• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.211-237
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• 2014

Because of unpredictability and high possibility of abnormal results by clinical trials compared to general medical behaviors, a procedure for ensuring with sufficient explanations by investigators must be secured. Therefore, in a sequence of clinical trials, what kinds of scope, stage, and method of explanations provided by investigators, including doctors or researchers, to trial subjects are closely related to the compensation for damages by violation of liability for explanation. In case of application of clinical trials to patients who have critical illness such as cancer, issues of "Quality of Life" regarding trial subjects, cancer patients, should be discussed. Especially, in case of clinical trials for terminal cancer patients, the right of subjects' self-determination, which is a fundamental principle in medical behaviors, should be discussed. The right of self-determination includes participation in clinical trials for the possibility of life-sustaining even a little bit, or no participation in clinical trials in order to have a time for completing the rest of his life. Like this, if the extent and scope of explanations related to the issues of "Quality of Life" are raised as main issues, the evaluation of "Quality of Life", should be a prerequisite. In many occasions, realistically, despite bad results such as deaths or serious adverse drug reactions after clinical trials, it may not be easy for compensating to trial subjects or their survivors, who requested civil compensation for damage. Futhermore, in abnormal results after concealment of clinical trials or performance of clinical trials without permission, and in the case of trial subjects' failures of proving proximate cause between the clinical trials and abnormal results, problematic results such as no protection to the trial subjects could be occurred. In performing clinical trials, investigators should provide sufficient explanations for trial subjects and secure voluntary informed consents from the trial subjects. Therefore, clinical trials without trial subjects' permissions and the informed consent process violate trial subjects' rights of self-determination, and the investigators shall be liable for compensation for damages. Then, issues might be addressed are what are essential contents of patients' "rights of self-determination" infringed by clinical trials without subjects' permissions. Two perspectives about patients' rights of self-determination might be considered. One perspective regards physical distress of patients (subjects) from therapies without sufficient explanations as the crux of the matter. The other perspective regards infringement of human dignity caused by being subjects without permission as the crux of the matter irrespective of risks' big and small influences. This research follows perspective of the latter. Forming constant fiduciary relation between investigators (doctors) and subjects (patients) pursuant medical contracts, and in accordance with this fiduciary relation, subjects, who are patients, have expectations of explanations and treatments by the best ways. If doctors and patients set this forth as a premise, doctors should assume civil liability when doctors infringe patients' expectations.

• The Journal of Korean Philosophical History
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• no.25
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• pp.315-332
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• 2009

This research shows that Mozi setting forth a military thoughts will be discussed and lighted up in modern value. Mozi's theory on a military was formed in order to protect weak people from the strong in the basis of his philosophy of not attacking. It is different from the art of war for attack. There are some merits in Mozi's strategy of war that we have to take notice of. First of all, Mozi indicated that married women, the old and children was provided with specific roles in the war times. Especially, married women' parts will be equal to men. The old and children should usually be respected for the government to offer them important roles in the war time. Therefore, this paper will be showed in the respect of Mozi's thoughts that is considered as human being's fundamental rights in terms of ensuring the weak's rights. Furthermore, Mozi's theories on technology from loving the civil was applied to defensive fight and his advanced arms was arranged in the actual fight. However, his arms could be useful to the only defensive fight. This case was reflected as Mojia's theories that science is sincerely useful toward the civil. There will be some small or large wars in the future. Mozi's theories based on a military peaceful thoughts that everyone ought to be loved without discrimination should be highly valued when all wars will take place for the purpose of their own profits.

