• Korean Security Journal
• /
• no.14
• /
• pp.465-484
• /
• 2007

Our society's modernization created many opportunities for us to need a private investigation service system. Variation of international environment due to joining in the OECD, opportunity of individual legal, collect evidence during judgement, prevention of damage criminal, security of business in company, free trade economy's system etc and don't need to enumerate how important of introduction of private investigation service system. In addition to there are lots of objection opinions, such as possibility of person's private life, invade of lawyer's area, confliction with investigation team, gap of wealth and poverty that make preponderance of information. So this research can be considerate from objective opinion, and can obtain conclusion just like below. First, private detective agencies that encroach on the individual rights will naturally deteriorate after the implementation of private investigation service system. Through this, the probability of civil rights encroachment will be lower, and for this to happen there needs to be a thorough maintenance of the system. Secondly, mutually beneficial solution should be found not by a conflict between two sides. Detective business sector should not cause social confusion from conflicts with other investigation organization such as police, or investigators, rather, it must get on the demand of the diversified citizen and maintain the diverse sector inter-cooperate right, and to do that law and institution must be made for the base. Thirdly, investigation used depending on the gap between wealth and poverty does not mean the actualization of the rights and interests of the citizen. If the duty of investigation sector is to find the evidence and collect or manufacture of the evidence, then the problems which the nation can't handle will be more enlarged and then finally end up with strengthening the capability of national public security demand.

• The Korean Journal of Air & Space Law and Policy
• /
• v.30 no.2
• /
• pp.427-468
• /
• 2015

To date, we have considered the theoretical views, the standpoint of states and the discourse within the international community such as the UN Committee on the Peaceful Uses of Outer Space(COPUOS) regarding the Air/Outer Space Boundary Question which is one of the first issues of UN COPUOS established in line with marking the starting point of Outer Space Area. As above mentioned, discussions in the United Nations and among scholars of within each state regarding the delimitation issue often saw a division between those in favor of a functional approach (the functionalists) and those seeking the delineation of a boundary (the spatialists). The spatialists emphasize that the boundary between air and outer space should be delimited because the status of outer space is a type of public domain from which sovereign jurisdiction is excluded, as stated in Article 2 of Outer Space Treaty. On the contrary art. I of Chicago Convention is evidence of the acknowledgement of sovereignty over airspace existing as an international customary law, has the binding force of which exists independently of the Convention. The functionalists, backed initially by the major space powers, which viewed any boundary demarcation as possibly restricting their access to space, whether for peaceful or non-military purposes, considered it insufficient or inadequate to delimit a boundary of outer space without obvious scientific and technological evidences. Last more than 50 years there were large development in the exploration and use of outer space. But a large number states including those taking the view of a functionalist have taken on a negative attitude. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It seems therefore to welcome the arrival of clear evidence of a growing recognition of and national practices concerning a spatial approach to the problem is gaining support both by a large number of States as well as by publicists. The search for a solution to the problem of demarcating the two different legal regimes governing the space above Earth has undoubtedly been facilitated and a number of countries including Russia have already advocated the acceptance of the lowest perigee boundary of outer space at a height of 100km. As a matter of fact the lowest perigee where space objects are still able to continue in their orbiting around the earth has already been imposed as a natural criterion for the delimitation of outer space. This delimitation of outer space has also been evidenced by the constant practice of a large number of States and their tacit consent to space activities accomplished so far at this distance and beyond it. Of course there are still numerous opposing views on the delineation of a outer space boundary by space powers like U.S.A., England, France and so on. Therefore, first of all to solve the legal issues faced by the international community in outer space activities like delimitation problem, there needs a positive and peaceful will of international cooperation. From this viewpoint, President John F. Kennedy once described the rationale behind the outer space activities in his famous "Moon speech" given at Rice University in 1962. He called upon Americans and all mankind to strive for peaceful cooperation and coexistence in our future outer space activities. And Kennedy explained, "There is no strife, ${\ldots}$ nor any international conflict in outer space as yet. But its hazards are hostile to us all: Its conquest deserves the best of all mankind, and its opportunity for peaceful cooperation may never come again." This speech seems to even present us in the contemporary era with ample suggestions for further peaceful cooperation in outer space activities including the delimitation of outer space.

• The Korean Journal of Air & Space Law and Policy
• /
• v.2
• /
• pp.31-67
• /
• 1990

One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

• The Korean Society of Law and Medicine
• /
• v.17 no.2
• /
• pp.145-173
• /
• 2016

A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

• Journal of Agricultural Extension & Community Development
• /
• v.12 no.2
• /
• pp.137-150
• /
• 2005

Although the rate of women farmer's participation in agricultural activities have been increased upto 52.7 % as of year 2003, Korean society has not fully recognized their roles in rural society. According to the agricultural basic law, most of rural women were engaged in agriculture as full time job, however, only about 11% of them could have supporting evidence of themselves as farmer having legal right. If women farmers faced some unexpected things such as a traffic accident, insurance company would not reward them as farmers unless they provide written proof of their job as farm worker or farm owner. Based on lawyer's legal advice, the authors developed a diary called "Saenghwalilji", a daily diary based on their time use and bookkeeping to prove the fact of their contribution to income generation of the farm. After examination of the diary, 18 persons out of 29 volunteers kept two types of dairy for the period of two weeks, and they reported it was very useful. Finally the better one of two was selected after reflecting the suggestions from the respondents. The "Saenghwalilji", will be very useful proof of women farmer's contribution to income, at the same time improving their farm management through better use of daily life time.

