• 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).

• Korean Security Journal
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• no.59
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• pp.189-215
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• 2019

As modern society has become specialised and complex in all areas of politics, economy and society, it has reached a point where it is difficult to control crime with the general public power. Private security, which began to fluctuate after the 19th century, has expanded its scope to subsidise public power in various areas, sometimes beyond public power. Among these private security activities, the private investigate system has long been used to provide private investigate services that are safe from personal human rights protection and crimes. This study investigate the private investigation system in the United Kingdom and South Korea focusing on the missing person investigation system by using the qualitative content analysis of research methods. First, the results of the qualitative content analysis are described through methods such as literature reviews and interviews on how the British private investigation system and the missing persons search system are implemented. Next, the results of the content analysis are presented through the methods of literature reviews and questionnaires on how the implementation of the civilian survey in Korea and the search for missing people is proceeding. It is a very important field in both countries, and there is a very limited study, especially from a Korean perspective. Therefore, it is expected that this study will not only facilitate discussions for the successful legalisation of the private research system, but also provides a basic foundation for future research. The study of the private research system should be ongoing and periodic, not temporary. In addition, in order to introduce Korea's private survey system, the private investigation system should be developed by discovering the problems of the Private Investigation Law mentioned in this study and collecting opinions from citizens, academics and related institutions. The introduction of the private investigation system requires the connection of the efforts and interests of citizens, academia and related institutions.

• Journal of Digital Convergence
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• v.13 no.4
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• pp.227-233
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• 2015

The recent health care is growing rapidly want to receive offers users a variety of medical services, can be exploited easily exposed to a third party information on the role of the patient's hospital staff (doctors, nurses, pharmacists, etc.) depending on the patient clearly may have to be classified. In this paper, in order to ensure safe use by third parties in the health care environment, classify the attributes of patient information and patient privacy protection technique using hierarchical multi-property rights proposed to classify information according to the role of patient hospital officials The. Hospital patients and to prevent the proposed method is represented by a mathematical model, the information (the data consumer, time, sensor, an object, duty, and the delegation circumstances, and so on) the privacy attribute of a patient from being exploited illegally patient information from a third party the prevention of the leakage of the privacy information of the patient in synchronization with the attribute information between the parties.

• Journal of Fisheries and Marine Sciences Education
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• v.26 no.4
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• pp.769-788
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• 2014

Today, all the countries of the world newly recognize importance of sea on 70% area of the earth, which are focused on efforts for security of marine territory and fishes resources. On the security concerns of the ocean & fishes resources, Sea are very important on the ground of the importance of the ocean, thus international community has been trying to combat a maritime security threat and illegal fisheries. Coastal states need to have proper state's jurisdiction and exercise it's jurisdiction to response effectively to a maritime security threat and illegal fisheries. Here, many of the coastal states strengthened the rights in Exclusive Economic Zone(;EEZ) naturally, there are made cooperation activities and keen competition in the sea because deepening of complex understanding of the relationship between the surrounding countries with marine surveys & continental shelf development, island territorial sovereignty & marine jurisdiction in overlap of sea area on EEZ. In these circumstances, foreign fishing boats invaded to our territorial waters and EEZ many times. in addition, Chinese fishing boats are going to illegal fisheries naturally. On this point, a powerful crackdown of maritime enforcement organization had no effect on them. Also more and more their resistance gathered strength and tendency of a illegal activities became systematization, group action and atrocity little by little. So this thesis includes a study on the regal regulation, the system and formalities on the control of illegal fishing. And the author analyzed the details of the activities of illegal fishing and boats controlled by Korea Coast Guard(KCG), fishing patrol vessels of Ministry of Maritime Affaires and Fisheries(MOMAF) and Navy etc. from in adjacent sea area of Korea. In relation to this, the policy and activity plan were devised to crackdown to illegal fisheries of foreign fishing boats and then it was enforced every year. According to this, analyze the present conditions of illegal fisheries of a foreign fishing boats on this study, also analyze the present conditions of maritime enforcement organization & found out problems to compared it. protect the territorial waters, at the same time protection of marine mineral resources & fishes resources of EEZ including continental shelf, which has want to study for the role & response of maritime enforcement organization for the protection of fisheries resources and a proper, a realistic confrontation plan of maritime enforcement organization against illegal fisheries of foreign fishing boats.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.37-60
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• 2017

