• The Korean Society of Law and Medicine
• /
• v.13 no.1
• /
• pp.125-153
• /
• 2012

The adult guardianship system has been introduced through amendments of Korean Civil Code for the first time in the March 2011(Act No. 10429, 7. 1. 2013. enforcement). The adult guardianship system has the main purposes to provide a lot of help vulnerable adults and elderly, and protect them on the welfare related with property act, treatment, care, etc. There could be a controversy about whether the protection Legal Guardian's consent(formerly known as the Mental Health Act) or permission of the Family Court(revised Civil Code) are required to, or the Mental Health Act should be revised, when mental patient will be hospitalized forcibly. The author proposes that mental patient with Adult guardians should be determined by Legal Guardian's consent and approval of the Family Court, but mental patient without Adult guardians could be determined by Legal Guardian's consent. The issue of Withdrawing of life-sustaining treatment could be occurred due to the aging society and the development of modern medicine, and this has provided difficult, various problems to mankind in Legal, ethical, and social welfare aspects. The need of Death with dignity law or Natural death law has been reduced for a revision of the Civil Code. Therefore, on the issue of Withdrawing of life-sustaining treatment, in the future, intervention of the court is necessary in accordance with the revised Civil Code Section, and Organ Transplantation Act and the brain death criteria may serve as an important criterion.

• The Korean Society of Law and Medicine
• /
• v.23 no.4
• /
• pp.75-102
• /
• 2022

In this article, 「Act on the hospice and palliative care and decisions on life-sustaining treatment for patients at the end of life」, 「Act On The Improvement Of Mental Health And The Support For Welfare Services For Mental Patients」, 「Organs Transplant Act」, 「Safety And Management Of Human Tissue Act」, 「Pharmaceutical Affairs Act」, 「Prevention Of Acquired Immunodeficiency Syndrome Act」, 「Tuberculosis Prevention Act」, 「Infectious Disease Control And Prevention Act」 were reviewed. Patients' right to self-determination and consent in these laws are related to civil law. even though they are closely related to the civil law in relation to patients' right to self-determination and consent. In order to consistently operate medical administration, it is necessary to understand the principles of civil law decision-making.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.17
• /
• pp.71-91
• /
• 2002

The purpose of this paper is to examine the viewpoints of the different legal systems for the validity of LD Clause and the possibility of gap-filling function of UNIDROIT Principles in International Sales Contract. The results of comparative study between common law system and civil law system, and between CISG and UNCDROIT Principles is as follows: First, common law system distinguishes LD Clause and Penalty Clause, but civil law system including Korean law does not strictly distinguish the difference between them, provided that the liquidated damages are not grossly excessive. Second, CISG does not concerned with the validity of LD Clause but entrust this matter to the law applicable by virtue of the rules of private international law; conversely the Principles follow similar position of civil law system. The possibility of gap-filling of the Principles is more positive in the case of arbitration than in the case of litigation. On the basis of above study, I also checked the LD Clauses of ICC Model International Sales and the Model Contracts of Korean Commercial Arbitration Board. The LD Clauses of there two Model Contract seem very appropriate and reasonable for the reference in practical application. The appropriate, not excessive, LD Clause will contribute not only to eliminate the burden of proof for the actual damages, but also to enforce both parties to perform their obligations in their contracts. Therefore, When we make contract, we should keep in our mind to insert the reasonable and appropriate LD Clause in the sales contract. If not, so to speak, litigated damages are grossly excessive, the Clause may be invalid in some legal system.

• The Korean Journal of Air & Space Law and Policy
• /
• v.30 no.1
• /
• pp.245-271
• /
• 2015

The downing of the MH17 reminds the world that the international civil aviation is not as safety and security as people expected. Such tragedy is partly due to the risk and danger of the armed conflict zones, but is more attributed to the ignorance to the international law by the responsible parties concerned. International laws applicable to the armed conflict zones shall be strictly followed, and the reparation shall be provided to the victims, otherwise such disaster could not be avoided in the future.

• East Asian Economic Review
• /
• v.17 no.1
• /
• pp.27-53
• /
• 2013

In this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and imports as percentage of GDP,) international trade and basic human rights seem to have little relationship; but trade has a close positive relationship with strong order and security. Somewhat surprisingly, regulatory transparency and effective implementation seems to have little or no effect on international trade and vice versa. International trade shows a clear positive relationship with the country's criminal justice system, but the relationship with the civil justice system is not as clear as such. For regulatory implementation and civil justice, services trade positively affect these institutions, but these institutions in turn affect exports more strongly than services trade. Finally, the effect of trade on rule of law is stronger on a medium to long term (10-20 year) time horizon.

• Journal of Information Technology Services
• /
• v.5 no.1
• /
• pp.61-81
• /
• 2006

It is necessary to systematically explore the reform plans of the Software Industrial Promotion Law to systematically a representative high-added value future knowledge-based industry, software industry. The current Software Industrial Promotion Law provides only one provision on software business contract procedures, and the Civil Code, the National Contract law or Subcontract Fairness Law regulate other things, so the features of software industry are not properly reflected. To the contrary, the Information Communication Construction Law or the Construction Basic Law effectively prevent disputes by providing material and detailed provisions. Therefore the current software industry needs to be shifted from promotion to fundamental one. That is, as the software industry takes up a large portion at present, so the law should have basic procedural provisions. Also the National Contract Law governs only the contract procedures of public sector, so there should be business performance procedural provisions to regulate the software business formalities of civil sector. And the National Contract Law controls the sale, construction and service of articles at separate contract procedures, but software business contains construction and service characters simultaneously, so there should be business performance procedures fit for software business. Thus this study presented the legislative need and bill on the performance procedures of software business.

• The Korean Journal of Air & Space Law and Policy
• /
• v.14
• /
• pp.175-206
• /
• 2001

• The Korean Journal of Air & Space Law and Policy
• /
• v.6
• /
• pp.97-107
• /
• 1994

• The Korean Journal of Air & Space Law and Policy
• /
• v.3
• /
• pp.7-50
• /
• 1991

• Journal of Christian Education in Korea
• /
• v.72
• /
• pp.71-96
• /
• 2022

The purpose of this study is to analyze the origins and texts of Judaism Mishnah Nashim, to think from the educational theological perspective, to suggest a method to be applied to Christian education, and to analyze human rights issues in relation to women's marriage life. To achieve the goal of this study is first, to analyze the historical process up to the compilation of Mishna Nashim in order to analyze the origin and text of Mishna Nashim, and then, the seven Masekcotts were analyzed from the perspective of the researcher by dividing them into marriage-related civil law, divorce-related civil law, engagement-related civil law, adultery-related civil law, and vow and pledges related civil law in order to analyze the content of the text of Mishna Nashim. Second, in order to analyze Mishna Nashim in educational theology, marriage laws were analyzed by dividing them into brother-in-law marriage system, chastity system of marriage, divorce law, engagement law, adultery law, and vow and pledge law. Third, to apply Mishna Nashim to Christian education, marriage life education were divided into marriage education and divorce education, vow education and pledge education. The conclusion of this study is as follows. First, marriage education is necessary to establish a Christian family. Second, Divorce prevention education is necessary from the Christian point of view. Third, a spiritually healthy vow education must be conducted. Fourth, healthy pledge education is necessary to live as true Christians. As a result, Korean society still has a deep sense of patriarchal authority, and gender equality is still lagging behind. Discrimination, disparagement, taboos for divorce and remarriage, and stereotypes about gender roles of women still exist within the church, therefore, Christianity must provide an alternative solutions solutions.