• Journal of the Korean Society for Aviation and Aeronautics
• /
• v.12 no.3
• /
• pp.41-63
• /
• 2004

The area covered by product liability in broadest sense is so vast that an attempt to analyse all its impact on the aviation world risk. Every effort has been made to confine our review of subject a closely as possible to its influence on aircraft manufacturers, airlines and passengers, in spite of strong connections with other spheres of commercial. Product Liability in aviation is the liability of aircraft's manufacturer, processor or non-manufacturing seller for injury to the person or property of a buyer or third party caused by a product which has been sold. Here-in a product is aircraft, third party is passengers who suffered damage by defective design, defective construction, inadequate instructions for handling in aircraft. Whenever a product turns out to be defective after it has been sold, there are under Anglo-American law three remedies available against the aircraft's manufacturer (1) liability for negligence (2) breach of warranty (3) strict liability in tort. There are Under continental law Three remedies available against the aircraft's manufacturer (1) liability for defective warranty (2) liability for non-fulfillment of obligation (3) liability in tort. It is worth pointing out here an action for breach of warranty or for defective warranty, for non-fulfillment of obligation is available only to direct purchaser on the basis of his contract with the aircraft's manufacturer, which of course weakness its range and effectiveness. An action for tort offers the advantage of being available also to third parties who have acquired the defective product at a later stage. In tort, obligations are constituted not only by contract, but also by stature and common law. In conclusion, There in no difference in principle of law. In conclusion I would like to make few suggestions regarding the product liability for aircraft's manufacturer. Firstly, current general product liability code does not specify whether government offices(e.g. FAA) inspector conducted the inspection and auditory certificate can qualify as conclusive legal evidence. These need to be clarified. Secondly, because Korea is gaining potential of becoming aircraft's manufacturer through co-manufacturing and subcontracting-manufacturing with the US and independent production, there needs legislation that can harmonize the protection of both aircraft's manufacturers and their injured parties. Since Korea is in primary stage of aviation industry, considerate policy cannot be overlooked for its protection and promotion. Thirdly, because aircraft manufacturers are risking restitution like air-carriers whose scope of restitution have widened to strict and unlimited liability, there needs importation of mandatory liability insurance and national warranty into the product liability for aircraft's manufacturers. Fourthly, there needs domestic legislation of air transportation law that clearly regulates overall legal relationship in air transportation such as carrier & aircraft manufacturer's liability, and aviation insurance.

• Journal of Distribution Science
• /
• v.9 no.2
• /
• pp.97-109
• /
• 2011

As a marketing vehicle to survive in intensified retailing competition, retailer brand development has been adopted by retailers in Korea. As evidence, the retailer brand share of a major retailer, Tesco Korea, has grown from 20% in 2007 to 22.8% in the first half of 2008. It means that retailers have provided more and more retailer brand foods for customers. With the growing accessibility to retailer brand foods, it would be expected that the number of retailer brand food claims will increase. Customers have increasingly exposed to a variety of marketing activities conducted by retailers. When buying the retailer brand foods, customers tend to be affected by marketing activities of retailers. Despite the fact that customers trust retailers and then, buy their brand foods, in case of food accidents caused by production process, customers have to seek compensation from a retailer brand supplier. Of course, a retailer tends to shift its responsibility to its suppliers. Accordingly, it is not easy for customers to solve food claims. The research, therefore, aims at exploring the relationship between the buying-decision processes of retailer brand customers and which side takes legal responsibility for food claims. To effectively achieve the research aim, the author adopted a quantitative and a qualitative research technique, in order to supplement the disadvantages of each method. Before field research, based on the developed research model, the author pre-tested questionnaire with 10 samples, amended, and handed out to 400 samples. Amongst them, 316 questionnaires are available. For a focus group interview, 9 participants were recruited, who are students, housewives, and full-time workers, aged from 20s to 40s. Through the focus group interview as well as the questionnaire results, it was found that most customers were influenced by a retailer or store image in a customer's mind, retailer reputation and promotional activities. Surprisingly, customers think that the name of a retailer is a more important factor than who produces retailer brand foods, even though many customers check a retailer brand supplier, when making a buying-decision. Rather than retailer brand suppliers, customers trust retailers. That is why they purchase retailer brands. Nevertheless, production-related food claims is not involved with retailers. In fact, it would be difficult for customers to distinguish whether a food claim is related to selling or manufacturing processes. Based on research results, from a customer perspective, the research suggests that the government should require retailers to take the whole responsibility for retailer brand food claims, preventing retailers from passing the buck to retailer brand suppliers. In case of food claims, in order for customers to easily get the compensation, it is necessary to reconsider the current system. If so, retailers have to fully get involved in retailer brand production stage, and further, the customer awareness of retailer brands will be improved than ever before. Retailers cannot help taking care of the whole processes of retailer brand development, because of responsibility. As a result, the process to seek compensation for food claims might become easier, and further, the protection of customer right might be improved.

