• Korea and Global Affairs
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• v.1 no.2
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• pp.33-84
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• 2017

This study deals with President Park Chung-hee's greed for dominance and oppression during the Yushin Regime in the 1970's and consists of case studies related to anti-democracy of the National Council for Unification Subject, illegality of President's emergency rule and oppression in the process of putting down Buma Uprising. The National Council for Unification Subject was an organization for presidential selection and institutionalized by the enactment of Yushin constitution. Emergency rule was carried into effect as a means to repressing college students and forces out of office for the president's long-term seizure of power. And Buma Uprising rose against violence in resistance to the Yushin regime and president Park Chung-hee's greed for dominance and oppression. These case analyses applied the aspects of causal relationship(birth and fall of Yushin Regime), legal system(Yushin constitution and president's emergency rule) and behavior(President Park's greed for dominance and oppression) for this study. The National Council for Unification Subject institutionalized through Yushin constitution and the Yushin regime formed by emergency rule enabled President Park to cling to long-term seizure of power by means of greed for dominance and oppression. After all, his failure to keep the spirit of the time and stepping stone for democratic constitutional government triggered Buma Uprising, a kind of anti-Establishment movement, and caused the fall of the Yushin regime.

• Journal of Broadcast Engineering
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• v.22 no.4
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• pp.438-447
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• 2017

The purpose of this study is to understand the recognition of gambling industry through the semantic analysis of news data on lottery, sports betting, horse racing and casino that was reported between 1990 to 2015 in South Korea. This paper revealed the difference between journalists' intention and public's perception about news by analyzing the frequency and connectivity of news with framing and public's interest through semantic network analysis and explored the policy characteristics and innovation task. The result of analysis, news on lottery game mainly has been reported social issue related with win such as 'winning number', 'prize money', 'suspicion of manipulation' and etc. News on sports betting has been reported mandatory information related with business project and illegal site such as 'bidding', 'illegal site', 'sales target' and etc. News about horse racing has been reported the information about the business advertisement such as 'online race track' and 'promotion'. Lastly, casino related news has been reported 'major information' such as illegality', 'gambling place' and 'foreigner'. As a result of times series analysis, news about casino in the 1990s, news about lottery in the 2000s and news about horse racing in 2010s have been increased. Public's interest also has been moved to 'business scandal', 'winning game', 'citizens' campaign' and etc. Gambling related news has been classified by four types, 1. advertising publicity(horse racing), 2. mandatory information(sports betting), 3. social issue(public agenda, lottery), 4. major information(casino). We could get the insight that news can be formed a public agenda, when news is reported as a social issue with high frequency and public's interest like lottery related news.

• Korean journal of communication and information
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• v.42
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• pp.140-167
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• 2008

This study analyzes the legal reasoning of Seoul Central District Court, which imposed legal liability on portals for posting defamatory user replies to news articles, written and provided by the news media, onto their 'News Windows'. Saddling portals with the burden of verifying the facts associated in news articles and imposing the legal obligation as a publisher entail a grave risk of impairment of free flow of information and freedom of expression. Of course, it would ultimately result in tightening up private censorship of information which the Constitution does not allow, and funker keep portals from posting even news articles in which expressed views and opinions are lawful. When judging whether portals should assume liability fur libelous user replies to news articles, it is necessary to distinguish the territory under the direct authority of portals from cafes and bulletin boards managed by third parties. In addition, imposing legal liability above the level of common carrier should be limited to the cases; when portals arbitrarily change the contents of news articles or when the articles portals changed contain libelous contents. Even if those conditions are met, the altered contents should obviously constitute libel. Only in the presence of proof that portals knew the illegality of news articles and did not take proper steps including deleting those replies, should portals not be considered as an accomplice. Nor should portals take responsibility for users' defamatory replies for those reasons.

