• Journal of Korean Medical classics
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• v.36 no.3
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• pp.55-87
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• 2023

Objectives : To examine changes in Korean Medicine during Japanese occupation through major Joseoneo dictionaries. Methods : Based on the Keun Sajeon, published in 1957 by the Korean Language Society, the most recently published among the major dictionaries under Japanese occupation, key Korean Medical terminology in the Joseoneo Sajeon, published in 1920 by the governor-general of Joseon, and the Joseoneo Sajeon, published in 1938 by Mun Seyeong were analyzed. The differences among the dictionaries provided insight into the situation which Korean Medicine was in. Results : 1) There was a lack of consistency among Korean Medical terminology. 2) Changes in medical policies and legislation were reflected in the Korean Medical terminology without much delay. 3) Korean Medicine was distinguished as a separate category in the Keun Sajeon for the first time. 4) With the exception of Korean Medicine specific terminology, most were explained using 'modern' concepts and ontology. Conclusions : Modernization lead by the Japanese splintered many areas of Joseon society, and Korean Medicine was no exception. This transition period as reflected in the terminology within the Joseoneo dictionaries show that Korean Medicine went through a process of regulation by changes in medical policies and legislation, while new, modern studies brought in by the Japanese started replacing language and ontology of pre-occupation Joseon. A look into Korean Medicine during Japanese occupation through Joseoneo dictionaries allows us to examine the connection between Korean Medicine and the more broader historical context in which it was situated.

• Korean Journal of Heritage: History & Science
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• v.52 no.4
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• pp.78-103
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• 2019

The Conservation Decree of the Chosun Treasures Historic and Natural Monuments (hereinafter referred to as the Conservation Decree), which was enacted during the Japanese colonial period, was preserved in accordance with the provisions of article No. 100 of the constitutional law. However, legislative attempts were made to replace the Conservation Decree during the US military administration and early Korean Government. The first attempt was about the National Treasures Historic and Natural Monuments which were brought in by the Legislative Assembly of South Chosun (1947) during the US military administration. The second was a bill by the government for preservation of historical interests (1950), which was submitted to the National Assembly on March 15, 1950 (the so-called Preservation Act (1950)). These two bills were amended and supplemented on the basis of the existing contents of the Conservation Decree. Afterwards, from 1952 to 1960, the legislation of the Cultural Heritage Protection Act (1959) and the Cultural Heritage Bill (1960) were subsequently introduced and enacted. The government's attempt to enact such a cultural property bill was aimed at the legislature to replace the preservation order system that had been in effect since the Japanese colonial period. However, due to the political situation at the time, these laws did not reach final legislation. In October 1960, the government enacted the Regulations for the Preservation of Cultural Property, which was an administrative edict that was promulgated and enacted in November. This was the first official cultural property decree introduced by the Korean government. With the enactment and promulgation of the Cultural Heritage Protection Act in January 1962, Korea's judicial cultural property legislation was established, based on the Korean government's unremitting efforts and experience in legislation of cultural property. In that context, the Cultural Heritage Protection Act is a historical product. The Cultural Heritage Protection Act, which was enacted in 1962, is known to emulate or transplant Japan's Cultural Heritage Protection Act (1950). It was not fully recognized that it was an extension of the Korean government's legislative process of cultural property during the period of 1945-1960. Therefore, it is important to examine the legislative process of cultural property from 1945 to 1960 to understand the background of enacting the Cultural Heritage Protection Act in 1962 along with the establishment of the Korean Cultural Property Law.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.455-492
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• 2009

(Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

• Journal of Legislation Research
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• no.54
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• pp.111-154
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• 2018

