• The Journal of the Korea Contents Association
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• v.21 no.3
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• pp.634-644
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• 2021

Despite the increased social demand for strengthening the punishment for ghost surgery in Korea, the governmental management is very passive compared to other offenses of medical law, and the punishment for ghost surgery is insufficient, so that medical malpractices are continuously occurring. A plastic surgeon who posted the names of clinics performing ghost surgery and the number of deaths on the internet bulletin board, was charged with the violation of the Information Telecommunication Act(defamation). Thus, this study aimed to present the legal/institutional issues and implications of defamation by the release of ghost surgery, by initially examining the charged case after posting the contents showing the death of patients by ghost surgery in clinics on the internet bulletin board. This study aimed to understand how strictly the court approached the ghost surgery in the aspect of public interest, and also to understand the judgment standard of punishment for defamation by investigating the publicly alleging facts and public interest by the disclosure of ghost surgery. Moreover, this study aims to provide the basic data necessary for guaranteeing the national health right by arousing attention to ghost surgery.

• Journal of Navigation and Port Research
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• v.45 no.1
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• pp.33-41
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• 2021

In the last 5 years, a total of 567 accidents of operating vessels occurred under the influence of alcohol at sea, most of which occurred in fishing boats. Accidents caused by operating vessels under the influence of alcohol at sea are causing human and physical damages. There were 69 accidents caused by operating vessels under the influence of alcohol, leading to five deaths and one missing. The social damage due to operating vessels under the influence of alcohol is also increasing. Under the current law, punishment is given lightly compared to the seriousness of violation. In order to prevent the recurrence of accidents caused by operating vessels under the influence of alcohol, cases in Korea need to be analyzed. Regulations on the crackdown in foreign countries were compared to those in Korea and reviewed. In addition, risks of operating vessels under the influence of alcohol should be provided to ship workers while improving related laws and systems. In addition, efforts should be made to reduce the number of accidents due to operating vessels under the influence of alcohol by strengthening crackdowns on ships at sea so that accidents caused by operating vessels under the influence of alcohol could be prevented in advance in the future.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.19 no.6
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• pp.96-106
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• 2020

To solve the limitation of traffic monitoring that occur from embedded sensor such as loop and piezo sensors, the thermal imaging camera was installed on the roadside. As the length of Class 1(passenger car) is getting longer, it is becoming difficult to classify from Class 3(2-axle truck) by using an embedded sensor. The collected images were labeled to generate training data. A total of 17,536 vehicle images (640x480 pixels) training data were produced. CNN (Convolutional Neural Network) was used to achieve vehicle classification based on thermal image. Based on the limited data volume and quality, a classification accuracy of 97.7% was achieved. It shows the possibility of traffic monitoring system based on AI. If more learning data is collected in the future, 12-class classification will be possible. Also, AI-based traffic monitoring will be able to classify not only 12-class, but also new various class such as eco-friendly vehicles, vehicle in violation, motorcycles, etc. Which can be used as statistical data for national policy, research, and industry.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.12
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• pp.752-758
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• 2020

A professor is an employed as a member of a college, and his invention is transferred to the Industry-Academic Cooperation Foundation (IACF). A professor often reveals his inventions in a thesis or at a symposium before the IACF applies for a patent. Such self-disclosure could be in violation of the confidential responsibility. This study analyzes the number of patent invalidation trials as well as self-revealed patent applications raised in connection with the confidential responsibility. This study also scrutinizes cases to figure out whether the confidential responsibility was breached depending on the time of the self-disclosure both before and after the succession of an invention. In addition, side effects that could accompany self-disclosure are investigated. In the case of the self-disclosure by the professor, an invention to which the college belongs fails to secure patent right or it is hard to obtain comprehensive right. Even if rights were secured, it could be invalidated. Furthermore, they could infringe the confidential responsibility of employees under the Invention Promotion Act, and also could contravene the confidential responsibility specified by the Enforcement Decree of the unfair Competition Prevention if the succession of the invention is confirmed. Therefore, colleges should manage self-disclosure of employee invention and take appropriate action.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.3-36
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• 2022

In order to solve the pharmaceutical kickback problem, it is needed to establish legal system that allow ways to enable pharmaceutical promotion of medicines without kickbacks as well as provide sanction those who commit illegal act. Before the National Assembly and the government focused on strengthening sanctions. As a result, in 2014, a system of suspending medical care benefits was introduced, which could inflict heavy losses on pharmaceutical companies by withdrawing target medicines from the market. However, three years after the introduction, the system was abolished in 2018, recognizing the problem that the disposition could infringe on the patients' right to access to and choice of medicines. In 2021, the National Assembly made it possible for dispositions suspending medical care benefits regarding the third violation, which remained symbolic until then, replaced with administrative fines. Although the legislator's reflective stance on the system is more than clear, the Ministry of Health and Welfare still interprets that the old law should be applied to kickbacks for the period of the law. Moreover, regarding the substitution of fines at the discretion of the Minister of Health and Welfare under the old law, the narrow standards taken under the old law seems to be maintained. In this paper, firstly pharmaceutical kickback issue, the main reason for the introduction of the system, will be explained, after that the history of introduction and abolition of the system examined and last but not least the unconstitutionality of the system and the illegality of the disposition are to be examined.

