• The Korean Society of Law and Medicine
• /
• v.11 no.2
• /
• pp.337-361
• /
• 2010

In the case of Korea, both of modern medicine and oriental medicine are admitted as medical practices in the system. In other words, healthcare system is dualized. However, medical practice that corresponds to oriental medicine in Korea is substitution of medical practice in cases of foreign countries. For use of medical devices, it is provided only for doctors and medical technician relevant to use. Particularly, although oriental medicine is recognized as orthodox medicine in terms of the features of Korean medical system, superintendency of oriental doctors is not identical with that of doctors for use of medical devices and superintendency toward medical technicians. Recently, Cheongju District Court decided that superintendency of oriental doctor upon physical therapist is not acknowledged. It can be said that the judgement is opposed to the original verdict which judged that oriental doctors' employment and guidance of oriental doctors upon physical therapist is permissible. Hence this study aimed to review on domestic medical law system, which is dualized, roles of medical professionals, intent of the medical license system, provisions related to medical technician law and relevant precedents. Regulations on practices other than licensed practices by medical professionals are made because medical practices may affect on danger toward life and body of human and public health also. Therefore, the nation regulates medical professionals having licenses to perform medical practices within the range of the licenses. It is clearly prescribed that medical technicians may perform medical practices under instructions of doctors or dentists pursuant to the medical technician law. In addition, the court also judges that it is out of the license of oriental doctors if they use CT devices and limits the use of modern medical devices by oriental doctors. That is to say that it limits oriental doctors' employment of medical technicians and pursuant of oriental doctors on medical technicians as well.

• Fisheries and Aquatic Sciences
• /
• v.16 no.3
• /
• pp.159-164
• /
• 2013

The mouse bioassay and high performance liquid chromatography (HPLC) post-column oxidation method are different methods of quantifying paralytic shellfish poisoning toxins. In this study, we compared their ability to accurately quantify the toxicity levels in two types of field sample (oysters and mussels) with different toxin profiles for routine regulatory monitoring. A total of 72 samples were analyzed by both methods, 44 of which gave negative results, with readings under the limit of detection of the mouse bioassay ($40{\mu}g/100g$ saxitoxin [STX] eq). In 14 oysters, the major toxin components were gonyautoxin (GTX) 1, -2, -3, -4, -5, decarbamoylgonyautoxin-2 (dcGTX2), and decarbamoylsaxitoxin (dcSTX), while 14 mussels tested positive for dcSTX, GTX2, -3, -4, -5, dcGTX2, neosaxitoxin (NEO), STX, and dcSTX. When the results obtained by both methods were compared in two matrices, a better correlation ($r^2=0.9478$) was obtained for mussels than for oysters ($r^2=0.8244$). Additional studies are therefore needed in oysters to investigate the differences in the results obtained by both methods. Importantly, some samples with toxin levels around the legal limit gave inconsistent results using HPLC-based techniques, which could have a strong economic impact due to enforced harvest area closure. It should therefore be determined if all paralytic shellfish poisoning toxins can be quantified accurately by HPLC, and if the uncertainties of the method lead to doubts regarding regulatory limits.

• Journal of the Korean Society for Aviation and Aeronautics
• /
• v.15 no.1
• /
• pp.38-53
• /
• 2007

In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

• The Korean Society of Law and Medicine
• /
• v.13 no.2
• /
• pp.179-214
• /
• 2012

There are two opinions on the legal characteristics of damages for non-pecuniary loss, a private sanctions theory and complementary function of damages for non-pecuniary loss, briefly. There is a close connection between the legal characteristics and the function of damages for non-pecuniary loss. The functions of damages for non-pecuniary loss are consist of satisfaction, prevention( sanctions) and complementation. Several cases of medical injury relief reported to Korea Comsumer Agency are categorized as follows, 1) cases of death after having an operation, 2) diagnosed with disability after a medical accident, 3) extended damages happening related to delayed diagnosis, 4) et cetera(a plastic surgery, a treatment with oriental medicine), and the damages for non-pecuniary loss in respect to each cases are examined. In the case of occurring death or disability, Korea Comsumer Agency has set up guidelines for assessment of damages for non-pecuniary loss by classifying into major and collateral violation for a duty of care. Furthermore, the damages for non-pecuniary loss in the case of all sorts of cancers, are assessed in accordance with the degree of responsibility subsequent to dividing cancer into good and poor prognosis. When it comes to a complementary function of damages for non-pecuniary loss in the actual work, it is hard to assess the damages as it is difficult to objectify non-pecuniary loss, such as emotional distress. Though compensation for damages is major legal characteristics of consolation money, preventing a damage(private sanctions) through consolation for a victim or sanctions against an assailant also has great significance. Therefore, it is necessary to approach flexibly for mutual agreement by considering specialty( concrete facts) of individual issue thoroughly. If considering this aging society that limits the possible age for work to 60 years old, it is needed to have a complementary function of consolation money in mind not to make it less meaningful for victims due to small sum of consolation money.

