• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.173-214
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• 2013

Traditionally, the Supreme Court has held that medical treatment agreements covered by national health insurance should be distinguished from other medical treatment agreements which are viewed as a consummation of the autonomous free will between doctor and patient. Namely, the Supreme Court views medical treatment agreements covered by national health insurance to be bound by the National Health Insurance Law with the intent to promote the applicability and comprehensiveness of the national health insurance scheme. Yet, issues of voluntary non-reimbursable treatments are triggered not only by the mistakes or moral hazard of medical care institutions but also by systemic limitations of national health insurance coverage criteria. Thus, there is a need for legislative measures that allow certain medical treatments to be included or reflected in the national health insurance coverage system so that patients may receive prompt and flexible medical treatments. To reflect such concerns, the Supreme Court made an exception for voluntary non-reimbursable treatments and developed a strict test to be applied in such cases in Supreme Court Judgment 2010 Doo 27639, 27646 (ruled on June 8, 2012 by the Grand Bench). Such judgment, however, is not a fundamental overturn of the Supreme Court's prior rulings that voluntary non-reimbursable treatments are not allowed under the law. It is only a slight revision of its previous stance for cases in which there is a lack of legislative measures to make coverage of a new yet valid medical treatment possible under the current national health insurance coverage system.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.69-100
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• 2011

The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

• Korean Journal of Construction Engineering and Management
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• v.23 no.6
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• pp.76-88
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• 2022

The death toll in the Korean construction industry accounts for more than 50% of all business deaths. This is the highest level among OECD countries, and the government has proposed various solutions to this, but has not seen any significant effect. In order to strengthen safety responsibilities and obligations to CEOs of companies in the blind spot of punishment, including those who have the greatest authority and influence in the construction industry, the Moon Jae In government strengthened various laws, including legislation of the Serious Accidents Punishment Act. However, at this point in time, half a year later, it is still questionable whether such punishment has been strengthened and the effectiveness of fragmentary measures has been exerted. This paper attempted to present legislative policy directions for the problems of the current system and future improvement measures to contribute to reducing significant accidents in the CM/supervision industry among the various subjects of the construction industry.

• Journal of the Korean Society of Marine Environment & Safety
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• v.13 no.4
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• pp.43-50
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• 2007

Korea actively endeavors to improve the national marine environmental laws and regulations. Along with the growing global concern on the importance of marine environment, the concern is also increasing nationwide in Korea. These institutional changes in Korea have implications in that it has started to internalize the Sustainable Development Principle and the Precautionary Principle in the form of 'law' and 'policy.' The enactment efforts for conservation and sustainable use of marine environment will continue as the legal demand of public for coastal erosion prevention and climate change mitigation increases. This calls for robust revision for more logical framework and coherence of marine environment laws and regulations as well as efficient implementation of policies. In addition, it is strongly required that the systematical research and survey as well as the robust reversion of laws and policies should be taken accordingly for the effective conservation of marine environment.

• The Journal of the Korea Contents Association
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• v.10 no.1
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• pp.343-352
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• 2010

As a result of comparing and analyzing the related legislation of each nation, more superior legislative systems should be made to cope with a number of terrors effectively. And also it is required to devise some concrete regulations such as the following in superior legislative systems. First, because it is hard to collect information on terrorism and watch over suspects according to Communication Privacy Protection Law. More in-depth discussion into the issue of surveillance is needed for the protection of lives and property, although public concerns of privacy are a valid point of contention. Second, it is necessary to take complementary measures on immigration as surveillance, since the current Immigration Control Law has restrictions in many ways to hinder efforts to root out terrorists. Third, under the current law on financial activities, it is impossible to block influx of terror financing. Therefore it is necessary to come up with ways of making the punishment procedures. Fourth, considering that convicted terrorists get punished under the standard procedures and precedents, it is required to clearly differentiate between what the terror acts are and what terrorist groups are. Fifth, it is necessary to make use of the private security system to enhance the security system of national facilities.

