• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.3
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• pp.277-283
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• 2017

In recent years, earthquakes and volcanic activity have been occurring actively in Japan, China, and Southeast Asia in the central Pacific Rim, and the cycle interval is shortening. In addition, there is Baekdu mountain, which is a large active volcano in Korea. On the other hand, the legal system and guidelines related to volcanic ash are very limited to counteract volcanic disasters. The volcano manual does not present specific countermeasures against volcanic disasters. The preparation of systematic disaster prevention measures against an eruption of Mt. Baekdu and the volcanic activity in Japan and China, which are occurring continuously, is necessary. Therefore, this study suggests an improvement to the relevant laws and regulations against volcanic disasters to analyze the aviation safety manual and relevant legal system. The problems with the current legal system are improved by modifying the legal system related to the air traffic sector when volcanic disaster occurs, and it is expected that more efficient manuals and guidelines will form the basis for the smooth operation of the manual at a disaster site.

• Journal of Gifted/Talented Education
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• v.19 no.2
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• pp.211-240
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• 2009

This paper attempts to explore issues related with the Sifted and talented education in legal aspects. To accomplish this goal, the legal system connected with the gifted and talented education is examined. It includes the Constitution of the Republic of Korea, framework act on education, elementary and secondary education act, etc,. Second, the institutional process of the Act on the Promotion of Education for the gifted and Talented Law and legal characteristics is reviewed. It is found that the Act on the Promotion of Education for the gifted and Talented Law and its regulations is designated to achieve goals of education in general. Educational institutions for children with gifted and talented seem to attain more investment than general education institutions. Third, main issues in the Act on the Promotion of Education for the gifted and Talented Law is discussed. They are the legal system, legal name and aim, rights and obligation for gifted and talented, selection of gifted and talented, organization and operation of curriculum, and teacher education. In conclusion, it needs deeper study on each issue and needs to be presented the specific alternatives. So, it should be improved the law in such a way to meet the fundamental human rights for the gifted and talented.

• Journal of Ginseng Culture
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• v.5
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• pp.77-96
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• 2023

This study looks at the origin of a wild-ginseng, Korean ginseng, and traces the origin of associated wild-ginseng digging customs back to the Annals of the Joseon Dynasty. These historical customs helped Korea gain control over its wild ginseng resources following Japanese colonization acts, Korea's present-day forest laws, and Korean Civil Law. Prior to Japanese colonial rule in Korea (1910-1945), ginseng digging was a common custom, but Imperial Japan distorted Korea's own legal principles of the public rights of wild-ginseng digging during this colonial period. Distorted legal principles concerning digging customs continued after Korea's liberation from Japanese rule and were maintained until the enforcement of the Korean Civil Law in 1960, when legal principles of the right of common were changed to special servitude. The origin of the right of common can be found in the Sichojang of the Joseon Dynasty. The Sichojang, a place where local residents jointly collected firewood and fed livestock, was the minimum right to life and interest at the time. Since the right of common was the right to life, Imperial Japan attempted to abolish it, but it was never successful. In addition, distorted legal principles have been maintained in present-day forestry-related laws and regulations. Over 75 years since the liberation from Japanese rule in 1945, it is imperative to break away from the distorted legal principles and acknowledge that digging custom rights have changed from common customs to a special servitude under Korean Civil Law. Hence, an organization of wild-ginseng diggers is an unincorporated association, and their wild-ginseng digging customs can be constituted as a special servitude. Hence, their practices should be considered valid under customary law. Through this, it will be possible to clarify the legal nature and grounds for ginseng-related wild-ginseng digging activities, as well as the civil responsibility for the activities of wild-ginseng diggers.

• Journal of the Institute of Convergence Signal Processing
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• v.25 no.2
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• pp.100-112
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• 2024

This study investigates the ethical and legal implications of utilizing artificial intelligence (AI) in human resource management, with a particular focus on AI interviews in the recruitment process. AI, defined as the capability of computer programs to perform tasks associated with human intelligence such as reasoning, learning, and adapting, is increasingly being integrated into HR practices. The deployment of AI in recruitment, specifically through AI-driven interviews, promises efficiency and objectivity but also raises significant ethical and legal concerns. These concerns include potential biases in AI algorithms, transparency in AI decision-making processes, data privacy issues, and compliance with existing labor laws and regulations. By analyzing case studies and reviewing relevant literature, this paper aims to provide a comprehensive understanding of these challenges and propose recommendations for ensuring ethical and legal compliance in AI-based HR practices. The findings suggest that while AI can enhance recruitment efficiency, it is imperative to establish robust ethical guidelines and legal frameworks to mitigate risks and ensure fair and transparent hiring practices.