• Korean journal of communication and information
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• v.58
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• pp.106-129
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• 2012

Social Network Service(SNS), which are an emerging form of political architecture, have been a political means to promote civic engagement and shape pubic opinions on social issues. Along with the influence of SNSs, the governmental control on the dissemination of information over SNSs has increased more and more. It would be ideal if the autonomous governance regulates SNSs which facilitate the networks of the dispersed people. It is the fact, though, that compulsory regulations under which the government controls impose policy and legal restrictions on political expressions. The current study addresses expressive and participatory nature embedded in technological characteristics of SNSs and discusses the problems of content regulations of political expression over SNSs. First of all, it is analyzed that light touch regulation or light touch monitoring should be applied to regulating content on SNSs, particularly political expressions. Constitutional Court proclaimed that legal restrictions on the Internet could infringe basic rights of the people and thus under unambiguous standards, the Doctrine of Clear and Present Danger should be applied to its content. Second, it is found that clarifying the definition of illegality in the application of legal restrictions is necessary to minimize the excessive misleading. Third, it is required that Korea Communications Standards Commission under the government control needs to change in determining the scope of illegal information. In a domestic level, there needs to be safeguards for the protection of the self-regulatory organization such as KISO to guarantee voluntary and autonomous regulatory practices.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.109-136
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• 2014

The separability of an arbitration clause is generally recognized throughout the world, but there are no provisions of it under the Federal Arbitration Act(FAA) of the United States. As such, the controversy over the recognition of separability has developed with the rise of certain cases. The Supreme Court recognized this separability based on section 4 of the FAA in the decision of the Prima Paint case. The Court ruled that courts must decide the claim about the fraudulent inducement of an arbitration agreement itself, but they must not decide the claim about the fraudulent inducement of a contract involving a broad arbitration clause, and they have to proceed with the arbitration. The Court said that the subject of an arbitral award is set by the agreement of the parties, and thereby arbitrators can decide the issues about the fraudulent inducement of a contract on the basis of the arbitration clause when it is broad to the point of including the issues. Many courts have extended the separability beyond the fraud context to include other defenses to contract formation in the federal courts such as the occurrence of mistake, illegality, and frustration of purpose. In interpreting the parties' intention of ensuring arbitrator competence, the Supreme Court has treated differently the issues about whether the arbitration agreement exists or not and the issues about whether the preconditions for dispute resolution by a valid arbitration agreement is fulfilled or not. The Court holds that the federal policy in favor of arbitration does not apply to the former issues, and arbitrators can decide theses issues only when parties assign them clearly and unmistakably to them. However, the later issues receive a presumption in favor of arbitration; i.e., when the interpretation of a valid arbitration clause is contested, the arbitrators can decide these issues. In the First Options case, the former issue was questioned. The question of the separability of an arbitration clause is where the validity of the main contract involving the arbitration clause is contested. Therefore, the doctrine of separability did not operate in the First Options case in which the validity of the arbitration clause itself was questioned, and the decision in the First Options was irrelevant to the separability. I think that the Prima Paint case and the First Options case have different issues, and there is no tension between them.

• The Korean Society of Law and Medicine
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• v.8 no.2
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• pp.205-290
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• 2007

In Korea, abortion in the Criminal Law is an illegal act in exception of limited cases stated in the Mother and the Child Health Law. There are grounds on which abortion may be carried out - though the grounds are very limited and related such as emergency situation of woman's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations to reform the existing regulations and increase the effectiveness of the regulations. A national survey was carried out using telephone interview with Korean citizens from August 1th to August 31th in 2005. A total of 1,025 citizens (male: female = 49.2%:50.8%) were randomly sampled in proportion to the number of population of 17 regions. The major findings of this survey were as follows. First, 91.4% of the respondents approved of abortion based on the medical grounds. Second 83.3% of the respondents perceived that abortion may be carried out based on ethical grounds for example rape. Third, 74.3% were agreed to abortion based on genetic diseases. Forth, 64.7% were approved the abortion that unmarried woman may be carried out. In contrast 45.0% were approved the abortion that girls may be carried out, whereas 46.4% were perceived that the abortion may not be permitted. Fifth, 58.3% were disagreed the permission of abortion based on social and economic grounds. According to the survey Korean citizens seem to have positive perception on the abortion that may be carried out based on medical, ethical and genetic grounds. Whereas they worried about the abortion based on social and economic grounds. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds. In cases of when the mother has a impossibility to breed her child because of her social situations and financial conditions, we should accepted the legal acceptance of abortion due to social and economic grounds.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.123-164
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• 2014

