• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.11-74
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• 2010

This article analyzes legal meaning and definition of medical practice examining Korean Supreme Court cases. Until now, there is no right answer about the meaning of medical practice and it is also hard to define of it. Moreover, not only Acts and regulations containing medical practice but also many cases ruling a person who practice medicine, the concept of medical practice involves various meanings. So, it has caused confusion. In order to solve this problem, this article divides the medical practice's meaning into range and nature within prohibition article of the Medical Act about unlicensed personnel who practice medicine. After providing a explanation of the meaning of medical practice according to amendment of the Act, this article disputes the meanings of the several cases following the amendment. And then analyzing non-medical person's unlicensed medical practice and medical person's unlicensed medical practice. In order to provide more accurate legal concept of medical practice when Korean government amends the Medical Act or making policies in this field, this classifying analysis approach should be needed. Looking at the result, in general, Korean Supreme Court has interpreted unlicensed prohibition clause of the Medical Act widely; not only non-medical person's unlicensed medical practice but also medical person's unlicensed medical practice. Therefore, this article suggests that the prohibition clause needs to be careful applying to non-medical practice. Because, in fact, even though there are some necessity of non-medical practice, there are no qualificatory or license system of non-medical practitioner in the Medical Acts or regulations forbidding whole non-medical practices. Furthermore, the Supreme Court has decided medical person's unlicensed medical practice too narrowly, thus it does not keep up with rapid change of medical development and people's demands these days. Regarding this subject, in order to take advantage of medical practitioners effectively and cope with increasing people's medical demands, this article proposes that medical person's unlicensed medical practice only to be prohibited in case of endangering our public health.

• Journal of the Korean Society for Library and Information Science
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• v.29
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• pp.205-230
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• 1995

The publication of books on modern agriculture started under the influence of Silhak Thought developed from the late Chosun Dynasty. The common intention found in these publications is the objective to enrich the country through increased agricultural productivity and thus to secure national independence from the surrounding powers. The study reviews three different categories in this area; five general books on agriculture, three on agriculture related legal regulations, and ten books introducing techniques of commercial agriculture. The first category is comprehensive treatment of general agricultural content and the second is legal regulations which affected the contemporary agriculture. The third category is introductory books on commercial techniques aimed at accumulating wealth through agriculture. Silkworm cultivation occupies an important place in these publications owing to the active encouragement given by the Section of Silkworm Cultivation in the Ministry of Agriculture, Commerce and Industry. We can recognise the extensive involvement of Suh Pyung Sook, who served as the Section Chief of Silkworm Cultivation in 1904, by examining introductions and prefaces of many books in this category. The examples of general books on agriculture are 'New Agricultural Administration' (농정신편), 'General Introduction on Agiculture' (농업대요), 'New Textbook on Agricuture' (신찬농업교과서), 'Pragmatic Agriculture' (실리농방신편), Of these, 'New Agricultural Administration' (농정신편) is evaluated as the first publication on modern agriculture. It was written in 1881, and the first edition was published was published in 1901 with the second edition following in 1905. Examples of the second category are; 'The regulation on utilizing uncultivated state owned land' (국유미간지리용법) legislated and declared with the intention of expanding cultivated area, 'Mining and Forestry Regulation' (광임법규), 'Forest Land Regulation' (임야법령) to administer mining and forestry. Books on commercial agriculture take up the highest proportion in the agricultural publication of this period. These cover silkworm cultivation, chicken farming, vegetables and fruits. The books introduce Western techniques with more scientific and rational approach especially on Silkworm cultivation and chichen farming which had become increasingly significant as commercial agriculture from the late Chosun Dynasty.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2013.06a
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• pp.429-431
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• 2013

Today the role of Vessel Traffic Service(VTS) is increasing due to the function to preserve the safety of marine traffic and harbour, improve the efficiency of harbour, protect the marine environment. However, Vessel Traffic Service(VTS) lacks the international and domestic legal basis. For this reason it is hard to fulfill the positive and systemic operation of Vessel Traffic Service(VTS). It is essential to establish a domestic legal basis upon which to perform function and role of Vessel Traffic Service(VTS) fully. The purpose of this study is to propose the directing point for the adequate regulation of vessels to participate in Vessel Traffic Service(VTS) by doing a comparative analysis between domestic regulations and other countries's regulations.