• The Korean Society of Law and Medicine
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• v.13 no.2
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• pp.79-113
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• 2012

This study focuses on the protection of trial subjects, who participate in clinical trials for new drug. It takes long time to develop new drugs and the clinical trials are required. Usually, pharmaceutical company, which develop new drug, request a research institution(usually, hospital) to investigate the examination of security and side effects of new drug. The institution recruit trial subject to participate in the trials. The contract for clinical research of investigational new drug is concluded between the pharmaceutical company and the institution. This thesis studies the legal regulations for protection of participants of clinical research for new drug. In this respect the first matter of this study is to seek which relation between pharmaceutical firm and participants of clinical trials. Especially, there is a question which the trial subject is entitled to demand the pharmaceutical company which requested clinical trials the institution to supply the investigational new drug, after the contract for clinical trials had terminated or cancelled. This study take into account the liability of the pharmaceutical company to trial subject. Secondly, it is researched the roles and authority of Institutional Review Board(IRB). IRB is Research Ethics Committee of the institution, in which clinical trials for new drug are conducted. According to the rule of Korea good clinical practice(KGCP), IRB is the mandatory organization which is authorized to approve, secure approval or disapprove the clinical trials for investigational new drug in the institution. The important roles are the review of ethical perspective of trial research and the protection of trial subject. Thirdly, this paper focuses if the participants are to be paid for the participation for clinical research. This is ethical aspect of clinical trials. It is resonable that the participant is reimbursed for expenditure such as travels, and other expenses incurred in participation in trials. It is not allowed that the benefit of clinical trials is paid to trial subject. The payment should not function as financial inducements for participations of trials. Finally, the voluntary consent of the trial subject is required. The institution ought to inform the subject, who would like to participate in trials, and it ought to received informed consent in writing for subject. In this regard, it is matter that trial subject has ability of consent. It is principle that the subject as severely psychogeriatric patient has not ability of consent. However, it is required that not only healthy people but also patients are allowed to take part in clinical trials of new drug, in order to confirm which the investigation new drug is secure. Therefore there are cases, in which the legal representative of subject consent the participation of the trials. In addition, it is very important that the regulations concerning clinical trials of new drug is to be systematically well-modified. The approach of legal and political approach is needed to achieve this purpose.

• Journal of the Korea Society of Computer and Information
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• v.22 no.3
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• pp.147-153
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• 2017

The main subject of year 2016 Davos forum was "The 4th Industrial Revolution." Recently, interests and investment in drone market, so called industrial revolution in the sky is growing in many countries around the world. Before, drone was used for military purpose such as reconnaissance or attacking but today, it is used in various private sectors such as unmanned delivery service, agriculture, leisure activities, etc. Presently, many major countries in the world are already involved in the 'war without gunfire' to be dominant in this drone industry. Korean government also has announced an extreme relaxation of regulations for growing drone industry by opening a conference with Ministers related to economics. During the conference, business scope of drone which was limited to agriculture, photographing, and observation was expanded to all the fields except for cases hindering national safety and security. In terms of shooting purpose drone its process of receiving approval for flight and shooting is simplified to online registration. What is more, drone delivery service will be allowed in island areas such as Goheung, Yeongwol, etc from first term of year 2017. Finding the way to apply drone in criminal investigation is also speeding up. Recently, Public Safety Policy Research Center in Korean National Police University has inquired for research service and its result will be out around November. Likewise, although more and stronger foundation for supporting drone industry is made but there are still, some opinions saying that we should take a careful approach in consideration to the side effect such as abuse in crime. One may also try terror by placing a dangerous substance. If drone falls, it may hurt any civilians. Moreover, if shopping purpose drone is hacked, it may result in violation of privacy. Compared to America, Europe, and China, we are at the very beginning stage of drone industry and it is necessary to reorganize legal issues to grow this industry. This can be thought from two perspectives; first, the growth of drone industry is blocked by difficult regulations on Aviation Law and Radio Regulation Law. The second issue is the safety and privacy that are required for operating drone. For the advanced technologies to make human life more profitable, more active and proactive actions are required by criminal law side. In preparation to the second mechanical era where man and machines should go together, I hope that responsible preparation is required in all fields including the criminal law.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.125-144
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• 2016

