• Journal of Radiation Protection and Research
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• v.49 no.1
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• pp.40-49
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• 2024

Background: This study aimed to prioritize policy measures to improve radiation safety management in medical institutions using the analytic hierarchy process. Materials and Methods: It adopted three policy options-engineering, education, and enforcement-to categorize safety management measures, the so-called Harvey's 3Es. Then, the radiation safety management measures obtained from the current system and other studies were organized into action plan categories. Using the derived model, this study surveyed 33 stakeholders of radiation safety management in medical institutions and analyzed the importance of each measure. Results and Discussion: As a result, these stakeholders generally identified enforcement as the most important factor for improving the safety management system. The study also found that radiation safety officers and medical physicists perceived different measures as important, indicating clear differences in opinions among stakeholders, especially in improving quality assurance in radiation therapy. Hence, the process of coordination and consensus is likely to be critical in improving the radiation safety management system. Conclusion: Stakeholders in the medical field consider enforcement as the most critical factor in improving their safety management systems. Specifically, the most crucial among the six specific action plans was the "reinforcement of the organization and workforce for safety management," with a relative importance of 25.7%.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.85-124
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• 2016

The Human gene testing act (GenDG) in Germany starts from the characteristic features of gene testing, i.e. dualisting structure consisted of anlaysis on the one side and the interpretation on the other side. The linguistic distincion of 'testing', 'anlaysis' and 'judgment' in the act is a fine example. Another important basis of the regulation is the ideological purpose of the law, that is information autonomy. The normative texts as such and the founding principle are the basis of the classification of testing types. Especially in the case of gene testing for medical purpose is classified into testing for diagnostic purpose and predictive purpose. However, those two types are not always clearly differentiated because the predictive value of testing is common in both types. In the legal regulation of gene testing it is therefore important to manage the uncertainty and subjectivity which are inherent in the gene-analysis and the judgment. In GenDG the system ensuring the quality of analysis is set up and GEKO(Commity for gene tisting) based on the section 23 of GenDG concretes the criterium of validity through guidelines. It is also very important in the case of gene testing for medical purpose to set up the system for ensurement of procedural rationality of the interpretation. The interpretation of the results of analysis has a wide spectrum because of the consistent development of technology on the one side and different understandings of different subjects who performs gene testings. Therefore the process should include the communication process for patients in oder that he or she could understand the meaning of gene testing and make plans of life. In GenDG the process of genetic counselling and GEKO concretes the regulation very precisely. The regulation as such in GenDG seems to be very suggestive to Korean legal polic concerning the gene testing.

• Journal of Legislation Research
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• no.41
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• pp.43-85
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• 2011

Child and youth welfare law in Korea is vague and complex. In a narrow sense it means the research on the provisions of the Child Welfare Act. In a broad sense it embraces all of the social welfare system regarding to the protection for children and youth. Regardless of the scope of child and youth welfare law it should be cleared what the term of child and youth means in Korean legal regulation. Historically, child protection in Korea was based on the good intentions of individuals to protect war orphan children from poverty or danger after the end of the Korean War. It is the story of the evolving status of children from being viewed as dependant of the parents to becoming rights-based citizens, even not in Constitution. In Korea neither parents nor children have constitutionally recognized right. According to Korean Constitution the parents have only the obligation to educate their children. And the state ist obliged to improve the welfare of the youth(section 34). In compliance with this article there are lots of statutes regulating youth welfare. This article reviews the legal definition of child and youth to test the uncertain definition of child and youth welfare in relation to the treatment of children's and youth's legal status in Korea. According to the Child Welfare Act child is the person under age of 18, while the legal definition of youth oscillates between the person under the age of 19 and the person over the age 9 to the age of 23. As a result child welfare is often used as the synonym of youth welfare, and vice versa. The lack of the arrangement of the legal definition of child and youth is based on the historical reasons that the legal definitions of youth (under the age of 19 or over the age 9 to the age of 23) newly appeared in the statutes regulating youth welfare, whereas the Child Welfare Act still maintained the definition of child under the age of 18. In order to get rid of the confusion of the definition of the child and youth, a part of certain statues should combine with another Act according to the purpose of the individual amended statutes. And the definition of child and youth should be subdivided into 3 or 4 classes, namely infant(0-6), child(7-13), youth(14-18) and young adult(19-26). Furthermore this article proposes a reform of the existing legal system pursuant to the nature of the law, i.g. whether the issued or amended Act takes on a selective(residual) or universal character.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.30 no.2
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• pp.287-304
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• 2020

There have been a number of legal & policy studies on the affecting factors of big data utilization, but empirical research on the composition factors of personal information regulation or data combination, which acts as a constraint, has been hardly done due to the lack of relevant statistics. Therefore, this study empirically explores the priority of personal information regulation factors and data combination factors that influence big data utilization through Delphi Analysis. As a result of Delphi analysis, personal information regulation factors include in order of the introduction of pseudonymous information, evidence clarity of personal information de-identification, clarity of data combination regulation, clarity of personal information definition, ease of personal information consent, integration of personal information supervisory authority, consistency among personal information protection acts, adequacy punishment intensity in case of violation of law, and proper penalty level when comparing EU GDPR. Next, data combination factors were examined in order of de-identification of data combination, standardization of combined data, responsibility of data combination, type of data combination institute, data combination experience, and technical value of data combination. These findings provide implications for which policy tasks should be prioritized when designing personal information regulations and data combination policies to utilize big data.

