully its effect on the free speech, especially in the society where the voice toward direct democracy or movement toward participation of the citizen, mainly through cyber space or Social Network Services, has risen much higher in Korea. Especially, the new right seems not to cover the control of data subject on a third party where the third party expressing his opinion by posting himself other's personal data on his blog or others.

• Trans-
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• v.12
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• pp.141-171
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• 2022

This study was conducted to understand media and cultivate personality by using media as data for personality education. To achieve this purpose, the Personality Education Promotion Act and the Korea Educational Development Institute's personality virtues were selected as educational elements, and a personality education program using media was developed in combination with the middle school curriculum. For this study, first, in order to extract personality virtues, 13 personality virtues were finally selected as educational elements by comparing and synthesizing the personality virtues of the Personality Education Promotion Act and the Korea Education Development Institute. The final personality virtues selected are self-esteem, courage, sincerity, self-regulation, wisdom, consideration, communication, courtesy, social responsibility, cooperation, citizenship, justice, and respect for human rights. Second, in order to select media and set the direction of development of personality education programs, the process of collecting media data was confirmed, and the direction and goal of the program were set by analyzing the middle school curriculum. Third, in order to propose a method of applying a personality education program using media, the personality grafting unit was selected by referring to the commentary on all subjects of the 2015 revised curriculum.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.319-382
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• 2008

As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).