• Korea Trade Review
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• v.43 no.3
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• pp.75-100
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• 2018

This study is designed to examine international export control norms, analyze current national export control system and identify the problems thereof, presenting several proposals for development in the system. The Republic of Korea, as a signatory of non-proliferation treaties and multilateral export control regimes, is obligated to comply with the international non-proliferation and export control norms, irregardless of hard or soft laws. Korea's export control system has been implemented in earnest since 2005; however, it contains serious problems in terms of the legal system and objectives of relevant laws and regulations, terms and definitions of the items subject to export controls, catch-all requirements, brokering license, response to the U.S. re-export controls, and so on. Proposals for development in the system include (i) enacting an independent law integrating the current dual-use items export control law and regulations, (ii) making use of the term of "strategic items" as a uniform terminology replacing 'goods etc.', 'strategic goods(inclusive of technology)', 'strategic goods, etc.', 'WMD, etc.' so as to preclude any possibility of misunderstanding, (iii) rewriting the catch-all control requirements, (iv) introducing registration system of brokering firms, (v) including provisions to comply with U.S. reexport controls, and (vi) providing stakeholder with correct and full information on export controls.

• The Journal of Fisheries Business Administration
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• v.22 no.2
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• pp.53-74
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• 1991

Interest on ocean environment has increased with the development of industrialized activities. Public marine resorces are defined broadly to include fish stocks, beaches, marine waters, recreational fishing, biota, waterfowls, shorebirds, seabirds and marine mammals But, it is not easy to analyze compensation for injury to publicly owned marine resources because the claimants do not exist clearly and the economic methodology of damage on public goods is not developed fully. This paper introduces basic idea of welfare economic theory and environmental legislation to the research question : How the economics and law can be applied to the case of damage on publicly owned marine resource. The paper discusses the concepts of willingness to pay (WTP) and willingness to accept (WTA). It is accepted generally that WTA is correct concept of welfare change in the case of damaged public goods. Four methods (compensating variation, equivalent variation, compensating surplus, equivalent surplus of measuring welfare changes are compared. Compensating variation(CV) is the best measure of welfare changes are compared. Compensating variation(CV) is the best measure of welfare changes caused by environmental damage. Vartia (1983) showed CV could be measured from the ordinary demand function using the differential equations. This paper also provides an overview of the emerging U.S. and Korea legal system for compensation for natural resource damages, with particular emphasis on U.S. legal system under Comprehensive Environmen-tal Response Compensation and Liability Act (CERCLA). These regulations are to include two different types of standardized procedures for assessing natural resources injury : Type A or simplified assessment techniques for small releases ; and Type B protocols that would include detailed and extensive assessment methodologies for major releases. Type A procedures are specified by Natural Resources Damage Assessment Model for Coastal and Marine Environment (NRDAM/CME) of the U.S. CERCLA provides a legal 'legitimization for the use of economic-based nonmarket valuation in the courts and have introduced appropriate and accurate nonmarket valuation methods based on willingness to-pay for damage assessment. By briefly reviewing economic theory and environmental legislation, we hope to help provide a better understanding of the compensation process and the economics of publicly owned marine resources in the U.S. and to integrate the economics and law of natural resources valuation into a single comprehensive package in Korea.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.139-160
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• 1999

International commercial arbitrations have developed into a simple form in which both parties involved in the dispute by a contract intend to solve the dispute through the legal arbitration system. however nowadays the above traditional form taken by international projects are rarely seen and instead the form of complex arbitration in which many parties are involved has become more and more universal. The complex arbitration means not only many-sided parties concerned but also means a plural number of contract involved in conflicts, a plural number of issues involved in conflicts and a plural number of contracts though their contractors are not in a plural number. However in this report the complex arbitrations will be studied into categories as follows : 1. Pure multi-issue situations, 2. Pure multi-party situations, 3. Pure multi-contract situations. A Pure Multi-Issue arbitration basically includes a plural number of claims between the two parties concerned. A Pure Multi-party case classically presupposes an arbitration clause which involves a plural number of parties concerned. After Party A takes a legal proceeding and then Party B institutes a request to Party C in the above proceeding. In that case the problem arises on whether it is allowed to do so or not. A Pure Multi-Contract case presupposes that when Party A and Party B have independent arbitration clauses based on separate contract relations, respectively, the problem is whether both above-mentioned proceedings can be unified into one or not. As for the above-mentioned complex arbitration, though international treaties are being formed, including the WTO treaties, the NAFTA treaties, the Mercosur treaties and others, legal regulations and customs have not yet been formed domestically. The institutional preparations will be necessitated in consideration of national legal status as well as international treaty relations.

