• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.319-382
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• 2008

As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

• Journal of The Korea Institute of Healthcare Architecture
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• v.18 no.4
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• pp.89-97
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• 2012

Demands for sports activities for the disabled are continuously increasing. Although sports centers where the disabled available are compartmentalized into the disabled sports centers and the public sports facilities, in fact, sports activities for the disabled in the public facilities had limits. Therefore, this study draw current states, features and issue related spaces and programs of the public sports centers in order to seek ways to activate sports activities for the disabled. The results of the study as follows. Firstly, setting up the legal regulation about the disabled sports centers. Secondly, improvement the facilities considered the disabled's characteristic. Thirdly, installation of a shower stall and a locker room for various users. Fourthly, positive application of the outdoor space connected with a swimming pool. Fifthly, laying detailed regulation of sports centers for the disabled. In conclusion, the study on architectural model which related with spaces and programs of the sports center for all people is needed to move forward.

• Journal of Arbitration Studies
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• v.25 no.3
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• pp.3-31
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• 2015

This paper sets out a multi-dimensional approach that parties drafting a "hybrid clause" for their arbitration agreement can adopt, for purposes of maximizing enforceability, taking into account the multi-jurisdictional interplay between the seat Court, the governing law and the enforcement Court(s), as well as mandatory rules that can be present in the lex arbitrii, the governing law, and/or the law of the enforcement for a. This paper draws on both the co-authors' practice experience, as well as first principles of party autonomy in light of mandatory rules, based predominantly on the scholarship of Briggs and Nygh.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.143-172
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• 2006

This study focuses on the risk management of "Digital Goods" appeared with the progress of information technology(IT) in international transaction. As a result of that digital goods have a lot of uncertainty between the general goods or service which have been deal with object of international transaction broadly because digital goods hold uniqueness. In this study, the author give a definition of "Digital Goods" and make an examination of uniqueness of that in international transaction. Next, six risks are defined base on risk theory and risk analysis matrix applying risk mapping model is made. Conclusionally, risk transfer as insurance is adequate to manage business risk, security risk, credit risk and legal risk. Meanwhile, risk avoidance is adequate to manage reputation risk and market risk. But, this study have following three limits. Firstly, concerning definition of the risk, real case is not applied owing to lack of transaction data. Secondly, measuring of the risk is not based on absolute data but relative data. Lastly, suggesting way of risk management is not concrete and practical to international trader of digital goods.

• Journal of the Korean Institute of Educational Facilities
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• v.6 no.1
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• pp.5-20
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• 1999

With the advent of internet, the modern society is enjoying the benefits of the information age. As one of undesirable side effects of utilization of internet, however, it is often mentioned that young students are helplessly exposed to inappropriate and unqualified information. Therefore, in this paper, we will clarify the nature of inappropriate information to the younger generation and will argue for the needs of protecting the youth from inappropriate information. Especially the merits and limits of often motioned five different protective and regulatory measures are presented and analyzed, those are, establishment of acceptable use policy, active utilization of supervisory organization, promotion of Internet rating system, installation of filtering software, and legal and regulatory protection. As a fundamental means of resolving the problems, however, enforcement of systematic information literacy education, promotion of active utilization of sound information, development of search engines for the youth, design of diverse filtering softwares which can be selected by users, and increased attention by parents and teachers are suggested.

• International Journal of Computer Science & Network Security
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• v.21 no.7
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• pp.103-107
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• 2021

The article analyzes the theoretical aspects of the relationship between the right to medical secrecy and the employer's right to receive information on the employee's state of health, resulting in a more complete description of the implementation of the right to medical secrecy and the employer's right to information on the employee's health state and the possibilities of protecting violated rights. The limits of permissible restrictions on the right to secrecy of health in terms of ensuring the person's performance of their job function have been clarified.

• Ocean and Polar Research
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• v.44 no.2
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• pp.147-160
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• 2022

