• Journal of Environmental Policy
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• v.6 no.4
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• pp.1-28
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• 2007

Because the result of environmental pollution of one state is not limited to the national border but spills over into neighboring countries or global environment either directly or indirectly, international discussions on environment are crucial in domestic environmental law and policy. International environmental law demands differential obligation between developed and developing countries in the principle of 'common but differentiated responsibility'. The common but differentiated responsibility is the principle that draws distinction between developed and developing countries about global environmental issues, while recognizing the common responsibility of environmental protection for all nations. Environmental technology transfer or financial support from developed countries to developing countries, for example, has been discussed. The problem is the status of Korea. Korea's international environmental policy will be different by the distinction of responsibility for international environmental protection according to the status of developed and developing countries. International communities have never established a clear standard distinguishing developed from developing countries in any international laws. The WTO entrusts each country to decide whether it is a developing country or not. In the international environmental law, the status of a country is determined by the ability to negotiate. The status of Korea, thus, cannot be fixed in general international law. Rather, the Korean government is able to choose its own status strategically, It can be a policy choice to insist that Korea's developing country so as to reduce the burden of international responsibility. But, considering an economic indicator and environmental pollution indicator at which Korea ranks about 10th, the reality of Korea is much closer to a developed country. Positive policies such as development of environment-friendly technologies and products should be preferred to defensive assertion of developing country.

• Journal of Korean Society for Geospatial Information Science
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• v.20 no.2
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• pp.3-13
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• 2012

This study evaluated the feasibility of the location for PM-10 Monitoring Stations utilizing through GIS analysis. In addition, optimal sites were investigated to properly manage PM-10 which are closely related with public health. There are 11 PM-10 monitoring stations in Daegu area and the PM-10 data monitored at these stations are utilized to understand the overall status of PM-10 pollution. However, there are contrastive issues on the locations of current monitoring stations. Thus, this study prepared the map of PM-10 concentrations in Daegu area using IDW and Kriging techniques. Furthermore, average PM-10 concentrations were calculated using zonal statistical methods according to legal divisions and then, the current monitoring stations were evaluated whether their location is appropriate or not for PM-10 pollution distribution. It was found that, on the basis of yearly, seasonal and daily concentration analysis, the location of current PM-10 monitoring stations were not appropriate, particularly as they could not represent regional PM-10 pollution characteristics. In order to supplement this deficiency, seven sites(Namsandong, Namildong, Dongildong, Buksungro 1, Jongro 1, Hyangchondong and Haejeondong) commonly selected from each analytical step are suggested as additional PM-10 monitoring sites. It is further suggested that this kind of scientific evaluation for the location of PM-10 monitoring stations are needed in order to properly manage public heath in other cities as well as Daegu area.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.203-242
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• 2019

Since 2006, local governments in Korea have been providing premiums for social insurance, such as the National Health Insurance System, for the health care of local residents. The purpose of this study is to analyze the content of self-governing legislation that defines these policies. The method of conducting the research was based on the articles of the ordinance related to the 'public health insurance premium' of the self-governing statutes published on the website of the National Law Information Center. As of May 2019, 201 municipalities have enacted ordinances to support public health insurance premiums. In the case of state local governments, 8 out of 17 were found, and in the case of basic local governments, 193 out of 226. The constitution of the ordinance consisted of purpose, time of enactment, type of social insurance premium, object of social insurance premium, amount of social insurance premium support, method and process of social insurance premium support, time of social insurance premium support. This study analyzed contents of these articles. Finally, this study presented issues that could be controversial from the policy and legal viewpoints and suggestions for improvement.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.83-107
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• 2019

In order to resolve a dispute over a medical accident, the court is in the process of appraising the medical records for medical professionals to report their medical expertise or judgments using that knowledge. The consequences of expert opinion about a medical accident are only one of the methods of evidence as a reference. Therefore, in principle, the court should not be bound to the results, but the court, which is not a medical expert, can not completely rule out medical expert opinion as to whether there is medical malpractice and causality. Therefore, it can not be denied that the proportion of expert opinion of medical records in the dispute about medical accidents is high and it has an important influence on the judgement of the court. In this paper, we examine the significance and function of expert opinion of the medical accident, examine the appraising procedure of the medical records in the court and the appraising procedure of the medical accidents of the Korean medical dispute mediation arbitrator do. In addition, I would like to examine what kind of attitude is being taken in response to expert opinion of medical records in Korea to court, to examine the implications of the case of Japan as a foreign system, and to suggest improvement points in the expert opinion procedure of medical record filing in Korea. In particular, I would like to suggest improvements on issues such as the fairness of the expert opinion of medical records and the delays in litigation due to delays in the process of expert opinion.

