• 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 the Korean Society of Radiology
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• v.15 no.4
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• pp.481-490
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• 2021

There is no qualification system for sonographers in Korea. But the MEDICAL SERVICE TECHNOLOGISTS, ETC. ACT stipulates that radiological technologists can handle ultrasound equipment. However, there is controversy about the scope of the work allowed for radiological technologists to perform ultrasound examinations. Accordingly, the authoritative interpretation of the Ministry of Health and Welfare of Korea, the adjudication of administrative judgment, and the judgment of the courts were analyzed. As a result, the authoritative interpretation expresses that when a radiological technologist performs an ultrasound examination, a diagnosis and specific guidance should be made in real time while the doctor simultaneously watches the radiological technologist's images. In the adjudication of administrative judgment, it was decided that the handling of ultrasound-related equipment was the work of the radiological technologist. The court ruled that it was illegal for a radiological technologist to make a medical judgment on ultrasound examination. In the United States, Canada, etc., the sonographer independently conducts ultrasound examination according to the doctor's prescription, prepares a summary of what they saw and this is passed on to the doctor. Therefore, in Korea, there is a need for institutional improvement so that radiological technologists can perform ultrasound examinations according to doctors' prescriptions without real-time guidance.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.64-71
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• 2022

The term "ordinary practice of seaman" is applied to hold the responsibility of those involved in marine accidents. However, there is a concern that the responsibilities of seamen may become unclear as the ordinary practices of the seamen are imposed. In addition, the responsibility for improvement is diluted by mentioning the ordinary practice of seaman when the navigation rules stipulated in the COLREGs is clearly violated. The maritime safety investigation and tribunal system thoroughly analyzes the causes of marine accidents to prevent the recurrence of similar accidents. As one cause that does not contribute to the prevention of the recurrence of similar accidents, it would be appropriate to exclude the term "ordinary practice of seaman" as far as possible. Accordingly, I reviewed the reason for the existence of the maritime safety investigation system and ways to improve the application of the term "ordinary practice of seaman," which is recognized as a customary and an unconventional navigation rule, by examining the theories on the ordinary practice of seaman and analyzing cases of court judgments and decisions in the Korea Maritime Safety Tribunal. I also proposed a modern interpretation on the responsibility for proper and purposeful application. In addition, from the viewpoint of preventing the recurrence of maritime accidents, it is suggested that the nounized term in Korea be replaced with the descriptive term.

• Journal of the Korean Orthopaedic Association
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• v.55 no.5
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• pp.366-373
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• 2020

The task of defining the concept of 'disability' has proven to be surprisingly difficult. The way disability is assessed in the world suggests that very different conceptions of disability are being presumed. It is very hard to suggest appropriate criteria for assessing a disability that accurately demonstrates the presence and measures the severity of the disability, with proven consistency and validity provided by the assessors consuming the time and cost that the society can afford. When a rigorous framework in disability assessment procedures is used, discretion is then considerably restricted. Limited discretion tends to produce more consistency and validity in the assessment but at the cost of ignoring the individual differences or exceptional circumstances. The disability approach among the categories of the disability assessment is both the oldest and the most commonly used strategy of disability assessment around the world. Most of the criteria of disability assessment in Korea belongs to this. The McBride's criteria for disability evaluations can be used to obtain the ratio of body impairment and work disability without spending too much time and is being applied in court. Nevertheless, there are many errors and controversies, and corrections are required. On the other hand, an improvement plan for a disability evaluation method in Korea is to supplement and use the McBride's disability assessment method, which is currently the most widely used. This review article describes the conception of disability and the assessment of disability, and introduces the models of the assessment of disability to determine if the application of the McBride's criteria of disability evaluation can be justified.

• 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.

• The Journal of the Korea Contents Association
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• v.22 no.3
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• pp.538-546
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• 2022

For the recent 5 years, the trends showed that the child abuses by parents was declined while that by child care teachers and principals, employees in child welfare institution was increased. In particular, significant increase of child abuses by child care teachers and principals should be paid attention more than the abuse by the others. The government had already enacted the Act on Punishment against Child Abuses in 2014 to respond and prevent from child abuses strongly. However, as the cases of child abuses continued, questions were raised on the effectiveness of the regulation or whether the court performed well to play a role to punish the assailants of child abuses by amended regulations was suspected. This study is aimed to review the application cases of the Act on Punishment against Child Abuses through the precedents of child abuses in child care centers and to analyze how the punishments to assailants have been changed compared to application of Child Welfare Act. This study has the meaning to grasp the incompleteness of legal application on the child abuse cases and provide the basic data to improve the legal and system.