The protection of fundamental rights of people is a natural duty of a state. Since Constitutional Law declare that a state is obliged to protect the fundamental rights of people obviously, it is reasonable to postulate that a state has a duty to protect every person's right much more positively. Of course, it is true that whereas right of freedom is much more important in modern states, the social right becomes more important currently. Nevertheless, we have no choice but to put an emphasis on the importance of the right of freedom like modern states. Thus states are still bound to try to protect the right of people, specific duty of behavior for the sake of right of freedom belongs to states. In particular, due to the fact that lifts are essential to our comfortable life and the demage from the accident concerning with the lifts is fatal, the strategy for securing the safety of using the lifts is significant to some extent. And because it is true that the experience of UK that put an emphasis on the role of civil actors is meaningful to us, there seems implications for us. Accordingly, it is possible to consider the material components such as the check of safety before installation for the sake of safety enhancement, quality control for lifts parts, specification of check criterion and variation of check cycle etc. and personal ones such as specification of qualification of competent persons, guarantee of competent person's independence, variation of obligator's duty and variation of user's obligation etc. However, as the situation of UK is one thing and that of Korea is another, we don't have to adhere to the policy and the experience of UK strictly. Rather, we had better apply the policy and experience of UK to ours appropriately.

• Korean Association of Arts Management
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• no.59
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• pp.101-141
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• 2021

Recently the concerns on online ticket resale have been globally soared. Numerous countries have dealt with problems about online ticket tout and resale platforms in various ways in spite of differences of scope and method on restrictions. However, in contrast with the worldwide concerns and actions, Korea has been relatively slow to take any action against regulating online ticket resale issues, and any legislation has not been made. At the end of 2020, a revised Performance Act was passed and enforced from June, 2021. With the enforcement of the bill, this study aims to provide an exploratory analysis to present current situation related to online secondary ticket resale policy in Korea. It examined how US and England have coped with legislation for online ticket resale. And then it attempted to illuminate the current situation of legislation and restrictions on online secondary ticket market in Korea and examined the effectiveness of the revised Act. Finally, this study suggested that there should be prompt consideration and actions to carry out related policies for establishing stable market ecosystem and providing fair opportunities to consumers.

• The Korean Journal of Air & Space Law and Policy
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• v.14
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• pp.87-110
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• 2001

This Article examines a structure of two Conventions of Space Station, compares 1988 Convention and 1998 Convention, and tries to apply "model" to it. The structure of 1988 Convention shows us three phases: the Convention as a framework, the bilateral memorandum of understanding and the legislation by domestic process of United States. There were many advantageous provisions for United States. In 1998 Convention, however, those provisions are dampened and provisions become impartial, for example, the criminal jurisdiction, the right of intellectual property and the codes of conducts in Space Station. On the other hand, we sets the "model" up, that is "input of national benefits and ideas ${\Rightarrow}$ process of law-making ${\Rightarrow}$ output of common benefits, universal ideas and wastes." In the case of applying this "model" to 1988 and 1998 Conventions, we are convinced of enough possibility to understand and explain the legal system of Space Station by this "model." This result awakes us that study of legal system of Space Station according to the "model" influences the fundamental theory of International Law Study: the relation between international law and domestic law. This "model" has possibility to change the theory of relation between from "international law and domestic law" to "domestic law and domestic law through international legal system." In the end, we should reconsider on "policy-oriented jurisprudence" by professor McDougal to use his key words for explanation of concepts in the "model," because his theory contains important suggestions to the study of law-making process and legal system for outer space activities in the near future.

• Journal of Nutrition and Health
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• v.37 no.5
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• pp.394-405
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• 2004

The objective of this study is to develop a nutrition policy on food and nutrition labeling and education systems for fast food and carbonated soft drinks in Korea by identifying the fast food and soft drink use and by examining nutrition policies and labeling in Korea and other countries. Fast food is defined as food dispensed quickly at a restaurant generally offering a limited menu of inexpensive items, which may be mostly not nutritious. It is a growing component of the Korean diet, especially on children and adolescent population. Low nutrient dense beverages such as carbonated drinks are also increasing in the children and adolescent's diet in Korea and concern has been raised that these beverages may replace more nutritious beverage and provide empty calories. According to 2001 Korean national health and nutrition survey, fast food and carbonated soft drinks were most popular among 13 - 19 years old adolescents. Thirty six and 72 percent of adolescents consumed hamburger and carbonated beverage equal to or more than once a week, respectively. In United States, all processed food including soft drinks should disclose full nutrition information by nutrition labeling requirement.. Restaurant foods are not required to provide nutrition information currently, but legislation on mandatory nutrition labeling of fast foods with other restaurant foods has been proposed currently in US. The sales of foods of minimal nutritional value, such as soft drinks, in the nation's schools is regulated by the United States Department of Agriculture. Nutrition information about fast food in US has been provided by fast food companies, non-profit organizations, hospitals and government through internet, booklet and brochure, etc, but the information is available from only a few resources in Korea. This study suggests a nutrition policy on fast food and soft drink use which includes establishing mandatory nutrition labeling and developing nutrition education materials and programs by web-site, booklet and government and school programs in Korea.

