• The Korean Society of Law and Medicine
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• v.21 no.3
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• pp.117-144
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• 2020

In accordance with Article 15 of the Medical Law, medical personnel in Korea cannot refuse treatment of a patient unless there is a justifiable reason, and violation of this obligations is subject to criminal penalties. Japan also stipulates the same content in the law. However, this violation of obligations in Japan is not subject to criminal penalties, and is used as a judgment element of the liability for damages of doctors only in the case of damage to the patient. However, in both countries, it is difficult to interpret and apply the law because the regulation is a little ambiguous. In particular, the key is to find out what is the justifiable reason for the doctor to refuse treatment of the patient. Recently, Japan has completed the work of re-examining the discussion on medical refusal from a modern perspective in terms of improving the excessive working environment of doctors. On the other hand, in Korea, it is not clear in what cases it is possible to refuse treatment. because there is a lack of systematic discussion on medical refusal. Rather, unnecessary misunderstandings and controversies have resulted in the loss of trust between patients and doctors. In Korea, there is already a legal right for a doctor to reject it according to his religious beliefs or conscience in the implementation of the suspension of life-sustaining treatment decisions. And in the case of an abortion, debates are underway that doctors should be given the right to refuse it. This study introduces the current state of discussion in Japan, and examines the issues surrounding medical refusal in Korea. It is hoped that this study will facilitate further discussions on the medical refusal.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.42 no.6
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• pp.879-885
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• 2022

Of increasing global popularity is the multi-dimensional use and development of cities to address land use and urban issues caused by high urban density and challenging topography. In Korea, the city of Busan has a large proportion of mountainous areas, and the Gyeongbu Line that runs through the city's center has been interrupting this urban area for over 117 years. Because a lack of usable land is hindering the development of the city, introducing a multi-dimensional approach to urban development is seen as important. Accordingly, the Gyeongbu Line underground project is attempting to solve the problem of disconnection of Busan's city center and increase the amount of usable land for varied multi-dimensional use. In this study, by conducting a preference survey among those who live near the underground project sites of the Gyeongbu Line stations in Busan, the planned use of each available land arearesulting from the multi-dimensional development of railroadsand railway stations was investigated. However, in order to further the results of the survey, legal and institutional support is needed. There are limits to the multi-dimensional use of land, such as the lack of interconnection between individual laws and the lack of specific guidelines for multi-dimensional development.

• Journal of the Korea Society of Computer and Information
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• v.27 no.5
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• pp.199-204
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• 2022

The purpose of this study is to broaden the understanding of the Security Services Industry Act, and also to examine the meanings of various phenomena by analyzing the media report big data rather than the researchers' perspective on the Security Services Industry Act. In the research method, this study searched for a keyword 「Security Services Industry Act」 that prescribes the security work as an important subject of crime prevention and maintenance of public order in Korea. The data was searched from 1990 to 2021 the BIG KINDS could provide. Also, for the concrete analysis during the period of data search, it was divided into settlement period(1976~2001), growth period-quantitative(2002~2012), and growth period-qualitative(2013~2021). In the results of this study, the media report perception of the Security Services Industry Act is continuously emphasizing the social roles and importance of private security according to the flow of time. The consequent marketability of private security will play great roles in the protection of people's lives and properties in the combination with various other industries in the future. However, the private security industry that provides public peace service together with the police, could be rising as an element that hinders the development of private security industry because of various social issues caused by legal regulations and illegal problems, so it would be necessary to more strengthen its responsibility and roles accordingly.

• Journal of the Korean Association of Geographic Information Studies
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• v.25 no.3
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• pp.59-73
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• 2022

Currently, the conflict between use and conservation of the ocean is intensifying in the ocean, so it is essential to introduce an effective method to define and manage it in advance for each core value of ocean. Accordingly, although the ocean is divided into nine marine use zone and managed through marine spatial planning, the analysis of the sea areas where mutually exclusive activities overlap in the ocean is insufficient. In this study, an automated model was developed to derive a sea areas where the core values of the ocean conflict. In order to analyze marine activities, available data on marine activity were collected, and data necessity for the analysis of mutually exclusive marine activities were derived. After classifying the derived data into legal and characteristic data, a conflict matrix was prepared through pairwise comparison between data to designate priorities when overlapping occurs. Based on the designated priorities, an automation model was developed, and sea areas where marine activities conflicted were derived, visualized, and area calculated. Using this, it is judged that the efficiency of decision-making can be improved by clearly deriving the sea areas where major issues occur in establishing the marine spatial planning.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.43-65
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• 2023

The healthcare industry is a digital healthcare that combines technology based on the 4th Industrial Revolution, dealing with information on individual health and medical care, and is a fusion of health care services and medical science and technology. It is questionable whether digital healthcare according to the paradigm change can be discussed by the concept of medical practice under the existing Medical Act. There is no clear definition of the concept of medical practice in the Medical Service Act, but the concept is established through precedents. In addition, under the Medical Service Act, the subject of medical practice is limited to medical personnel. However, digital healthcare sometimes diagnoses and treats diseases using digital technology by medical personnel. On the other hand, what is possible by non-medical personnel is digital healthcare. This is because digital healthcare is understood as a concept that includes health care such as exercise, eating habits, and weight control. For this reason, if the concept of medical practice under the "Medical Act" on digital healthcare is included, it is subject to criminal punishment for "unlicensed medical practice" prescribed in Article 27 of the "Medical Act". In the health and medical industry, digital transformation and convergence with information and communication technology are rapidly progressing. As a result, there is a need to newly define it as 'digitalized medical practice' or 'information and communication technology (ICT)-based medical practice' separately from existing medical practices. The concept of medical practice has variability, not a fixed and invariable concept. However, in response to this demand, it is not an infinite expansion of the concept of medical practice, but a request to reset its scope. Therefore, the concept of medical practice should be legislated by reflecting the demand of consumers for the medical service system.