Under the new system of 'Separation of pharmaceutical prescription and dispensing' in Korea, which was implemented in 2000, physician could not dispense a medicine, and outpatient should have a physician's prescription filled at a drugstore. After pharmacist makes up outpatient's prescription, National Health Insurance Service(NHIS) pay for outpatient's medicine to pharmacist, except an outpatient's own medicine charge. And NHIS only pay for outpatient's prescription fee to physician and, physician doesn't derive profit from dispensing medicine in itself. Nevertheless, if physician writes out a prescription with violation of 'Criteria for the Medical Care Benefits', NHIS clawed back the payment of outpatient's prescription and medicine from the physician or the medical institution which the physician belongs to. In the past, NHIS's confiscation was in accordance with 'the National Health Care Insurance Act, Article 52, Clause 1'. But, since 2006 when the Supreme Court declared that there was no legal basis on the NHIS's confiscation of outpatient's medicine payment, NHIS had put in a claim for illegal prescriptions on the basis 'the Korean Civil law, Article 750(tort)'. So, Many medical institutions filed civil actions against NHIS. The key point of this actions was whether the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits constitute of the law of tort. On this point, the first trial and the second trial took different position. Finally the Supreme Court acknowledged the constitution of the law of tort in 2013. In this paper, the author will review critically the decision of the Supreme Court, and consider the relativeness between the legal effect of Criteria for the Medical Care Benefits and the constitution of the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits as the law of tort.

• Journal of Digital Convergence
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• v.14 no.6
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• pp.51-60
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• 2016

The modern state has always followed a variety of risks in the industrialization and informatization trends in the development of science and technology. Under such an environment, A matter of State compensation should take into consideration a variety of values such as harmony relief victims' rights in accordance with the principles of the rule of law, suppression of illegal acts of public servants, ensuring stable performance of official duties, the national treasury stability. As the state takes responsibility for an act of a public servant in a modern constitutional state, there may be a doubt on that the state takes responsibility only when there is a deliberation or a mistake. According to the theory of the self-responsibility, which suits the Constitution, the principle of liability with mistake on the State Compensation Law shall be excluded. I agree to the opinion that a subjective responsibility prerequisite such as a deliberation or a mistake is not required in relation to the liability of reparation on the State Compensation Law. Therefore, it is needed to convert the principle of state liability of reparation from the principle of liability with mistake to the principle of liability without mistake through a fundamental revision of the State Compensation Law.

• 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) Research of the performance art and culture
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• no.40
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• pp.163-192
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• 2020

Sinjungsin Mask Play, one of Ttangseolbeop, is related to Seongjusin's life story. Sinjungsin Mask Play is a reconstruction of the story of the folk gods Seongjusin met while returning home. Seongjusin's life story proceeds in the form of Mask Play, and the monk who leads the sermon plays narration and main roles. Many believers play various roles and musicians. Sinjungsin Mask Play introduces many folk beliefs, sounds for intrigue, and talks. Sinjungsin Mask Play uses the same method of enumeration and repetition as the existing Mask Play. The repetition of a sentence or phrase plays a role in foreseeing the meaning of the context or foretelling the development of the plot to the audience. This repetition is intended to emphasize the situation of the scene and to create rhythm. Since Mask Play was exclusively for the common people, Mask Play actors use the repeating method commonly used in folk songs to form lines. This gives the audience a familiarity, effectively communicating the lines and responding to their tastes. Sinjungsin Mask Play borrowed people's way of playing for the public's mission. It inherits the dramatic forms of traditional traditional plays such as repetition of words or sentences or phrases, codification of words or sentences, borrowing of existing songs, and formal expression units. In addition, through repeated performances, believers can easily and easily learn and understand. This is the dramatic form and characteristics of Sinjungsin Mask Play. Sinjungsin Mask Play was handed down from Faith Communities and was used as a means of folk cultivation to spread illegality. Buddhism externalizes the process of accepting folk beliefs through Mask Play, and in the case of Shinto who participated directly or indirectly, they naturally acquire the belief system of Hwaeom Kyung through play. Sinjungsin Mask Play, one of Ttangseolbeop, can be said to have great value as an ICH, as well as popularization and mission.