• The Korean Society of Law and Medicine
• /
• v.20 no.2
• /
• pp.111-140
• /
• 2019

The Bioethics and Safety Act provides a set of rules to regulate biobanks and research activities using human biological material, but the law seems to be defective in several folds. The law requires that, prior to collection or use of human biological materials, researchers should obtain the informed consent of the donors, but the law does not obligate biobanks to do so. Even in cases where the law requires informed consent, the ordinance of the Ministry of Health and Welfare allows open (or blanket) consent. In addition, a new article in the Act, Article 42-2 which will take effect from October 24, 2019, allows medical institutions to provide biobanks with remaining biospecimens collected in the course of diagnosis and treatment, unless the donors express their intent to opt-out, without obtaining specific consent from them. Given the need to protect the autonomy of donors and the unique characteristics of biobanks and research activities that use human biological materials, this paper concludes that such open consent-based law may not be suitable to protect the autonomy of the donors and that the broad consent requirement may be a desirable policy option. The paper acknowledges that the international community has long questioned whether broad consent (as well as open consent) is an effective choice to regulate the use of human biological materials. The paper stresses that the baseline requirement in designing the law is that the secondary use of human biological materials should be based on informed consent of the donors; the core value of the law should be a governance structure that promotes transparency and protects donor participation.

• Journal of the Society of Disaster Information
• /
• v.17 no.2
• /
• pp.306-318
• /
• 2021

The dispatch law has a negative impact on safety management at construction sites as the command and command relationship to safety assistants of the original contractor are applied to the dispatch law. Purpose: The purpose is to study the importance and impact of safety management according to the dispatch law, and to propose a direction for safety management so that safety assistants can actively and proactively prevent accidents. In this study, we used AHP analysis techniques for experts to achieve the final goal and verified the suitability through logistic regression. Method: AHP analysis technique is used for experts and workers and logistic regression analysis is conducted. Result: The result of analyzing scenario data where the dispatch method can be applied showed the importance in the order of education (SkillUp education), management (work-time management) and direct instructions (feedback instruction). In logistic regression analysis, feedback is the factor that affects direct instruction, and in education management, the ratio of education management is 3.42 times lower than that of other groups when only the team leader of the company gives work instructions. Conclusion: The management of feedback and education is more important than anything else within the range in which the dispatch method is not applied, and the expansion of non-face-to-face online education is judged to avoid the violation of dispatch method because the expansion of non-face-to-face online education due to covid 19 recently has brought more various target for safety education.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.12 no.2 s.25
• /
• pp.125-132
• /
• 2006

1994년 "유엔해양법협약" 의 발효로 새로운 국제해양법제도가 확립되면서 세계 각국은 통일적인 해상집법체제를 구축함으로써 관할해역에 대한 종합적인 관리를 강화하고 있다. 그러나 중국은 아직 전통적인 분산형 산업관리체제를 유지하고 있어 기존의 해상집법역량은 날로 확대되는 국가주권과 해양권익의 수호요구를 충족시키지 못하고 있다. 따라서 본 연구에서는 한 중 일 3국의 해상집법체제를 비교 고찰하고 중국해상집법체제의 주요 문제점을 분석한 후, 해경을 중심으로 한 통일적인 해상집법체제의 개선방안을 제시하였다.

• Journal of the Korean Society of Safety
• /
• v.31 no.4
• /
• pp.150-155
• /
• 2016

This study is to suggest legislation and criteria for public service drones for disaster safety in order to enhance the research and development of the drones by helping setting right direction of the R&D. Many foreign governments are now conducting research and development on using drones as public service for disaster safety. Although there are also some efforts to using drones for public service in Korea, domestic laws and performance criteria for the drones for the purpose have not prepared yet. To set a right direction of the R&D, the laws and criteria shall be legislated and established immediately and then we can enhance the efforts to develop related technology for the drone. So this study proposed a performance criteria to fit various circumstances and situations by analyzing the aviation law in overseas. We hope this study can help R&D on the public service drones for disaster safety.

• Journal of the Korean Society for Railway
• /
• v.13 no.3
• /
• pp.251-256
• /
• 2010

By legislating safety regulations for design, manufacturing and operation of rolling stock through rolling stock safety law, diverse of safety requirements have been established. On the other hands, differences of technical level in practical circumstances between domestic and overseas are pointed out that not be able to be overcome in short period. About collision safety requirements for rolling stock, European countries have been applying TSI requirement to all of rolling stock and domestic collision safety requirements in rolling stock safety law are based on TSI. In following thesis, it is showing an analysis simulation for current rubber cushion and hydraulic buffer system to verify if they are fit to collision safety requirements and result of the simulation program for prior verification. This also suggests a method to prove the performances of coupler system for future.

• Proceedings of the Korea Institute of Fire Science and Engineering Conference
• /
• 2009.04a
• /
• pp.218-228
• /
• 2009

The basic law about disaster and safety management and the fire fighting law state that the central government and the local governments are responsible for protecting the life and assets of the people. The well-fare developed nations have developed and are implementing diverse safety programs with making safe cities as their prime objective. Our nation has not yet practiced such actions. However, it is in demand to evaluate what safety policies are practiced by local governments for the people and to inform the people of those. Therefore, this research developed and suggests the assessment criteria and the assessment method to evaluate the safety level of a city by assessing the safety of buildings and facilities.