Ownership is the bundle of rights that allow a person or institute to use and control an object. As the biomedical science is advanced, we should consider whether human biological material should be recognized as property. Whether separated parts of the human body can be objects of ownership is a different issue. Many thought that separated parts of the human body could not be objects of ownership. This idea is primarily based on this thought: even if a piece of human biological material is separated from a person, it still relates to that person, and if treated as a thing, human dignity may be harmed. However, some commentators have admitted separated parts of the human body into the realm of property. Though a person owns his/her body or body parts, this does not mean that he/she can do anything he/she desires. There are many natural and social limitations to exercise the ownership of human biological material as discussed above. Human dignity is the core consideration whether or not we recognize that ownership of human biological material biomedical research and knowledge.

• Journal of Science and Technology Studies
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• v.18 no.2
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• pp.307-342
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• 2018

This article is to discuss about a debate on controlling and handling rights of diagnostic instruments for the outbreak of Foot-and-Mouth Disease(FMD) in South Korea between 2010 and 2011. The epidemic of FMD caused catastrophic shockwave to the whole Korean society and there was fierce debate what was the best diagnostic tool for the disease and who owned the controlling power. The central government insisted to have the power of controlling the diagnostic tool to maintain the nation-centered disease control while local governments and civil organisations attempted to take over the controlling power of the diagnostic tools. In this article the concept of boundary objects which was suggested by an American STS academic, Susan Leigh Star and her colleagues. The boundary object could be the useful concept for capturing the whole process of constructing and imposing meanings and social orders in the diagnostic tool, called the portable antibody/antigen diagnostic kit. The constructing process of this boundary object must be understood with relation to boundary making activities between different social groups.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.9 no.5
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• pp.25-37
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• 2010

This study is aimed at enhancing mobility rights for the transportation underprivileged that has been made light of relatively compared to normal people. In order to do this, we've suggested having ITS (Intelligent Traffic System) built and improving satisfaction through the test operation of its main system. The existing sound signal device for the visually handicapped has one problem with managing it. Because, the people in charge of it had to visit each problematic site directly to maintain and fix some problems every time it was out of order. Moreover, it couldn't provide sustainable services about voice guidance and the visually handicapped had to control it by either confirming the location of buttons that were installed on the pillar of traffic light and then pressing one of them or using a remote controller on their own. In order to improve such inconveniences, we have created a new typed sound signal device for the visually handicapped by applying the cutting-edge wireless technology based on ergonomics considering actual road situations. Such technology enables it report the status of signal device and light to them by using its voice guidance system automatically every time they have access to it. Additionally, we've already introduced it to a couple of test areas and then known the fact that they recognized traffic situation more conveniently and safely compared to the existing sound signal device. That is above average in terms of satisfaction. In addition to that, we've provided LTS (Location Tracking System - Location-based service intended for elementary students) by utilizing the existing wireless infrastructure and founded the fact that about 87% of their parents were satisfied with the service based on LTS.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.3-32
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• 2014