• Journal of Information Management
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• v.38 no.4
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• pp.48-67
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• 2007

The economic burden which our society has to take exceeds the benefit that it becomes by the free circulation of information. Problems such as inconvenience or inequality between people can also occur since the regulation task of spam e-mail or SMS is imposed on two organs; the Department of Information and Communication and Free Trade Commission. The dualization of regulation separates related laws, which makes exception according to the $\ulcorner$Law on Information Communication Usage and Information Protection$\lrcorner$ or poses double regulation toward the same case. The spam prevention activity at free hands of information communication network provider such as portal site or mobile communication has many limitations along with comparison and analysis of spam regulations abroad. Therefore, examinations on legal obligation such as service restriction, identification and technical measure to spam prevention is needed. This study focuses on making the scope of spam regulation clear by considering the domestic related laws and the general environment of industry, on enacting law which regulates spam including advertisement and on deducting essential facts in enacting or modifying related laws and thus, deducting the form and contents of spam regulation law which is most decent in our domestic environment.

• Journal of Environmental Impact Assessment
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• v.26 no.4
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• pp.257-271
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• 2017

In Korea, soil is being transported in and taken out for the purpose of national land development, but the soil is being moved without consideration of soil contamination. Therefore, this is a policy-focused study of the management system on soil moving. In this study, we analyzed current state of domestic and foreign management and suggested three alternatives for management of soil moving in 1) self-regulation, 2) obligatory regulation, 3) phase-in according to types of regulation. In order to establish a clear and reasonable management system for soil movement in the future, it is necessary to improve the legal and institutional limitations of the current soil environmental law as suggested by this study.

• The Journal of the Korea Contents Association
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• v.8 no.4
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• pp.164-172
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• 2008

For a long time, the basis of Korea Broadcasting law and regulation system has been center around television, This is not much different from other countries. This study is based on research of Korea Broadcasting law and regulation system. It precludes all doubts that freedom of broadcasting is one of those fundamental human rights that constitute the comer stones of democracy, just as is the case with the press. The objective of this study is to explore the practical meaning and the structure of regulations on the freedom of broadcasting under the Constitutional of the Republic of Korea, From the viewpoint of freedom of expression. For these purposes, this study inqures into the meaning and legal characters of freedom of Korean Constitutional Law, and the structure restricting freedom of broadcasting on the ground of functions and role of broadcasting in our contemporary society, comparing with those of the Unites states of America and the Federal Republic of Germany.

• Journal of Digital Convergence
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• v.18 no.5
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• pp.17-23
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• 2020

With the advancement of AI technology, legal status and regulation issues for AI robots, and the necessity of a robot registration system are emerging. Since the shape and activity area of AI robots will no longer be limited to hardware in one country, the definition and regulation of AI robots should be expanded to a comprehensive concept including software, and information about them should be securely managed and shared by governments around the world. From this perspective, we extend 'AI robot' to the concept of Juridical AI encompassing hardware and software, and propose a method to operate the Juridical AI registration system using a permissioned blockchain called Juridical AI Chain. Since blockchain is an internationally distributed database, operating such AI registration system based on the blockchain will be a way to effectively cope with the global problems caused by the commercialization of AI robots.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.30 no.2
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• pp.99-108
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• 2020

Objectives: This study aimed to compare the regulatory systems for laboratory safety and health management between Korea and Germany and discuss the implications. Methods: Laboratory safety and health regulations for legal enforcement and relevant technical guidelines in Korea and Germany were reviewed. Results: Lab safety and health management is enforced by the Act on the Establishment of Safe Laboratory Environment in Korea. Most provisions focus on supervisory control, that is, the principal's liability is emphasized. In addition, there is a lack of laboratory-specific procedures for safety and health management in the act since it is stipulated that other relevant regulations apply to some technical contents. Non-compulsory technical guidelines for lab safety and health management are also provided by the Korea Occupational Safety and Health Agency (KOSHA) in order to enable researchers to follow safe procedures. There is no independent regulation for lab safety and health in Germany, and it is also governed by several regulations. The German Social Accident Insurance Institute provides technical guidelines on lab safety and health, and these contain more specific content to allow them to be followed more easily compared to the KOSHA guidelines. The most remarkable differences between the regulation of each country were contents of the risk assessment and specific protect measures from hazardous agents. Conclusions: Regulatory control is an essential way to prevent accidents, but it is more important to create an environment in which all stakeholders, including individual lab members, are allowed to participate actively in safety and health management activities.

• Journal of Society of Preventive Korean Medicine
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• v.18 no.3
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• pp.105-115
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• 2014

Objective : Traditional medicine (TM) has been playing its role in national healthcare system and it is taken as complementary and alternative medicine (CAM) from the viewpoint of modern Western medicine. In the UK, not a few practitioners of Traditional Chinese Medicine (TCM) are working as CAM practitioners using herbal medicine and acupuncture therapy. Cases of dispute in the TCM practice are not rare these days because patients who take TCM service are increasing by year. Method : In the UK, dispute cases of the Traditional Medicine of East Asia can be found these days, however, it is hard to find a reported court case. A medical dispute case of TCM will be analysed to see the legal management and the resolving principle in the alternative medicine practice with some cases of Korean Medicine (KM) being discussed. Results : The usual pattern of clinical negligence can be discussed from the points of a duty of care, breach of that duty by negligence, and the harm to the patient from that breach of duty. The judge followed this procedure In this case to discuss the claims. The department of health proposed to introduce regulation to provide the reasonable quality in TCM practice, and the governmental system would be essential to regulate both the TCM practice and practitioners. Conclusion : The dispute case of traditional Chinese herbal medicine (TCHM) practice is important for the clinical negligence in TCHM practice. Judging the negligence of a TCHM practitioner involves the conventional negligence principle in tort law, and the TCHM practitioners are required to keep up with the up-to-date information on the related medical specialty. The reasoning is almost the same as that shown in the court case of Korea. The TCHM practice in the UK needs to be under the regulation by the government. The standard of care we expect of a TCHM practitioner is a further matter to discuss from the healthcare and social viewpoints.