SRFC (Sub-Regional Fisheries Commission) requested to the ITLOS (International Tribunal for the Law of the Sea) an advisory opinion relating to the IUU (Illegl, Unreported, and Unregulated) fishing (Case No-21 of the ITLOS). Since, in the UNCLOS, there is no article authorizing the jurisdiction of the ITLOS full court's Advisory opinion, so various scholarly opinion wad divided. But ITLOS delivered its Advisory opinion confirming its jurisdictional competence over the Advisory proceedings with its legal opinion about the IUU issues. It opens new possibility of the alternative dispute settlement mechanism of the ITLOS through the advisory procedures. In reality, there has been a view that ICJ (International Court of Justice) could take the part of a kind of dispute settlement through its Advisory procedures. But the advisory procedures of the ITLOS, with no definite clause in UNCLOS about the advisory procedures, which provides more allowances for the function of advisory opinion as the alternative dispute settlement mechanism. ITLOS accepted the requests of the advisory opinion by the State parties through international organization or themselves directly. And the advisory opinion of the ITLOS aims the interpretation and application into the special issues-specially IUU fishing in Case No. 21 of the ITLOS-. Those factors could enable more enhanced role of the ITLOS as an alternative dispute settlement mechanism. But those possibility has contain risk of excessive and unlimited advisory role of the ITLOS. So it is important to focus on the restriction on the role of the State parties in the request of the advisory opinion to the ITLOS. In this regard it is meaningful that the ITLOS has suggested a kind of legal standing in the advisory procedures in that only coastal States could request the Advisory opinion about the IUU in their EEZ. Furthermore the discretionary power of the ITLOS in the Article 138 of the Rules of the Tribunal could curtail the abuse of the Advisory opinion initiated by the States parties of the UNCLOS. Under this framework, Advisory opinion could broaden more alternative option to the disputes between State parties of the UNCLOS in that after being delivered detailed interpretation of the UNCLOS about the specific issues, States parties could devote themselves to searching for flexible solution for the disputes between State parties. It could obtain legal explanation about the dispute under the Article 297 and Article 298 by detouring the jurisdiction limits through advisory procedures.

• Cartoon and Animation Studies
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• s.16
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• pp.67-78
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• 2009

To celebrate the Centennial Anniversary of korean comics, the various and meaningful programs are organized. But then, it is apprehended that these programs don't deal with the present and urgent problems. In particular, in the fast-changing media environment, in the changing of promotion-organizations, it's very important that the recherche on relevant laws and institutes around comics to defend and to explore an ecosystem of the comics culture and the comics industry. This study insist to point out the limits of Cultural industry-related laws and Cultural promotion-organizations at present for the concrete policy of comics culture and comics industry. Treating and analysing specially 'Culture Industry Promotion Basic Law', 'Publication Promotion Law' and 'Legal Deposit', this article suggest to enact Comics Promotional Law to aide the filed of korea comics.

• The Journal of Fisheries Business Administration
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• v.34 no.1
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• pp.69-85
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• 2003

The primary objective of this thesis is to study, case by case, the international disputes for fishing rights between fishing nations and costal states never imagined till the introduction of the UN Convention on the Law of the Sea adopted in 1982 and came into effect in November 16, 1994, which governs the high seas and EEZ in a new manner. Such a study is to provide help in the understanding on this new marine system and how to deal with. This is addressed by the perspectives of disputes (a) in the high seas between fishing nations having traditionally enjoyed the principle of the freedom of the high seas and costal states, (b) in the EEZ between fishing nations and costal states possessing the exclusive jurisdiction over living marine resources and sovereign rights for determining allowable catch and the surplus in its EEZ. The article can be divided into four main parts. First, both the general principles of the settlement of international disputes, and the nature and procedures described in the UNCLOS are introduced. Second, it gives cases of tuna long-liner, North Pacific trawler and squid jigger occurred in the coastal states EEZ, and analyses the problem in both terms of its background and final judgment. It further describes the possible issues in case it depends on the International Tribunal for the Law of the Sea for its settlement. Third, closely tied to above, important points such as the right of hot pursuit, prompt release of vessel and crew, and the limits of cooperation with costal states inspector on board fishing vessels are considered mostly based on the UNCLOS, Bilateral Agreement and UNIA. Finally, the article concludes as follows ; The need for broad analyses on the nature of international suits and legal system for the settlement, to win the case before the International Tribunal for the Law of the Sea or coastal states court, is really acknowledged. However, considering the lack of previous studies about it, it is preferably recommended that governmental efforts for making legal standards to cover the judicial costs, for helping industry out of becoming bankrupt.

• Korean Journal of Fisheries and Aquatic Sciences
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• v.37 no.4
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• pp.337-344
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• 2004

A real-time surveillance system of the inshore fishing ground was constructed to identify and detect discrete targets, such as illegal fishing vessels. This paper describes measurements made with a combination of sensors, such as radar, CCTV camera, and GPS receivers, for monitoring the fishing activity of small vessels within the fishing limit zones of the inshore waters. The CCTV camera system was used to confirm detection and to classify the type of target. The location of legal vessels distributed in coastal waters was acquired from each GPS system of ships connected to commercial satellite communication network. The surveillance system was networked via LAN to one host PC with the use of electronic navigational charts (ENC) and a radar link. Radar Target Extractor (RTX) for radar signal processing can be remotely accessed and controlled on existing PC via the internet, from anywhere, at any time. Results are presented that demonstrate the effectiveness of the newly constructed fisheries monitoring system for conducting continuous surveillance of illegal fishing vessels in the inshore fishing ground. The identification of illegal fishing vessels was achieved by comparing radar positions of illegal fishing vessels exceeding the warning limits in the surveillance area with GPS position reports transmitted from legal fishing vessels, and the illegal fishing vessels were marked with red symbols on the ENC screen of a PC. The methods to track the activities of all vessels intruding or leaving the fishing limit zones also were discussed.