• Korean Institute of Interior Design Journal
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• v.16 no.6
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• pp.125-135
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• 2007

A study on child care centers has been developed with a focus on normal children. Also the child care centers which take care of children with disability are rare. In Seoul, Korea, only 2% of children with disability are taken care of in childcare centers. And even the disabled children at the child care centers are mostly mentally or emotionally disabled because the building, programs and services of the centers are restrictive to the children with severe physical disabilities. In Korea, it is not yet an obligation for child care centers to adopt Disability Accessibility Guidelines to make facilities accessible by the disabled. Also, Korea does not have specific design guidelines or legal standards. This study aims to review the domestic and foreign legal standards and design guidelines which are applicable to child care centers for children with disability through a reference review. Korean legal standards, and US's ABA and ADAAG were analyzed. Two representative references such as "Creating Inclusive Child Care Facilities" published in US and "Design for access and mobility requirement for Children and Adolescents with Physical Disabilities" published in Australia were reviewed. As a result, we categorized the guidelines according to contents such as locations, areas, space organizations, nursing spaces, sanitary spaces, and doors and corridors. The goal of this study is to provide the basic information to develop domestic design guidelines to ensure that the child care centers are welcoming and usable for everyone possible.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.28 no.1
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• pp.80-90
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• 2018

Objectives: This study was performed to propose a domestic occupational exposure limit(OEL) following a health hazard assessment, calculation of a non-carcinogenicity reference concentration worker($RfC_{worker}$) value, and examination of international agencies' exposure limits. It also recommends legal management within the Occupational Safety and Health Act for HCFC-123, which caused an acute hepatotoxicity incident. Methods: An acute hepatotoxicity incident due to the fire extinguishing agent HCFC-123 was investigated. Toxicological hazard and health hazard classifications were examined and a non-carcinogenicity $RfC_{worker}$ value was calculated for HCFC-123. An OEL and the necessity of legal management were recommended as well. Results and Conclusions: An OEL for HCFC-123 of 10 ppm($62.5mg/m^3$), which considered the $RfC_{worker}$ value, 5.56 ppm, produced in dose-response assessment and the exposure level of 19.1-20.9 ppm measured as an eight-hour TWA(time-weighted average) in the incident place, is recommended. HCFC-123 is urged to be included as a chemical requiring legal management in the Occupational Safety and Health Regulations. In addition, it is recommended that a peak exposure of ACGIH be adopted in the Notice of the Ministry of Employment and Labor.

• The Journal of the Korea institute of electronic communication sciences
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• v.14 no.4
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• pp.627-636
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• 2019

The Radio Law was revised twelve times since the full revision in 2000, and now it is equipped with the current status of securing radio resources, distribution and allocation of radio resources, utilization of radio resources, protection of radio resources and promotion of radio waves, which can be evaluated to include the legal nature of securing radio resources and propagation beyond the simple administrative legal nature of radio resources. The legal system in the telecommunication sector is also being improved, and the Radio Law is also supplementing the weak points through two revisions. The domestic radio law, and it is considered to form a legal system for promoting the effective allocation and utilization of resources in accordance with the changes in radio wave usage environment. It can be evaluated that it has become a law related to radio promotion and competition in the existing simple administrative law. It is considered necessary to adjust the detailed regulations for each type of use.

• 지역과문화
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• v.8 no.4
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• pp.23-42
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• 2021

This article examines the legal measures to establish the financial independence of the Local Cultural Centers(LCCs) by the revision of Promotion of Local Cultural Centers Act(PLCC Act) to allow profit-making activities of LCCs. For the past 70 years, LCCs have been the core of local culture, but they have not been financially independent and have survived through government subsudues and support funds. Its weak financial structure that depends on the subsidies makes it difficult to carry out the essential business and threatens sustainability. Legally, LCCs are special corporations which established in accordance with the PLCC Act, and their legal status and functions are stipulated in accordance with the laws governing their establishment. The current PLCC Act does not stipulate that the LCC may conduct profit-making business other than the essential business. However, compare to the other special corporations which established by their own legislatives, it is understood that the PLCC Act can also provide regulations related to the profit business of LCCs. This article presents legal drafts for PLCC Act and suggests other necessary discussions for financial independence of LCCs.