• Information Systems Review
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• v.11 no.2
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• pp.147-167
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• 2009

As global climate changes, the interest in environmental crisis is increasing and a number of international agreements and regulations against this crisis are being established. Global information technology(IT) corporations are building their own pro-environmental green IT strategies to cope with the regulatory measures. Green IT broadly refers to pro-environmental technologies designed to replace hazardous materials, maximize energy effectivity, and find alternative energies. In the current stage of the IT industry development, Green IT specifically refers to the technologies that deal with the server heat generation and the energy reduction in data center. This study defines the concept of Green IT and reviews its origin and necessity. Then, it examines the issues regarding Green IT industry in Korea as well as other countries and compares the Green IT strategies developed in each country. Reviewing the recent development of IT and data center market enables us to see that overall Green IT strategies focus on the establishment of Green Internet Data Centers. Therefore, this study analyzes the cases in which some domestic and foreign corporations introduced Green Data Centers in order to examine the protocol and legal requirements for building Green IT, the aspects of environmental evaluation and design, and specific strategies for launching Green IT strategies and its future assignments. The conclusions of this study are as follows. First, to introduce Green Data Center as a strategy to build Green IT, the government and corporations should cooperate with each other. Partial introduction at the initial stage is desirable because, through the process, mutual trust between the two parties can be built more smoothly. Second, CEO's determination to build Green IT and continue its operation is indispensable. CEO's are required to have clear understanding as to why Green IT needs to be built and how it should be constructed. Those who initiate the construction of Green Data Center for Green IT need to know the definition and necessity of Green IT while at the same time understanding the implicit meanings of Green IT. They also need to be aware of future-oriented values of Green Data Center and readjust their corporate business activities in the pro-environmental direction. Finally, not only the CEOs' pro-environmental activities but also the change of mind on the part of all corporate employees is required to realize Green IT. It should be remembered that pro-environmental Green IT starts with minor activities.

• Fire Science and Engineering
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• v.34 no.1
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• pp.121-126
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• 2020

The aim of this study is to suggest ways to capitalize on the golden period for timely response to fire and emergency victims. To implement a system to effectively capitalize on the golden period, there is a need for policy measures as well as legal and social consensus. Precedent research has relentlessly mentioned the need for and feasibility of the priority traffic system for emergency vehicles. To this end, the present study involved an analysis of pilot cases of the priority traffic signal system for emergency vehicles introduced in a city during 26 days, from April 3 to 28, 2017. Out of 58 cases registered with the local 1-1-9 fire house, the number of cases that took advantage of the priority traffic system stood at 16 in response to fire and 11 to first-aid operations. Owing to the system, on average, the response time reduced by 3 min and 50 s in case of fire and by 3 min and 30 s for first aid. There were four complaints registered owing to traffic congestion, and the number of car accidents declined to one from six over the same period in the previous year. Based on these findings, it is safe to say that the priority traffic signal system would be effective for emergency vehicles to capitalize on the golden period if issues identified during the pilot run are resolved.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.221-254
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• 2015

The amendment of the Korea Civil Code will take place July 1, 2013. One of the most import issues related to adult guardianship system is a part. Though more than 100 new provisions, the revised Civil Code fundamentally reformed the guardianship system to establish a system to meet the diverse and complex needs of those who need a guardian and ensure due process. The new adult guardianship system intended to respect dignity and human right of mentally incapacitated adults, to guaranee their autunomy and to minimize the public interventions for assisting them. The new guardianship system for vulnerable adult has three kinds of legal guardianship system (adult guardianship, limited guardianship and specific guardianship). Mental patients forced the hospitalization of the mental health code and will be treated as an agreement incapable person. In principle an agreement incapable person has capacity of consent. The consent of the mental patients are admitted first. It is advisable to medical care only by the consent of the guardian when the the mental patient do not agree ability. If the mental patient do not agree with the mentally ill, but there should be a supervisory capacity for a guardianship of the couple guardian supervision. In conclusion, it not lost the capacity to consent to inpatient mental illness called. Therefore, we must discuss in detail the scope of the agreement for the mental patients. Mental Health Act amendments are necessary in accordance with the amended Civil Code.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.143-163
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• 2018

Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.3-20
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• 2018

Pharmacopunture is a new combined method of acupunture and oriental drugs. Recently, this method is widely used to treat traffic accident patients in oriental medicine. However, there is no evidences of treatment, no information of effects and side-effects of this method, and no information of drugs used. In South Korea, western medicine and oriental medicine are regulated differently. When a new technology is invented in the area of western medicine, that method should pass several stages of clinical trials. After that processes, that method can be done as a medical practice. However, in the area of oriental medicine, there is no process like that. According to in South Korea, medical practice without license are composed of two behaviors. First type is that medical practice is done by a person who has no medical license. Second type is that medical practice is done by a person who has a medical license but the area of the license is different. Because of this reason, the distinction between the western medical practices and the oriental medical practices is very important. Medical practices are protected by license mainly because they can harm human life or body. When we invented new medical practice and try to practice it to the patients, we should consider the risk of that method whether it is western medical practice or oriental medical practice. It is not clear that the pharmcopunture which has been done is satisfied the standard of medical treatment.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.199-235
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• 2017

A topic of particular interest for biotech researchers are handling of human tissue specimens that may be used for present, or stored for future, research purposes. This article examines the ethical and legal legitimacy of using human materials for research purposes with special attention to the issues of informed consent and confidentiality. The purpose of this paper is moral and for law legitimacy exploring of the utilization of the human material without donator's consent. It is a known fact that future medical care should be exchanged a paradigm by preventive health care through a human meterial research. The developed country have established a biobank for a human meterial research and supported a researcher. Korea is the same, too. When it is done a defect, as for the thing researcher derived from the Korean human meterial research. The written consent of the donator can keep a human meterial research origin thing, but cannot use it now. I will justify morally and for law that researcher can use the human material without written consent. We can change the concept of recycling of human material. It is not mean only burning that recycling of human materials for research.