• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.435-459
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• 2014

Supreme Court of Korea has been mitigating the burden of proof on the malpractice and causal relation by a patient in accordance with the practical transfer of such burden of proof on causal relation as well as relieving a doctor's burden of proof on mistake in the civil damage claim suits on the malpractice. However, a prosecutor shall strictly prove the causal relation between malpractice and unfavorable results as well as a doctor's mistake in the criminal cases for making a doctor accept the professional negligence resulting in death or injury in accordance with In Dubio Pro Reo principles. Furthermore, it shall not be allowed to relieve the burden of proof on malpractice and causal relation which has been frequently applied in the civil proceedings. Nevertheless, it was widely known that the front-line courts accepted the malpractice and causal relation by quoting the legal principles on relieving the burden of proof on malpractice and causal relation applied in the civil cases even in criminal cases with no or insufficient proof on malpractice or causal relation. However, the latest precedents in Supreme Court explicitly declared the opinion that there was no reason to apply the legal principle to relieve the burden of proof on the malpractice and causal relation in the criminal cases requiring the proof 'which doesn't cause any reasonable doubt' on malpractice and causal relation in accordance with the legal principles 'favorable judgment for a defendant in case of any doubt' on the basis of the strict principle of 'nulla poena sine lege.' Accordingly, Supreme court definitely clarified that there would be no reason to relieve the burden of proof on malpractice and causal relation in criminal cases by reversing several original judgments accepting malpractice and causal relation even though there were no strict evidence.

• Asian Journal of Innovation and Policy
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• v.9 no.3
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• pp.240-256
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• 2020

The Biotechnology Support Act has provided a legal basis for promoting the biotechnology field as the highest legal authority in the biosciences since its enactment in 1983, and has contributed to enhancing Korea's biotechnology research and development (R&D) capabilities and to revitalizing bioscience ecosystems by establishing policies for supporting biotechnology, expanding the government research and development, and promoting industrial applications. The revised bill of the Biotechnology Support Act is the law that reflects changes in the technological and social environment and that provides a legal basis for practical support of government policies such as total periodic research support, commercialization empowerment, and creation of an innovative research environment, and it will come into effect in November, 2020 after a six-month grace period. The main contents of the revised bill are 1) increasing status as a general norm in the biotechnology field, 2) establishing data evidence-based policies, 3) inducing biotechnology innovation, and 4) promoting regulatory science, especially research and development. This revision has been reorganized in a timely manner in accordance with the current technological advancements, changes in society and environment, and both quantitative and qualitative growth of the domestic bioscience ecosystems and its competitiveness are expected by systematic supports and promotions of the government during the whole period in terms of research and development (R&D) as well as business and industrialization.

• Korea Trade Review
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• v.48 no.4
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• pp.149-168
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• 2023

Through an examination and analysis of straight bills of lading and sea waybills in the context of English, U.S.A and Korean law, and relevant international conventions on maritime transport, the following results were obtained: Prior to the enactment of U.K.'s the Carriage of Goods by Sea Act in 1992, straight bills of lading had functional differences between countries. However, after the enactment of this law, negotiable bills of lading obtained the same legal status and functionality in both Korea and the United States, as well as in the UK. As for sea waybills, all three countries treated them with the same contractual and legal status. In other words, they serve as receipts for the transported goods and act as evidence of the maritime transportation contract. Nevertheless, they are non-negotiable, and the delivery of goods can be made to the consignee or their agent based on their identity. However, the transfer of ownership rights over the goods or acquisition of legal rights against the carrier cannot be achieved through the transfer or endorsement of Sea Waybills.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.239-258
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• 2018

The purpose of this study is to examine the legal standards of agreements on the origin of liability and the relevant laws in Korea, to suggest implications for custom authorities and traders wishing to benefit from preferential tariff via FTA, citing the excluded cases of related FTA preferences (court cases and administrative judgments). In order to examine the provisions related to supporting evidence of the origin of liability in FTA, we examined FTAs agreed between Korea and EU, EFTA, ASEAN, U.S., and India relevant to FTA Special Customs Act, court cases and administrative judgements. If verifying the origin to protect the fair trade order impedes to promote utilizing FTA, solutions will need to be suggested. If FTA preference is exempted due to verifying the origin by the import customs authorities, the importer shall pay the income tax calculated in accordance with the general tax rate. This is because the certificate of origin confirmed during verification process is different from the actual origin. In most agreements, the exporter (the producer) shall issue the certificate of origin and since the importer has no other option than obtaining the certificate of origin from the exporter, it may face consequences such as declined credibility from the custom authorities in addition to being disqualified for FTA preferential, if the certificate of origin received from the exporter has flaws. On the other hand, the exporter cannot help but being punished by the customs authorities due to issuing defective origin certificates, but it doesn't have conventionary liabilities for damages incurred to the importer. As a result, importers are forced to pursue legal proceedings to claim damages to exporters or to give up FTA preference. As FTA is increasingly utilized, the number and amount of origin verification in Korea has continuously been increasing while administrative judgements indicates other FTA exporters doesn't seem to gain any support in utilizing FTA like Korea does. It has been 8 years since full-scale supports in FTA launched and now is the time to introduce more efficient and intensive FTA support system In this regard, it is desirable to conduct comprehensive verification on export Next, an institutions that assures FTA-based exports should be established in order to compensate the importer's damages that may occur from disqualified certificate of origin issued by the exporter.