• The Southeast Asian review
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• v.27 no.3
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• pp.1-47
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• 2017

This paper examines how democracy is being taught in secondary school level of Indonesian civic education. For this purpose, this study analyses the textbook contents concerning democracy. First, this study sets the freedom, the right, the unity and the stability as key words and analyzes the characteristic of describing democracy by looking at how each keyword is explained in the textbook. The result of analysis shows that democracy of Indonesia can be described as "Pancasila democracy" and textbooks have tendency to relatively emphasize 'the unity', and 'the stability' by differentiating themselves from "liberal democracy" and "liberalism." The freedom in textbook can be interpreted in the context of organic-statism that state and interests of state have the ascendancy over individuals. This viewpoint is based on the historical contexts of Indonesia. However, when textbook describes about Indonesian democracy and its values, they deal with contents of democratic principles, "the freedom of opposition", "the negative freedom", and natural rights. And the study interprets the existence of the two contrasting concepts - relative emphasis on the unity of state and the statement about the importance of individual rights and the freedom - in the textbook as a logical tension in transitional process of traditional organic-statism. Second, the study examines educational contents in accordance with the method of description in textbook. It has been found that there are logical tension and fallacy in describing the principle of fundamental concepts and applicate that concepts into Indonesia case. Also, when describing Marsinah and Munir case, there are some parts distorted and overlooked the facts. On the other hand, the gaps between the explanation in textbook and reality can be pointed out. This study which examined textbook and contents of the rights of the individual is an introductory study on textbook, education and democracy for development of Indonesia and their education.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.4
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• pp.391-396
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• 2013

This study discusses characteristics and regulations of assembly and demonstration on the Sea. One of the characteristics of assembly and demonstration on the sea is danger caused by vessels and nature of the sea. Thus, Korea Coast Guard prefers to regulate demonstration on the sea more strictly by applying sea related laws such as Maritime Safety Act and Public Order in Open Ports Act. However, assembly and demonstration on the sea is one of the fundamental rights which is guaranteed by the Constitution and should be regulated and protected by the Assembly and Demonstrations Law. The purpose of this article is to properly regulate and protect assembly and demonstration on the Sea based on proper interpretation of the Assembly and Demonstrations Law.

• International Commerce and Information Review
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• v.11 no.4
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• pp.395-418
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• 2009

Appeared in the 1970s he started the global warming problem of carbon reduction, unlike the expected withdrawal of the United States was anticipated to be nominal stripping. However, EU mainly carbon market, buy and sell rights to be disposed of evolution was born. In fact, the current reduction of the Kyoto Protocol, and Korea will be designated as the bureau had been scheduled. However, due to economic recession in Korea's status as exempt countries have enjoyed a considerable period. Global warming is a problem in earnest, however, the United States to participate in one or more such discussions since 2013, clearly this will begin the international order. And international order that is more stringent than expected, and is expected to be strong. Then, however, an interesting thing to justify protection of the environment in some countries to protect domestic industry, the movement is visible is the side. In fact the WTO since the conclusion of all non-tariff trade barriers were abolished. However, recently, New Round of the delay based on reciprocity and fair trade in the framework of environmental protection to justify the movement to protect the domestic industry has been captured. These trends are not friendly, never in Korea. The rationale is that these regulations are enforced, many of our countries and countries with significant trade transactions and the enforcement points. And South Korea's automotive, semiconductors, ships, etc. The main products are much discussed in the international regulations are being referred to as the target point is due. Korean government to actively participate in the international situation and efforts to explore new markets, said yesterday, and 'Low Carbon, Green Growth' was declared. And the Intergovernmental Panel on Climate Change(IPCC) recommendations of the best 30% reduction target was present. This is nothing different about this objection is true. A more fundamental solution to faithfully perform the reduction targets, while the development of environmentally friendly products and the incidence of international standards through the development and expansion of new growth engines, Indeed we are expected to be a fundamental methodology.

• Convergence Security Journal
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• v.11 no.4
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• pp.19-29
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• 2011

After a change of government and the inauguration of President Barack Obama in 2009, there are various effort to set up a cybersecurity policy which is better than its predecessor. The legislative trend of cybersecurity is the one aspect of that. So we compare the legislative trend of cybersecurity in the Obama era to one in the Bush era and analyze that and find items which is helpful to Korea. It seems that the point of cybersecurity legislation of U.S.A. changes from tougheners of penalties to improvements to implementation system. We can find the implications for Korea From that. Cybersecurity is covered as a problem all over the nation and a security problem. It is necessary for Korea to get ready for new Pax Americana in cybersecurity in advance and to guarantee fundamental human rights.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.12 no.2
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• pp.843-859
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• 2018