• Hwankyungkyoyuk
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• v.16 no.1
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• pp.61-74
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• 2003

It is essential to develop legal and legislative devices like the National Environmental Act to conduct systematic and continuous environmental education. In many Countries including the Uinted States, Great Britain, Germany, and Australia, environmental education has been developing based on legal and legislative systems. Of those cases, the Uintes States made efforts to promote environmental education through legislation, which can have significant implications for us with intention to legislate the National Environmental Education Promotion Act. This study is focusing on our environmental education by studying the histiry and current situation of National Environmental Education Act, PL 91 516 of the United States and its features. In case of the United States, there has been several amendments and re-approvals. since the first National Environmental Education Act was legislated. The public hearing for the re-approval of National Environmental Education Act whIch was legislated in 1990 was held during the Summer of 2000. This gave us important reference data including the need of environmental education, its effects, and considering articles. As a result of the public hearing, 1990. National Environmental Education Act was recognized and some articles were amended. Its re-approved as John H Chafee Environmental Education Act of 2001, PL 107-S 876 IS Some implications and suggestions were drawn from the case study, which included the importance of related ministries, financial support, the role of Consulting Committee and Special Committee for environmental educators, environmental education program certification system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.277-327
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• 2008

This paper is to provide for an analysis on the trade adjustment assistance program and the Case study affected by international trade and FTA. The paper offers a legal study on analysis about Korea's Trade Adjustment Assistance Law for the Manufacturing Industries, USA's TAA. and Japan's law for Industry revival. In general, USA's TAA measures are defined as assistance actions for business enterprises, farmers and manufacturing industries workers. We exclude farmers and fishermen under Korea's Trade Adjustment Assistance Law for the Manufacturing Industries's business enterprises and workers, but we give them the systemic supports under korea's special assistance law for the farmers and fishermen and so on after FTA. Especially this focuses on the trade adjustment assistance case about both Korea's agriculture-farmer assistance from FTA and USA's TAA from workers in layoffs of trade-impacted communities. Korea has provided TAA to the sphere of agriculture after special legislation in Korea-Chile helping closed orchard, modernizing high quality producing facility for agriculture competition, producing superior fruit saplings, and constructing the distribution center in the producing district. But for US-Korea FTA and rapid increase of import by FTA expansion, we must prepare such indemnity systems for loss as cash benefit and wider aids for closed farm. The USA's TAA program targets manufacturing workers affected by international trade, who may have fewer transferable skills and face greater challenges to reemployment than other dislocated workers. A large majority sought some assistance from their one-stop center. Relatively small numbers chose to enroll in training, but those who did it often used this opportunity to chart a new career path. Finally, we learned the importance of education and discipline from USA cases. The fast and accurate information providing can raise efficiencies. The infrastructure can maximize the effect of TAA. The effective application would help us get over difficulties of TAA at hand.

• Journal of Advanced Marine Engineering and Technology
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• v.34 no.3
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• pp.383-390
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• 2010

This study is currently giving priority to developing the ship's ballast water treatment system using ozone (Ozone BWTS). The Ozone BWTS was tested in a full scale land-based mobile barge to evaluate performance according to the IMO G8 Guidelines. Test cycles using the mobile-barge were conducted in seawater and brackish water in the vicinity of the Port of Busan and Nakdong River, Republic of Korea. All tests were conducted according to the requirements of the G8 Guidelines. Test results show that the Ozone BWTS meets the Ballast Water Performance Standard contained in Regulation D-2 of the IMO Ballast Water Management Convention, as well as all of the operational, safety, and environmental testing requirements of the G8 Guidelines, as required for type approval of IMO. The study results show that the Ozone BWTS is capable of meeting the Ballast Water Performance Standard under Regulation D-2 of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, and also the more stringent standards being proposed under US legislation.