• Journal of Korea Trade
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• v.24 no.2
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• pp.31-52
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• 2020

Purpose - This study mainly investigates two potential legal regimes expected to govern the use of electronic bills of lading: the Rotterdam Rules (2009) and the UNCITRAL Model Law on Electronic Transferable Records (2017). Widespread use of electronic bills of lading has been unsuccessful partly due to the absence of a uniform legal regime and protracted uncertainties. This paper aims to carry out an assessment of the possibilities where either of two potential legal regimes could provide certainty to the effect and validity of the use of electronic bills of lading, and contribute to the facilitation of electronically transferring the rights to goods carried by sea. Design/methodology - This paper first introduces two legal instruments and the relevance to electronic bills of lading. Since neither of these legal instruments has yet entered into force, the following section looks into the ratification or enactment possibilities based on a literature review and track records of the past legal regimes of the same kind. Assessment of the different adoption possibilities further requires comparative work of the two legal instruments, which will be based on an analysis of relevant provisions and a literature review. The literature review on the Rotterdam Rules delves into various studies and data produced since the UNCITRAL's adoption in 2009. The literature review on the UNCITRAL Model Law on Electronic Transferable Records heavily relies on UNCITRAL working group documents from 2011 to 2017 together with the final explanatory note. Findings - The main findings can be summarized as follows. Application of the Rotterdam Rules would negate the role of the UNCITRAL Model Law on Electronic Transferable Records assisting in the implementation of the Rotterdam Rules due to some conflicting issues. Enactment of the UNCITRAL Model Law alone can sufficiently provide a higher level of certainty in the use and effect of electronic bills of lading so long as lawmakers and parties are aware of some issues with the application. What concerns potential users most is the extension of the status quo, where neither of the legal instruments have any effect. It is necessary to take a number of alternatives into consideration, such as promotion of standard clauses and confirmation by a court ruling. Originality/value - Existing studies focus either on the Rotterdam Rules or on the UNCITRAL Model Law, but not both. Not many papers have yet dealt with the Model Law, which was adopted by UNCITRAL only 2 years ago, particularly in the context of a potential legal regime for electronic bills of lading. This paper attempts to introduce the differences between the two legal instruments in regulating the use of electronic bills of lading while providing an assessment of the various possibilities for which parties involved in international trade can be better prepared for the changing legal environment.

• Journal of Daesoon Thought and the Religions of East Asia
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• v.1 no.2
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• pp.41-59
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• 2022

Caodaism is a new religion from Vietnam which began in late 1925 and spread rapidly across the French colony of Indochina. With a broad syncretic aim, the new faith sought to revivify Vietnamese religious traditions whilst also incorporating religious, literary, and spiritist influences from France. Like Catholicism, Caodaism kept a strong focus on its monotheistic nature and today Caodaists are eager to label their religion a monotheism. It will be argued here, however, that the syncretic nature of this new faith complicates this claim to a significant degree. To make this argument, we will consider here the nature of God in Caodaism through two central texts from two important stages in the life of the religion. The first is the canonized Compilation of Divine Messages which collects a range of spirit messages from God and some other divine voices. These were received in the early years of the faith. The second is a collection of sermons from 1948/9 that takes Caodaist believers on a tour of heaven, and which is entitled The Divine Path to Eternal Life. It will be shown that in the first text, God speaks in the mode of a fully omnipotent and omniscient supreme being. In the second text, however, we are given a view of paradise that is much more akin to the court of a Jade Emperor within an East Asian milieu. In these realms, the personalities of other beings and redemptive mechanisms claim much of our attention, and seem to be a competing center of power to that of God. Furthermore, God's consort, the Divine Mother, takes on a range of sacred creative prerogatives that do something similar. Additionally, cadres of celestial administrators; buddhas, immortals, and saints help with the operation of a cosmos which spins on with guidance from its own laws. These laws form sacred mechanisms, such as cycles of reincarnation and judgement. These operate not in the purview of God, but as part of the very nature of the cosmos itself. In this context, the dualistic, polytheistic, and even automatic nature of Caodaism's cosmos will be considered in terms of the way in which they complicate this religion's monotheistic claims. To conclude, this article seeks to demonstrate the precise relevance of the term 'monotheism' for this religion.

• Journal of Korea Entertainment Industry Association
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• v.15 no.8
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• pp.315-325
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• 2021

Yeonjae(淵齋) Song Byeong-seon(宋秉璿, 1836-1905) was the ninth-generation descendant of Uam (尤庵) Song Si-yeol (宋時烈). During his lifetime, he gained the trust of Yu-rim(儒林) and was called to the court several times. However, he eventually refused an official] post and spent his life cultivating his studies in the wild. When the Eulsa Treaty(乙巳條約) was signed on November 17, Yeonjae pleaded with King Gojong about the abolition of the treaty. And on the morning of December 30, Yeon-jae committed suicide at his old house in Hoedeok(懷德). At this time, Yeon-jae sent the final appeal to the king, leaving a message to the king, the people, and Yu-rim about the restoration of national sovereignty, fulfilling his duties as a leader of Sarim(士林). After that, in 1962, Yeonjae was awarded the Order of Independence Medal of National Founding. Song Byeong-seon's excursions took place throughout his life. 22 long and short travelogues are existed today. The excursions were mainly done by land, so most of them rode horses or mules. He sometimes used floats or kilns. But he sometimes knew how to use the waterways effectively. This is because in some travel reports, routes using inland waterways and sea routes appear. The journey of the series continues all the way to finding the relics of his ancestors. In this process, it is clear that he reaffirmed its mission of succession to the family and promised to be a part of the brilliant feat of the ancestors. In addition, the reading of the scriptures and Neo-Confucian discussion were added to the excursions. His excursions continued as a means of publicizing and expanding the Neo-Confucian worldview. Thus, Yeonjae inherited the spirit of John Wangyangi(尊王攘夷) left by his ancestors, and finally raised the banner of Wijeongcheoksa(衛正斥邪) high. And he resolutely set out on the road to death for the country.