• Korean Journal of Culture and Social Issue
• /
• v.19 no.3
• /
• pp.343-365
• /
• 2013

This study examined the effects of various individual differences on children's memory of a stressful experience. The participants for the current study were children (N=85) aged 4-9 years those who experienced a naturally occurring stressful experience from a dental procedure. There was overall negative relation between the level of stress and children's memory performance. However, more interestingly, the results of this study provided some further evidence that several cognitive (i.e., receptive language ability and working memory capacity) and emotional (i.e., children's general anxiety condition, children's self-report of pain and anxiety about the event) individual difference factors were associated with variations in children's remembering across ages. The results suggest that the relation between stress and children's memory might be impacted in part by children's various individual characteristics. Furthermore, the findings are discussed in the applied context that based on the results clinical and legal professionals can tailor interviews to best meet children's needs and capabilities, and create developmentally and individually sensitive guidelines for interviewing children in the legal system.

• KDI Journal of Economic Policy
• /
• v.28 no.1
• /
• pp.95-116
• /
• 2006

Traditionally, foreign labor inflow into Korea has been rare and, hence, issues on foreign workers did not draw much attention. However, changing economic conditions of the Korean economy, such as "labor-shortage" problem in SMEs in manufacturing sector, has made the Korean government open its door to the foreign workers since the early 1990s through the Industrial Trainee System. The inflow of foreign workers, on the other hand, has generated various social and economic problems, such as substantial increase of illegal over-stayers, illegal utilization of foreign unskilled workers by domestic SMEs, to name a few. Against this background, the Employment Permit System was implemented from 2004. This new system aims at supplying foreign workers to SMEs as well as protecting them as legal 'employees'. In any case, it is very important to understand how and to what extent the inflow of foreign workers have affected the Korean economy in order to establish long-term policy stance. This paper aims to empirically assess the economic impact of foreign workers on domestic workers in the manufacturing sector during 1997~20001, focusing on the Industrial Trainee System. The empirical results of the paper can be summarized as follows. First, there is some evidence that male semi-skilled workers are the group that is likely to have been displaced by industrial trainees. Second, we were unable to find any strong evidence suggesting that the inflow of foreign industrial trainees decreased wages of less-skilled Korean workers.

• Clinical and Experimental Reproductive Medicine
• /
• v.2 no.2
• /
• pp.13-26
• /
• 1975

Seven aspects of attitude toward marriage in Korea are examined to better understand present and future marriage patterns. Also, various facets of current marriage practice are compared with attitudes. The study comprises three groups of roughly 600 women each, selected by random sampling from a rural, an urban, and a semi-urban area. A carefully designed and pretested questionnaire was checked for reliability by a reinterview in a 15% subsample. The great majority of Korean women support traditional attitudes that one must or should marry. The small group who recommend that one should not marry are mostly the very young or the never married, whose attitudes still may change. However, there are important and probably predictive shifts in favor of more individual decision, especially among the better educated, the young, and the more urban. Traditional reasons for marriage such as "custom" and procreation are ranked first by a majority, but there is a large shift to more contemporary or liberal desire for companionship and love, also primarily among the better educated, the urban, the young, and the never married. The traditional attitude that parents should have the sole or major role in mate selection is still held by a bare majority; the educated, urban, young, and never married are more liberal. Only 6% opt for each of the two extremes: That the parent alone or the respondent alone should decide. The remainder prefer one of the two middle-of-the-road positions where parent and child together decide. The proportions of respondents who classed specified criteria as moat important for selecting a husband, arranging the criteria in order from traditional to contemporary were: Lineage, etc., 23%; personal attributes, 40%; health and education, 27%; and love, 10%. The changing attitudes are suggested by the fact that love was ranked first by only 3% of the poorly educated rural poulation versus 23% of urban college level and 31% of the urban never married. There has been a substantial rise in the ideal age of marriage over the past twelve or more years, but there also is evidence that the ideal age is at or near a ceiling. Knowledge about legal age of marriage is minimal; the implications of this for proposed legislation are discussed. Three-fifthes to four-fifths of all respondents married husbands of the same religious, residential, and economic backgrounds as themselves. Almost all of them married men of the same or higher educational level. These evidences of traditional influences in mate selection are contrasted with the low priority given some of those items in earlier questions on reasons for marriage and criterion for selecting husband. Contrary to the expressed attitudes as to who should select the husband, we find that marriages of the study sample were stated to be arranged by parents alone in 62%; and in another 23%, the parents made the decision but asked the respondent's views. Such arrangements were most frequent among the rural, the less educated, and the older respondents and less common in the urban and more educated. The implications of these and related findings are discussed.