• Journal of Korea Entertainment Industry Association
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• v.13 no.1
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• pp.11-24
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• 2019

In this article, potential problems in the exchanges and collaboration of South and North Korean performance programs were reviewed focusing on the articles related to performances in the North Korean copyright law. In the North Korean copyright law, there were significant differences from the ordinary rules in the international society or lack of the rules. They are the problems on the bases and principles of North Korean copyright law, unacceptance of copyrightable works against their political system, equal and mutual benefit on the copyright of the South Korean copyrightable works, neighboring copyright and economic right, unlimited protection for moral right, unpreparedness of right protection for online copyrightable works, and so on. On the other hand, the available performance programs to exchange mutually between South and North in the short run include national operas, dramas, musicals, festival events, and so on. However, legal and systematic improvement plans are required on the different copyright rules between South and North to facilitate the exchanges and cooperation. Externally, collaborations are required in the international copyright stage such as collaborative agreements on various international copyright usages, and we should consider the global entrance of performance programs that contain national sentiment and develop mutual trusts through these.

• Journal of the Korea institute for structural maintenance and inspection
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• v.27 no.3
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• pp.58-70
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• 2023

Based on the current state of safety management for small-scaled old buildings, this study identified problems and proposed improvement plans. The study investigated the current status of safety management based on relevant laws and government and financial portal data, as well as budget documents related to the targets of safety management, the organization responsible for safety management, and the budget required for organizational operation. As a result, the study revealed the problem of safety management blind spots for buildings that are not included in the legal safety inspection targets. It also identified difficulties in securing specialized personnel for the operation of local building safety centers and financial constraints for the operation of building safety special accounting. To address these issues, the study proposed measures such as expanding the scope of safety inspection targets for small-scaled old buildings to reduce safety management blind spots, improving compensation regulations for specialized personnel, setting a minimum ratio for enforcement fines to secure financial resources, and gradually adjusting building permit fees. The study aimed to contribute to improving the efficiency of safety management for small-scaled old buildings based on these proposed measures.

• Korean Association of Arts Management
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• no.51
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• pp.191-219
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• 2019

Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.7 no.3
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• pp.31-41
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• 2017

Through the evolutionary process of the North Korean defector support policies, this research investigates the background behind the formation of non-profit organizations for the North Korean defectors and to identify and understand the problem through their characteristics and functions. Starting from 1990, with an increase in the North Korean Defectors' population as well as the introduction of multicultural society, various environmental factors, such as the domestic socio-environmental changes, resulted an increase in number of private organizations. However, not to mention the size and functions of the organizations, some do not even have required legal organizational structures in place. Their business activities, in some cases, are irrelevant to the original purpose and objectives. Moreover, the fact that 83% of the North Korean Defectors Organizations are based in Seoul while 25.5% of the North Korean Defector residing in Seoul, inevitably make the reputation of the organizations to be illegal and dishonest due to the excessive level of competitions among the similar types of organizations. In reality, the organizations show lack of growth in the areas such as securing necessary employments to the Defectors or providing educations to the youth, who will eventually become the future leaders, in building the awareness capacity toward the unification. These results show that, in conducting their activities, the organizations must be aware of the rights and responsibilities as the constituents of the society, plus the government's practical efforts in improving these issues are also necessary.

• Journal of Korea Trade
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• v.27 no.2
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• pp.115-129
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• 2023

Purpose - This study empirically analyzes the consumer value of risk management associated with illegal, unreported, and unregulated (IUU) fishing of fishery products imported to Korea. The global regulatory paradigm for IUU fishing has shifted from production-centered to market-centered. As a result, changes in the international fisheries trade environment emphasizing "transparency" and "legality" of the production process are accelerating. Therefore, changes in the management systems of fishery products entering the country are also needed. Accordingly, this study estimated the consumer value for risk management of IUU fishing, targeting major fish species imported to Korea, and derived the feasibility of introducing related policies. Design/methodology - This study used the choice experiment as an analysis model to estimate consumers' willingness to pay for the "possibility to check for IUU fishing." The choice experiment assumes that the value of a good or service is composed of separable attributes and that the sum of the part-worth of these individual attributes becomes the total value. In this study, respondents were presented with profiles comprising three attributes (country of origin, price, and possibility of checking IUU fishing) and the levels of frozen poulp squid, the subject of the analysis. The participants were asked to select their preferred profile. The marginal willingness to pay for each attribute was derived from the results of the respondents' choices using conditional logit model estimates. Findings - There is a marked difference in utility based on the preference of the country of origin of fishery products among consumers. In addition, the utility of fishery products that have undergone IUU fishing verification was observed to be higher, with the utility marked to be higher for lower prices. Originality/value - Estimating the policy value of the risk management in IUU fishing of imported fisheries products in this study is a novel attempt that has never been conducted before. Several studies have been conducted to assess the risk of IUU fishing associated with the import of fishery products internationally. However, such studies are yet to be conducted in Korea. Instead, policies and studies have focused on issues related to complying with trading partners' legal and transparent standards for exporting fishery products. This study should be the beginning of more in-depth empirical and theoretical explorations to establish order in the domestic seafood market and respond to changes in international regulations on IUU fishing.