• Journal of Legislation Research
• /
• no.41
• /
• pp.7-42
• /
• 2011

The social welfare law concerning the children, the elderly and the disabled has been sufficiently in the center of the discussion in the academic as well as practical arena. One can find however rarely academic proposals about the way of understanding, spheres affiliated with this legal system, and systematic characteristics. So these problems stay now vague. This article aims to approach to these points of issue. First, it tries to reveal the physical, psychological and psychic characteristics of these group of people. These situation are not to be effectively protected by norms and measures provided by other instruments of social security, i.e. social insurances and social assistances. Second, based upon these functional limits inherent to these instruments of social security the own system of the social welfare law is explored in this article. The discussing points are as follows; 1. the concept of social welfare law, 2. as core principles; realization of the personality and freedom based upon self-determination right, universalism and equality. 3. rearrangements of the legal provisions to bring harmony with the legal purpose and function of social welfare law. Finally, it is pointed that the evaluation of the relevant legislation is essential, since in this area the difference between the norm purpose and the reality could be immense.

• Journal of the Korean association of regional geographers
• /
• v.21 no.3
• /
• pp.461-473
• /
• 2015

The aim of this paper is to explore limits to the institutional formation and operation for network city as a case study of Daegu-Gyeongbuk Free Economic Zone (DGFEZ) in the introductory context. The legal and institutional framework of FEZ in Korea can be characterized by multi-dimensional, vertical or horizontal governance. However, in terms of its implementation process of DGFEZ, the density of the public-private network becomes relatively week, and consequently, the level of participation by local people was not institutionalized in a more collaborative way. With respect to the network city for DGFEZ, while at the initial stage its plan was highly focused upon the conceptual framework of the city, the process of its implementation was based upon a polarization strategy of individual unit and a performance-oriented type. Other evidence for it is that administrative organization in DGFEZ changed from development-based throughout investment attraction-focused up to region-based department. Therefore, there are limits to the institutional formation and operation for the network city in the context of DGFEZ.

• Proceedings of the Korea Contents Association Conference
• /
• 2006.11a
• /
• pp.434-437
• /
• 2006

Today, Hospital Information System that integrates ubiquitous technologies are introduced in limited basis due to problems like standardization and limits on medical use, where responsibilities lie, legal safeguard on transmission, invasion of privacy etc. Particularly, problems like absence of tag design suitable for medical environment, compatibility issue with previous medical information system. In order to solve such problems, we have designed medical tags for the first time that are consistent with future ubiquitous environment by deciding on medically suitable field with 96bit tag offered by EFC as its base. Second, improving on previous multi-tag recognizing crash prevention algorithm, we have designed a priority anti-collision algorithm that reflects priorities on the needs in medical environment.

• The Korean Journal of Air & Space Law and Policy
• /
• v.12
• /
• pp.36-65
• /
• 2000

The Montreal Convention markedly changed the rules governing the international carriage by air of passenger, baggage and cargo. The introduction of a considerable number of modernized major elements including electric ticketing system, the unlimited passenger liability regime and a supplementary (fifth) jurisdiction should help to remove aged scheme that now exists in the Warsaw Convention and other related instruments. The key issue of the electric ticketing system recognized by the Convention IS how to describe reasonably and adequately the terms of written notices, in the light of the principle of consumer protection. Regarding liability regime for passengers, an unlimited passenger liability regime is realized. The carrier, in the first tier, is subject to a strict liability regime of up to 100,000 SDRs, and in the second tire, a regime of presumed fault liability without numerical liability limits. To add to the present four fora, the fifth forum is permitted. Regarding damage resulting the death or injury of a passenger, an action for damages may also be brought in its home territory with the considerably qualified narrow requirements. A strange deviation from the well-established "Procedure for Approval of Draft Convention" carried out by the Legal Committee left a considerable number of unrefined and incomplete passages. In the near future, their modification should be required.

• Journal of Korean Physical Therapy Science
• /
• v.2 no.3
• /
• pp.691-705
• /
• 1995

Most of the Medical Junior Colleges faced new environmental changes: School years of some Health-related departments were extended from two-year program to three-year ones; The total high school graduates willing to apply to the colleges will fall short of the legal number limits of this country; Govorment's educational opening policies enables competitive foreign schools to land in our country more easily. In order to survive under these turbulant circumstances, any junior college has to cultivate it's own competitiveness establishing strategies and utilizing resources very efficiently. Some of the major points extracted from three-year junior college professors' opinions against the environmental changes are as follows, 1. Environmental changes should be fully appreciated. And junior colleges have to make haste to establish strategies placing priorities on specific fields which are their own strengths compared to others. 2. The crieria of provisions of miminstry of Education on the facilities and equipments should be enhanced. 3. The practical way to use available resources effectively is to make the best of human resources. 4. It is time to consider consolidating akin departments to one. 5. The school year of the health-related departments should be extended to four years to meet the contemporary needs in the medical fields.

• Journal of Environmental Impact Assessment
• /
• v.18 no.3
• /
• pp.161-170
• /
• 2009

As urban growth continues, the earth ecosystem is increasingly dependent on the patterns of urban growth. The impact intensity from urban growth is expected to change predictably with distance from the urban center. However we can't fully understand yet how urban development pattern affects urban ecosystem. In researches about urban ecosystem, it is important to relate the spatial pattern of urbanization to ecological processes. So we used gradient analysis with time data; 1980's, 1990's and 2000's. We attempted to quantify the urban spatiotemporal impacts in Daejeon-city and Cheonan-city, Korea, along a 75km long and 3km wide transect. Through the results, we found the impacts range of urbanization with urban development process of two cities. When the urban growth was concentrated on in both cities, the impacts intensity and range were much stronger and wider. As a result, in urban planning or green space planning, we have to consider suitable urban development forms with surrounding areas, and make legal clauses which limits landuse change. This quantifying the urban gradient is an important step in understanding urban ecology.