• Journal of the Korean Society of Costume
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• v.63 no.8
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• pp.188-208
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• 2013

This study aims to find out factors of historical specialty and cultural ethnicity that influenced the formation of Spanish fashion as well as examine the characteristics of Spanish fashion by comparing its historical costumes, such as folk costume and court costume with contemporary fashion of major Spanish designers in the 20th century. Documental investigation and analysis of visual materials were used as research method. The study results are as follows: The major factors that affected the characteristics of Spanish fashion in the history include the geographical features, invasion of foreign nations, cultural heritage of various ethnic groups, strengthening of the national power, advancement of international trading through the newly developed routes, and influence of religions such as Christianity, Islam, and Judaism. Featuring the coexistence of variety and heterogeneity, the ethnicity reflected in the culture harmoniously embraces various spirits such as conflict and coexistence, individualism and collectivism or regionalism, and exclusion and tolerance of religions. In addition, the characteristics in the cultural phenomena include passion, sensuousness, individualism, sense of reality, sense of chic, and the people-centeredness. The basic Characteristics of Spanish fashion include the sensuality of excessive zeal, decorativeness of gorgeous handicrafts, exoticism of people-centered variety, extreme contrast of harmony, touching artistry of chic, and fantastic surrealistic wits.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.113-136
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• 2006

In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility, burden of proof and scope of responsibility.

• Journal of the Korean Society of Clothing and Textiles
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• v.43 no.4
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• pp.521-531
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• 2019

Uigwe Banchado are paintings of court events and royal ceremonies of the Joseon dynasty. The paintings record national events and ceremonial rituals performed by the Joseon royal family, such as marriages, celebrations, enthronements, processions to royal tombs, and archery ceremonies. This record provides a combination of information about the event's appearance, including preparation, procedure, people involved, reproductions worn by the participants, and the items used at that time. Through the realistic depictions painted in the Uigwe Banchado, in particular, one can grasp the scene of events at the time and reproduce the diverse attire worn by participants in the event. Based on 31 representative Uigwe Banchado, 550 knowledge nodes were written. These include 31 royal protocols, 41 attires, 136 clothes, 8 storage facilities, 120 objects, 55 people, 33 places and 83 concepts. The meaningful relationships between each node can be explored via a network graph. Digital illustrations of the 41 attires were created to aid in the understanding of Joseon dynasty royal ceremonial ritual attire.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.201-216
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• 2018

After the adoption of the Lisbon Treaty, the European Union's Common Commercial Policy now belongs to the exclusive competence area of the EU, including the foreign direct investment (FDI) policy. Regarding the bilateral investment protection treaties (BITs) between the EU Member States, the European Commission is of the view that such BITs should be discarded. On March 6, 2018, the Court of Justice of the European Union (CJEU) held in the Achmea BV v. Slovakia case that a BIT between the EU Member States, as well as arbitral awards based on that BIT, is not subject to request for preliminary rulings under the Treaty on the Functioning of the European Union (TFEU), and thus they are not compatible with the EU law. However, the judgment did not silence the controversy. Instead, many people questioned the legal reasoning and the legitimacy of judgment, and therefore the problem is still ongoing.

• Journal of the Korean Society of Costume
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• v.43
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• pp.15-30
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• 1999

The Kosode(小袖) which is a traditional Japanese outfit with a narrower sleeve than the Kimono was worn under the court dress. Korean who first immigrated to Japan wore the Po(袍: the Korean clothes of the time) and introduced the outfit to the japanese people who adopted and integrated it into their daily wear. This outfit was labelled the Kosode(小袖) during the 13th century. The Kosode(小袖) eventually developed throughout centuries into today's Kimono. 기본포(基本袍). Kibonpo(Traditional Korean Basic Outfit), 袍형기본포. Mekibonpo(Traditional korean Outfit with Round Sleeves) 통수포 Tongsupo(Outfit with Narrow Sleeves) 고소데(小袖).Kosode(Traditional Japanese Outifit with narrow Sleeves) 후리소데(振袖). Furisode (Traditional Japanese Outfit with fluttering Sleeves)

• Korea Trade Review
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• v.46 no.3
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• pp.185-201
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• 2021

This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.173-198
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• 2010