• The Korean Society of Law and Medicine
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• v.22 no.3
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• pp.3-30
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• 2021

Reasons for disqualification to restrict a medical person's license should be considered in functional and moral terms. In this sense, the grounds for disqualification of medical personnel should be expanded to include all crimes that have been declared to be "imprisonment without labor or greater punishment" by a court. Because a sentence of "imprisonment without labor or greater punishment" means that it is highly reprehensible and undermines the trust of the state as well as the trust in medical personnel. Therefore, the expansion of the scope of license restrictions for medical personnel cannot be regarded as a violation of "the Less Restrictive Alternative" rule. However, it is necessary to reflect the specificity of medical services in the license restrictions of medical personnel. This is because not all diseases can be treated with current medical services. In addition, unpredictable situations can occur at any time during medical practice. Consequently, the negligence that occurs during medical practice should be carefully examined from a functional perspective of the medical personnel. And it should be treated differently from ordinary crimes. To this end, an independent license review organization should be established to establish expertise in license management.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.3-33
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• 2022

In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

• KIPS Transactions on Computer and Communication Systems
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• v.11 no.5
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• pp.147-156
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• 2022

Industrial control systems that manage and maintain various industries were mainly operated in closed environment without external connection, but with the recent development of the Internet and the introduction of ICT technology, the access to the industrial control system of external or attackers has become easier. Such incorrect approaches or attacks can undermine the availability, a major attribute of the industrial control system, and violation of availability can cause great damage. In this paper, when issuing commands in an industrial control system, a verification group is formed using a random list to verify and execute commands, and a trust score technique is introduced that applies feedback to the verification group that conducted verification using the command execution result. This technique can reduce overhead generated by random generation in the process of requesting command verification, give flexibility to the verification process, and ensure system availability. For the performance analysis of the system, we measured the time and gas usage when deploying a smart contract, gas usage when verifying a command. As a result, we confirmed that although the proposed system generates a random list compared to the legacy system, there was little difference in the time when it took to deploy smart contract and that the gas used to deploy smart contract increased by about 1.4 times in the process of generating a random list. However, the proposed system does not perform random operations even though the operation of command verification and confidence score technique is performed together during the command verification process, thus it uses about 9% less gas per verification, which ensures availability in the verification process.

• The Journal of the Korea Contents Association
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• v.21 no.11
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• pp.77-86
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• 2021

A method of constructing a war simulation based on Bayesian Inference was proposed as a method of constructing heterogeneous historical war data obtained with a time difference into a single model. A method of applying a linear regression model can be considered as a method of predicting future battles by analyzing historical war results. However it is not appropriate for two heterogeneous types of historical data that reflect changes in the battlefield environment due to different times to be suitable as a single linear regression model and violation of the model's assumptions. To resolve these problems a Bayesian inference method was proposed to obtain a post-distribution by assuming the data from the previous era as a non-informative prior distribution and to infer the final posterior distribution by using it as a prior distribution to analyze the data obtained from the next era. Another advantage of the Bayesian inference method is that the results sampled by the Markov Chain Monte Carlo method can be used to infer posterior distribution or posterior predictive distribution reflecting uncertainty. In this way, it has the advantage of not only being able to utilize a variety of information rather than analyzing it with a classical linear regression model, but also continuing to update the model by reflecting additional data obtained in the future.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.171-209
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• 2022

There were also many medical-related rulings in 2021, among which the rulings reviewed in this paper are as follows. The first relates to a case in which the medical record, which is the primary judgment data regarding the presence or absence of medical negligence, has been modified. The court judged whether there was negligence on the basis of the first written medical record without considering the contents of the medical record that was later modified. Next, the ruling on the case of asking for liability for damages for prescription of anti-obesity drugs recognized negligence related to prescription, but denied liability for property damage by denying a causal relationship, and recognized only alimony for violation of the duty of explanation. The a full-bench ruling on the scope of subrogation of the National Health Insurance Corporation, which subrogates the claims for compensation for medical expenses against the perpetrator of the patient, changed the existing precedent that had taken the 'deduction method after offsetting negligence' and judged it as 'the method of offsetting negligence after deduction'. In addition, in the ruling on whether or not there was negligence, the court was not bound by the medical record appraisal result. Lastly, in relation to the National Health Insurance Service's disposition of reimbursement for medical care benefit costs, we reviewed the ruling that discretion should be exercised even when a non-medical person makes a refund to a medical institution opened by a non-medical person. And we also reviewed the ruling that the scope of reimbursement for medical institutions jointly using facilities and manpower specifically should be determined.