Article 77 sets forth the principle of prevention applied in several legal systems. Under this principle the party threatened by ooss as a consequence of a breach of contract by the other party is not permitted to await passively incurrence of the loss and then sue for damages. He is obliged to take adequate preventive measures to mitigate his loss. If the injured party abstains from taking such excessive measures he will not be considered to have failed to mitigate the loss under Article 77. The sanction provided in Article 77 against a party who fails to mitigate his loss only enables the other party to claim reduction in the damages. The reduction in damages under Article 77 is equal to the amount by which the loss should have been mitigated if the injured party had taken reasonable measures to avert or to lessen it. The aim of Article 77 is to encourage mitigation of the loss. The duty to mitigate the loss applies not only to a breach of contract in respect of an obligation whose performance is currently due. but also to an anticipatory breach of contract under Article 71. Article 85 contemplates that the buyer is in delay in fulfilling the latter obligation, or else that he fails to pay the price when payment is to be made concurrently with delivery of the goods by the seller. In both these situations of default, the seller who is either in possession of the goods or otherwise able to control their disposition must take measures, reasonable in the circumstances, to preserve them. The right of retention of the goods y the seller exists until he is reimbursed by the other party for the reasonable expenses incurred. Article 87 and Article 88 of the Convention grant different rights to the party obligated to take steps to preserve the goods; Article 87 allows him to deposit them in the warehouse of a third person, and Article 88 to sell them by whatever means appropriate. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2) which imposes the duty to take reasonable measures to sell the goods.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.133-173
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• 2011

Since mid-1960s the reports from the Surgeon General, the World Health Organization, and other health experts state that there is no risk-free level exposure to smoking and secondhand smoke. Tobacco smoke is made up of more than 7,000 chemicals. Hundreds are toxic, and at least 70 are carcinogens. The chemicals in tobacco smoke reach smoker's lungs quickly every time smoker inhale causing damages immediately. Inhaling even the smallest amount of tobacco smoke can also damage smoker's DNA, which can lead to cancers. Smoking is responsible for more than 87% of lung cancers, but there are a host of other chronic diseases directly related to exposure to tobacco smoke. It's also a major cause of heart disease, stroke, aortic aneurysm, peripheral arterial disease and most of the other diseases. In the United States, each year with more than from 440,000 to 520,000 deaths caused by smoking and exposure to involuntary smoke. They conclude that smoking is the single most important source of preventable morbidity and mortality. The United States of America have about 60-year history of tobacco litigation. Tobacco litigation has been an important tool in tobacco control strategies aimed at limiting the activities of tobacco companies and providing redress to people who have become ill as a result of their use of tobacco products. Tobacco litigation is a kind of tort litigation. Quite often, as in the asbestos and other mass tort litigation episodes, tobacco litigation can play an educational role, warning the public about the magnitude of health risks that might otherwise be less clearly perceived. Tobacco litigation allows smokers, their families or other victims of smoking to sue tobacco companies in order to be compensated for the harm they have suffered. Potential benefits of tobacco litigation include compensation for smoking-related damages, strengthening regulatory activity, publicity, documents disclosure and changing tobacco industry behavior. And also tobacco litigation can limit the political activities of tobacco industry, protect human rights of smokers and non-smokers, increase burden to tobacco price-up and enhance the effects of law and politics in public health.

• Journal of Cadastre & Land InformatiX
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• v.49 no.2
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• pp.5-21
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• 2019

The purpose of this study is to investigate and analyze the cadastral transformation process of Dokdo-ri based on the institutional concept of the cadastre, while presenting the cadastral characteristics of Dokdo-ri therefrom. For this purpose, both the literature search method and the Internet search method were used. As for the analysis method, descriptive analysis method and comparative analysis method were used. The findings support that the cadastral characteristics of Dokdo-ri is drawn as follows: First, from the physical point of view, the cadastral characteristics of Dokdo-ri shows that the territory is given by the smallest lot numbers in the country and that the territory is also given by the land lot number consisting of small size lots without continuing the ground for which the cadastral resurvey project was carried out for the first time. Second, in terms of the rights, the cadastral characteristics of Dokdo-ri shows that the entire area given by the lots is owned by a single owner and no ownership has been changed. Third, in terms of its value, the cadastral characteristics of Dokdo-ri shows that it is the only area given by the lots of which the officially assessed individual land price has never been decreased in the entire lots. Fourth, when it comes to presenting the cadastral characteristics of Dokdo-ri in terms of the use control/restriction, the consciousness of preserving Dokdo-ri and the consciousness of enhancing real territory are confronted but due to the Cultural Heritage Protection Act etc, the cadastre turned out to be a very passive cadastral work.