• The Korean Society of Law and Medicine
• /
• v.15 no.2
• /
• pp.123-163
• /
• 2014

As results of analyzing judicial precedents about infection in hospitals in connection with mistakes and causality in medical litigations shows that the Mitigation of Law Principles To Prove responsibility in medical litigation has not been able to play its role compared to its intended purposes. And Major sentiment from those judgments is that a mistake can't be proved only by the fact that certain infection in hospital occurred in connection with hospital infection. Therefore, the number of indirect facts to deny estimation is overwhelmingly high. Like this, especially for hospital infection which is difficult to prove indirect facts themselves to estimate mistake, major sentiment from those judgments have a problem that impute sharing of losses caused by hospital infection to patient. In accordance with the Principles of equitable and proper sharing of losses, it's required to prepare legal interpretation and theoretical methods to largely mitigate patient's responsibility to prove medical mistakes compared to other medical litigations in connection with existing Mitigation of Law Principles To Prove responsibility and conventional theory of estimation. In connection with this, the results of review that duty of safety management in hospital infection cases can be the base of conversion of proving responsibility, the duty that prevent hospital infection, corresponding the duty of safety management in hospital infection is not conventional duty of safety management based on duty of good faith but secondary obligation of medical contract. The breach of duty preventing hospital infection is the violation of medical contract, but there is no logical necessity that convert proving responsibility from the obligation of contract itself. Therefore, the duty of preventing hospital infection from the obligation of medical contract, corresponding the duty of safety management in hospital infection cases cannot be the base of conversion of proving responsibility alone. But, it's still required to conversion of proving responsibility in hospital infection, we need further studies on cases of Germany which applies legal estimation of proving responsibilities in hospital infection.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.6 no.1
• /
• pp.99-109
• /
• 2000

The United Nations Convention on the Law of the Sea(hereinafter referred as "the Law") adopted in 1982 was enacted on November 16, 1994. South Korea, China, and Japan signed and ratified the Law, respectively. These three countries announced their domestic laws relating to Exclusive Economic Zone(EEZ) with reserving their applications. The enactment of the Law and announcement of EEZ inevitably brought new order on the seas. The New Fishery Agreement based on the Law with EEZ was concluded between South Korea and Japan and ratified by each country′s parliament. Another New Fishery Agreement between South Korea and China is also going to be concluded in near future. The New Fishery Agreements, however, do not include regulations relating to the marine scientific research, the protection of the marine environment, and so forth, which are essential for the States to fully implement the Law According to the New Fishery Agreements, it is impossible for the Coastal States to excercise their jurisdiction. Because the agreement of delimitation ocean boundaries among the three countries are not easy to settle, provisional agreements can only be concluded. Thus, many problems including the sovereignty over Dok-do between South Korea and Japan and delimitation of EEZ between South Korea and China can be arose anytime. This paper investigates the problems and possible counter measures in legal excercise on the seas by South Korean Government. The above mentioned problems introduced by the New Fishery Agreements include potential problems in the Middle Sea Zone, Provisional Zone, and so forth. In this paper, only the legal aspect of the Zones will be discussed excluding the law enforcement and the economic aspect of the Zones.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.29 no.2
• /
• pp.147-159
• /
• 2023

Sea level rise due to climate change is an increasing concern for the international community, and especially for coastal States. In case of regression of the coastal line or inundations of maritime features, including islands, the questions of whether coastal States are under an obligation to redraw their baseline and the outer limits of their maritime jurisdiction and of whether the existing maritime boundary treaties should be terminated are raised. This article reviews the arguments raised by the Small Island Developing States, International Law Association, and International Law Commission and suggests a solution within the current legal framework of the Law of the Sea through an interpretation of the existing provisions of the UNCLOS focusing on the legal issues relating to the Law of the Sea.

• Journal of Korean Society of Occupational and Environmental Hygiene
• /
• v.24 no.1
• /
• pp.1-13
• /
• 2014

Objectives: The purpose of this study is to review the debate on the Article 28(Prohibition of Inhouse-Contract for Harmful Work) of the Industrial Safety and Health Law. Methods: Literatures and recent debate for prohibition and permission of inhouse-contract for harmful work were reviewed. Proposals of revision for the Article 28 of the Industrial Safety and Health Law were also reviewed. Results: It was not found reasonable to revise the Article 28 based on increased fatal accidents or diseases in the electroplating work and heavy metals handling works that are currently listed in the Presidential Decree under the law as the harmful works. Regulation types of prohibition or authorization for any harmful work shall have inherently poor coverage since the scope of application is extremely limited. Contractors for maintenance and repair of chemical facilities may not be included in the scope of application if the harmful works are defined as chemical handling works. If harmful works are prohibited, the contractor workers may loose their jobs. Therefore, it is necessary to consider balancing job security and occupational safety and health safety. Conclusions: Various limitations were found in the Article 28 and the proposals to revise it. Currently in-house subcontracting is widely spread in the workplace. Therefore, it may be inappropriate to set one or two Article such as the Article 28 and 29 to protect in-house subcontract workers from injury and illness. It is believed that it needs fundamental redirection and new approach with new paradigm to impose occupational safety and health duty to prime contractors.