• Korean Journal of Legislative Studies
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• v.15 no.2
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• pp.131-158
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• 2009

20 years has passed since June democratization movement of 1987 that made the representative system worked democratically on the basis of free election politics. So far, democratic movement bloc has been elected to government power at least two times. Conservative bloc of old ruling forces made a peaceful re-turn-over and grasped the government power. It looks that electoral democracy has been working very well. But people's distrust in Korean politics is not decreasing. Recently, crisis of representation is discussed. Korean representative system faces the dual tasks. One originates from the delay of institutional reform, another from the change of political circumstances. This paper diagnose the Korean representative democracy of today, focusing on those dual tasks. Especially, it is proposed to reform the present Korean presidentialism of winner-takes-all power structure. It is also to resolve the problem of Korean parliamentary politics deeply depending on the presidency.

• Korean Journal of Legislative Studies
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• v.23 no.2
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• pp.5-36
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• 2017

"The Candle Revolution" impeached the Park government and elected the Moon government. The candlelight protesters demonstrated public anger associated with accumulated corruption and deep-rooted irregularities. Complete political reform is required to perform deep fundamental reform. It aims to transform democracy in a way that is more inclusive. Inclusive democracy contributes to making welfare state stronger. Inclusive democracy is made possible by proportional representation that allows progressive parties more seats and leverages. Proportional representation systems are characterized by higher degrees of redistribution and larger welfare state. Constitutional reform has to be focused on introducing parliamentary government. "Imperialistic" presidential system in Korea has no mechanism of checks and balances which are key characteristics of presidential systems. It has failed to attend the poverty and social inequality arising from globalization and neoliberal change since 2000s. Parliamentary government is supposed to deliver social policy when parties are more disciplined than in presidential system where political parties remain weak.

• International conference on construction engineering and project management
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• 2009.05a
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• pp.558-565
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• 2009

In recent years, the demand for green buildings is growing fast due to legislative and social pressures. Construction organizations, which play an important role in promoting building industry growth, are facing with challenges on how to adapt themselves to enhance sustainability of the buildings. In this paper, the green value chain and system frameworks, an extend application of Porter's value chain and system models, are introduced. Based on deep analysis of the green value chain and system frameworks, a revolution model for construction organizations towards green building is created. Management factors critical for a successful green building project, at the firm and project organization level, are extracted. Furthermore, external critical relationships are also identified. Fully understanding of these management factors and the model can help and enable practitioner to know what new capabilities should be deployed and developed in the long run for maximizing sustainability.

• Journal of Korean Society of Rural Planning
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• v.14 no.4
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• pp.77-86
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• 2008

The purpose of this study is to propose the policies for preservation, formation and management of Korean rural landscape. For this, the current rural landscape policies are examined and recent legislative changes are also surveyed. The Landscape Law and the Comprehensive Countermeasures for Rural Landscape Improvement are the most significant changes. The proposed issues are as follows: 1. the establishment of rural landscape planning system, 2. the arrangement of the criteria and guideline for rural landscape planning and design, 3. the re-arrangement of the rural landscape index and landscape map, 4. the survey and management of the rural landscape amenity, 5. the revitalization of the landscape projects for rural area, 6. the pragmatic connection with other law and system(especially the Landscape Law), 7. the education and cultivation of the rural landscape expert groups.

• Proceedings of the Korean Reliability Society Conference
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• 2005.06a
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• pp.385-392
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• 2005

The restriction of the use of hazardous substances in electrical and electronic equipment legislation mandates the substitution of lead and other hazardous substances in electronics products by July 2006. Due to this legislative pressure, the electronics industry is moving to adoption of lead free solders. In this paper, we investigated a flux to restrict generating electrochemical migration in lead-free solder. The lead-free solders used in this study were Sn-0.7Cu-0.01P and Sn-3.0Ag-0.5Cu. To measure the resistance of electrochemical migration, the dew-cycle test and water drop test were adopted. As the result, now flux having high durable of electrochemical migration was developed.