• Korean Journal of Biological Psychiatry
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• v.22 no.3
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• pp.109-112
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• 2015

Since the early 2000s, there has been a continued interest in lie detection using functional magnetic resonance imaging (fMRI) in neuroscience and forensic sciences, as well as in newly emerging fields including neuroethics and neurolaw. Related fMRI studies have revealed converging evidence that brain regions including the prefrontal cortex, anterior cingulate cortex, parietal cortex, and anterior insula are associated with deceptive behavior. However, fMRI-based lie detection has thus far not been generally accepted as evidence in court, as methodological shortcomings, generalizability issues, and ethical and legal concerns are yet to be resolved. In the present review, we aim to illustrate these achievements and limitations of fMRI-based lie detection.

• Convergence Security Journal
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• v.12 no.2
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• pp.43-51
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• 2012

CCTV would be the effective way in the prevention of abuse, as well as recorded image information evidence of the crime as a significant legal effect. But recorded image information As evidence by utilizing the Complaint/complaint handling, and administrative business processes that are currently operating offline procedural complexity and unnecessary time appear costly, privacy remains an issue to be solved, etc. Runoff. In this paper, incidence rate of offline business processing phase to solve the problems proposed to build unified portal for CCTV image information and the existing studies on the effectiveness of electronic civil service system, previous studies by analyzing e-government in accordance with laws and privacy laws, CCTV image information portal deployment model is applied to data integration occurs are trying to solve the problem effectively.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.1
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• pp.135-152
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• 2016

Because of the evolution of mobile devices such as smartphone, the necessity of mobile forensics is increasing. In spite of this necessity, the mobile forensics does not fully reflect the characteristic of the mobile device. For this reason, this paper analyzes the legal, institutional, and technical considerations for figuring out facing problems of mobile forensics. Trough this analysis, this study discuss the limits of screening seizure on the mobile device. Also, analyzes and verify the mobile forensic data acquisition methods and tools for ensuring the admissibility of mobile forensic evidence in digital investigation.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.17 no.6
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• pp.1360-1364
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• 2013

Internet phone, communication cost and easy-to-use low-cost compared to the PSTN is a mobile phone of a conventional, and use of the Internet phone is spreading. Construction as part of the broadband convergence network(BCN), Internet service provider(KT, SKT, LGU+) has converted to Internet phone telephone network to all government agencies. In addition, members of the public also have an Internet phone service that you are using. In this paper, we analyze the hacking attack on IP-PBX in the IETF SIP-based that are used in Internet telephony, to the study. The test bed is constructed in the same way as the Internet telephone system to perform studies carried hacking attacks on IP-PBX, analyze the results and to extract evidence forensics. When used in crime by hacking the Internet telephone, we propose a method which can be used as evidence in forensic having legal effect.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2013.05a
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• pp.197-200
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• 2013

Internet phone, communication cost and easy-to-use low-cost compared to the PSTN is a mobile phone of a conventional, and use of the Internet phone is spreading. Construction as part of the broadband convergence network(BCN), Internet service provider(KT, SKT, LG) has converted to Internet phone telephone network to all government agencies. In addition, members of the public also have an Internet phone service that you are using. In this paper, we analyze the hacking attack on IP-PBX in the IETF SIP-based that are used in Internet telephony, to the study. The test bed is constructed in the same way as the Internet telephone system to perform studies carried hacking attacks on IP-PBX, analyze the results and to extract evidence forensics. When used in crime by hacking the Internet telephone, we propose a method which can be used as evidence in forensic having legal effect.

• The Journal of Asian Finance, Economics and Business
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• v.9 no.2
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• pp.61-69
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• 2022

The study intends to investigate a short-run and a long-run causality among money, income, and prices in the Keynesian and Monetarists framework. This study emphasizes the importance of unrecorded money, which exists alongside legal monetary assets and plays a dual function in determining economic prosperity. The underground economy, which is a hidden component of aggregate economic activity, is determined using Tanzi's monetary approach (Tanzi, 1980). This research uses a time series of annual data from 1990 to 2019 for this purpose. The data is extracted from the World Bank database for the monetary and development indicators. The study keeping in view the trending nature in data follows a unit root testing followed by the Autoregressive Distributive Lag Model (ARDL) to assess the long and short-run dynamics of causality among the variables. In both the pricing and income equations, the study finds a significant level link among the variables; however, there is no evidence of the presence of a level association in the money equation. The short-run causal relationship provides evidence of bi-directional causation between the supply of money and national income. The outcome of this study advise that though the view point of both the Monetarist and Keynesian school holds in both short and long run, however, in Pakistan only the Monetarists' role of money supply and income holds in Pakistan. This evidence would be of precise interest to the policy-makers.