Cybersecurity has emerged as a serious problem in Korea and there have been relevant movements to improve domestic cybersecurity policy and system. However, discussions have yet to result in actual progress and the legislation for improvement of cybersecurity policy and system have been stagnant until now. As evidenced by the introduction of primary government legislation bill for national cybersecurity in 2017, the preparations for improvements to the policy and system are still in progress. However, we cannot be positive about the possibility of implementing these improvements during the process. Recognition of the importance of cybersecutiry has gradually risen and is more prevalent than in years past, however, in-depth discussions are not being made. In principle, misunderstandings about cybersecurity itself and insufficient understandings of the relevant legislation seem to cause such problems. Therefore, it is necessary to review key issues related to the improvement of cybersecurity policy and system and reconsider tasks for the future. Such issues include the relationship between cybersecurity and fundamental rights, establishing responsibility and capability of each of entities for cybersecurity, and the role of the military in cybersecurity. This type of in-depth discussion will be helpful for finding ways to improve upon cybersecurity policy and system. Moreover, this study aims to key issues with questionnaire survey and political and normative inquiry.

• Journal of Information Technology Services
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• v.12 no.1
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• pp.131-141
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• 2013

Matters related to the right to be forgotten started the dispute Europe to introduce it first when Data Protection Directive established in 1995 proceeded revision. Relating to this, diverse disputes proceed on responding to personal information protection and internet laws in our nation. Especially as our National Assembly submitted the law regarding the promotion of information and communication network use and protection of information and amendment of copyright, it is necessary to look into the movement on introduction of law of right to be forgotten closely in detail. EU which attempted the institutionalization for the first time, relating to review of General Data Protection Regulation, proposed opinions such as the necessity to define subjects of personal information concretely and specifically and or protection target and balanced consideration on freedom of expression which is constitutional value. In the case of our nation, there was legislation attempt to introduce the regulation but it was limited in the form of fallen effectiveness without concrete and detailed review on internet law. To solve such problems, it is necessary to look into issues and matters to be considered required to accept right to be forgotten closely and discuss possibility of introducing right to be forgotten, conflicts between fundamental rights becoming issue, effect of goal achievement of personal information protection through the system introduction, and other rational acceptance method.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.9 no.4
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• pp.1548-1568
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• 2015

Korea's Compulsive Shutdown System bans online game providers from offering their services to children under 16 years of age from midnight to 6 a.m. Although it was introduced only after lengthy rounds of discussion, controversy over the system still continues. The key question is whether the system, which unilaterally emphasizes juvenile protection, infringes upon the freedom of playing games for teenagers, the freedom of business for game products related business operators and the right to foster children for parents, which are basic rights under the Constitution. It is very encouraging that the State took up the issue and prepared various systems for juvenile protection through the Compulsive Shutdown System. Yet the government has to plan as comprehensive and effective of a measure as it possibly can by predicting the trends of technology development and game use, and also set detailed standards to ensure that the system should not become an excessive or inappropriate regulation. Although the State's compulsive intervention may be positive since it is hard to expect a self purification capability to exhibit itself concerning game use among teenagers, a plan to prevent game addiction among adolescents from the long-term and fundamental perspectives should be prepared as well.

• Journal of the Korean Institute of Rural Architecture
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• v.20 no.3
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• pp.27-35
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• 2018

This study investigated the public use of Myeon Location in Jeollanam - do where the population is at risk of declining. And discussed the rational provision and coordination of public facilities as a guarantee of fundamental rights. As a result of the study, the rational supply and adjustment directions of public facilities are as follows. First, there are problems such as high availability of management, finance, shopping, and health facilities, lack of culture, leisure, community facilities, and weakening of center function. Therefore, in the continuing declining population situation, face management, safety and health facilities should be upgraded to multifunctional facilities, and utilization efficiency and integration should be promoted. In addition, town center rehabilitation should be centered on multifunctional facilities. In addition, elementary schools will have to utilize and preserve them to take advantage of local cultural values as nostalgia storing place that provide incentives for young people and elementary school children in the future. Second, in order to cope with population decline, public facilities need to strengthen public services through complexity and multifunctionality, wide-area operation with neighboring areas, and user-centered operation management.