There is a system in Korea named "Advanced Practice Nurse System" qualified by the Minister of Health, Welfare and Family Affairs for Advanced Practice Nurse besides nurse licence. Medical practice is, in today's medical law, understood as a general concept colligating medical practice, nursing practice and midwife practice and so on, for it is defined as a deed of medical technique practiced by medical personnel. Referring to the fact that the Supreme Court recognizes medical personnel as people who have medical expert knowledge, nursing practice can be recognized as a region of medical business and therefore it is not necessary to prescribe nursing practice separately from the definition of medical practice on a precedent, because nurse belongs to medical personnel. According to the precedent regarding 'Unlicensed Medical Practice of Advanced Practice Nurse for Anesthesia' recently sentenced by the Supreme Court, the medical practice is only allowed a doctor because it is 'in need of special knowledge and experience because of high danger on human body' and it is judged to be an unlicensed medical practice prohibited in medical law if it is to be done by a nurse. When considering the actual situation that System for Advanced Practice Nurse for Anesthesia is established under the circumstance that an anesthetist is in want and therefore the operation has not been performed on time, and that it is being expected an anesthetist to be in need, it is necessary to legislate for the range of medical practice of Advanced Practice Nurse so that Advanced Practice Nurse System can be practically legalized, for the role of Advanced Practice Nurse has the great possibility of shrinking because the precedent has considered Advanced Practice Nurse for Anesthesia doing anesthetic operation in clinic today as a potential wrongdoer.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2014.05a
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• pp.525-526
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• 2014

Currently many people are concerned about 'Amusement With Prize(AWP)', together with the starting of Game Rating and Administration Committee (hereafter 'GRAC'). The mature-rated arcade games reproduced in reel game like the sea story in addition to main game and sub-game, causing social confusion in 2006, are waited for the reviewing of 'GRAC'. Although the game is reproduced in poker style as game system, in reel method as game graphic like 'AWP', the Supreme Court's decision is considered as a poker game May 23, 2013 in the past. Moreover, the Supreme Court said that it is not illegal because they decide that game users do not make a great loss in their possessions, without money change. The research tries to find the direction of the reviewing the mature-rated arcade game for guarantee of objectivity and reliability.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.3-20
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• 2010

Traditionally, finality has been regarded as one of virtues of arbitration. However in many cases absence of appeal process in arbitration is also a factor deterring people from choosing arbitration. Even though unsatisfied party may resort to a court for annulment of an award, it is allowed only when there are procedural defects. When there are substantive defects in matters of fact or matters of law, it is not easy or almost impossible to bring the case on the table again. The introduction of arbitration appeal process has been discussed in international arbitration fora, and some countries have already been adopting appeal process. Realizing this trend, it is time for us to consider adopting similar appeal process. Arbitration being based on the party autonomy, there's no good reason to prohibit appeal when the parties agree to do so. Arbitration appeal should be allowed within arbitration system itself, rather than resorting to a court, so that many virtues of arbitration can be maintained in the appeal. In designing an arbitration appeal system, following measures should be considered: minimum amount in dispute to trigger the right of appeal should be set in order to reduce the volume of appeal; losing appellant should be responsible for the legal cost of his opponent in order to deter non-meritorious appeals; time limits on initial appeal application and subsequent briefs should be set in order to accelerate appeal process; and, appeal tribunals should be composed of more experienced arbitrators in order to provide more accurate award. If we are equipped with a well designed appeal process within arbitration system, Korea will be able to emerge as an attractive international arbitration forum.

• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.53-75
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• 2008

The end of life problem in the United States has been evolved from the development of concept of brain death over last 50 yr. The invention of ventilator and the development of emergency medicine also played a key role to elongate the end stage of life and which caused the American people to ask a question about the patients self determination and refusing the unwarranted medical treatment in the view of the death with dignity. With regard to the patient unable to self determination, surrogate decision was also considered. To guarantee the self determination, The patient self determination act also enacted on the level of Federal regulation in 1990s. But no law has effectively dealt with the situation when medical treatment became futile. Along with the significant debates on literature and court cases. The American Medical Association's Council on Medical and Judical Affairs presented formal opinion and the Texas was the first states to regulate the medical futile situation in 1999. Even though that definition was in controversy, the concept of medical futility mainly focused on the doctors' right to refuse the treatment.