All forms of Clinical trial should be fully equipped with protection systems for experimental subjects considering their uncertainty and various risks. Existing laws have some regulations in pharmaceutical affairs act and medical device act. Nonetheless, there is a limit to protect the subjects considering law objective to perform administration of medicine. Furthermore, the clinical trial on minor has no direct regulations in pharmaceutical affairs act, but prescribes certain portion in clinical trial assessment guideline on infants or medicine clinical trial management standard, however there is a limit because that is just recommendation not having legal effectiveness. The legislative solution would be possible for legal problems of clinical trial on minor by examining treatment system on minor in organ transplant act and clinical trial on minor in other foreign laws stronger than usual medical practice in terms of degree of human body invasion. I suppose that the control system of clinical trial being done focusing on the pharmaceutical affairs act, medical device act and other guidelines in existing laws system should be resolved by legislating 'trial subject protection law', in addition, this would be well balanced in organ transplant act on protection system of minor organ donors. Furthermore, the judgement on the consent ability and spontaneity in clinical trial on minor should be judged considering maturity and mentality of minor by clinical trial institutional review board based on legislative solution mentioned above.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.373-401
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• 2015

The UAV(Unmanned Aerial Vehicle, Drone) technology has been undergoing rapid progress, accompanied with a growth in the market. However, domestic industry standards and technology lag behind such progress happening on the international scene, and in particular in developed countries. Related regulations are also deemed lacking to address the issues that arise with such developments. Meanwhile, as the rise of UAV technology is a fairly recent phenomenon, the gap between Korea and developed countries is not too big. As this technology has high relevance to information and communication technologies, it also offers ample leeway for Korea to catch up in the field of UAV. As such, this paper seeks to provide a survey of the overall technology, market and regulations concerning UAV to identify possible measures on how to address any issues that may arise through proper policies. Due to the progress made in the field of UAV technology and increased penetration rate, striking a right balance between putting in place a proper regulatory system and establishing policies that foster growth in the field has risen as a very important issue. While the importance of establishing a legal system that helps prevent possible risks is indeed important, it must also be acknowledged that excessive regulation can also hinder technological progress. This, in turn would stagnate the market and dampen the entrepreneurial spirit in the society. In the case of new, practical technologies such as UAV, a prompt establishment of regulatory systems and policy measures in terms of policies is a requisite. In brief, in order to promote progress in the UAV industry and at the same time, for public safety and the protection of privacy, there should be an appropriate level on the easing and tightening of the regulation.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.145-181
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• 2013

General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

• Korean Journal of Environment and Ecology
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• v.38 no.1
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• pp.108-120
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• 2024

This study proposes measures for institutionalization and its inter-departmental linkages to increase the effectiveness of wind corridor forests in response to changing urban environmental issues and climate change. For this purpose, the study reviewed laws and regulations containing terms related to urban wind corridors, identified the roles and relationships of wind corridor forests required in relevant plans, and assessed high-level and basic plans for wind corridor forests to identify issues in the current establishment of wind corridor forests and derive key issues related to them. Based on these results, institutionalization measures for legislating wind corridor forests and their effectiveness methods were suggested. This study proposes 1) defining terms and establishing legal and institutional foundations and 2) establishing hierarchies with related plans and a legal basis for the basic plan for wind corridor forest as an institutional plan for legalization of wind corridor forest, and 1) establishing a legal and institutional foundation for constructing spatial data like analysis maps and 2) establishing the guidelines for the basic plan and for creating and managing wind corridor forests and their contents as an institutional plan for effective revitalization. It is expected that this study can be utilized as basic data for establishing laws and regulations related to wind corridor forests and can contribute to the institutionalization research of basic plans. It is also hoped to be used as basic data for systematically constructing wind corridor forests.