• Title/Summary/Keyword: legal regulations

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Legal Grounds for Withholding or Withdrawal of Life-Sustaining Treatment (연명의료의 중단 - 대법원 2009.5.21. 선고 2009다17417 판결과 관련하여 -)

  • Suk, Hee-Tae
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.263-305
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    • 2009
  • Is it lawful to withhold or withdraw life-sustaining treatment applied to a patient in a terminal condition or permanent unconscious condition? In Korea, there are no such laws or regulations which control affairs related to the withholding or withdrawal life-support treatment and active euthanasia as the Natural Death Act or the Death with Dignity Act in the U. S. A. And in addition there has had no precedent of Supreme Court. Recently Supreme Court has pronounced a historical judgment on a terminal care case. The court allowed the withdrawal of life-sustaining treatment from a patient in a permanent unconscious state. Fundamentally the court judged that the continuation of that medical treatment would infringe dignity and value of a patient as a human being. And the court required some legal grounds to consider such withdrawal or withholding of medical care lawful. The legal grounds are as follow. First, the patient is in a incurable and irreversible condition and already entered a stage of death. Second, the patient executed a directive, in advance, directing the withholding or withdrawal of life-support treatment in a incurable and irreversible condition or in a terminal condition. Otherwise, at least, the patient's will would be presumed through his/her character, view of value, philosophy, religious faith and career etc. I regard if a patient is in a incurable and irreversible condition or in a terminal condition, the medical contract between a patient and a doctor would be terminated because of the actual impossibility of achievement of it's purpose. So I think the discontinuation of life-sustaining care would be legally allowed without depending on the patient's own will.

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The Legal Problems and Improvement in the Performance Based Design of Fire-fighting (성능위주소방설계의 법적문제 및 개선방안)

  • Yi, Jong-Yeong;Baek, Ok-Sun
    • Fire Science and Engineering
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    • v.24 no.1
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    • pp.54-63
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    • 2010
  • The buildings relevant to the law should be designed performance-based necessarily according to "Fire-Fighting System Installation Business Act" amended, January 1. 2009. Performance based design means that building design reflects structure, size, purpose, and building capacity to achieve the most effective design of fire-fighting system. Performance based design has meaning to buildings that it is insufficient to control fire-fighting by previous law-oriented design or inappropriate by uniform design, because of buildings becoming bigger and higher. However, it is difficult to implement the system actually, because laws relevant to fire-fighting prescribe only the object and the required qualifications of performance based design, but they don't have rules to enforce performance based design for specific parts. This study suggests improvements for a desirable implementation of performance based design in legal aspects, by analyzing the current legal regulations related to performance based design.

A Study on the Legal Status of Insect Industry (곤충산업의 법적 지위에 대한 연구)

  • Kim, Yun-Shik;Park, Chung Gyoo;Kim, Taeyoung;Choi, Jong Woo
    • Korean journal of applied entomology
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    • v.57 no.4
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    • pp.401-408
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    • 2018
  • The insect industry in Korea has been supported by the Act of Fostering and Supporting Insect Industry since 2010. Based on the Act, insect breeders are entitled as farmers. However, the insect industry is not included in the Fundamental Act of Agriculture, Rural Community and Food Industry which defines all concepts, such as agriculture, farmers, and agricultural products. Legally and strictly speaking, there is no method to defense the insect industry when an argument is raised that insect industry is not included into agriculture, so persons who breed insects are not eligible for all agricultural supports and subsidies of the government. Thus, it is necessary to clear the legal status of insect industry by revising the related laws and regulations.

An Understanding of the Legal Framework of EASA UAS Regulation Towards Improvement of Aviation Safety Law (항공안전법 개선을 위한 EASA 무인항공기 규정의 법적 체계에 대한 이해)

  • Kwon, Taehwa;Nah, Seunghyeok;Jeon, Seungmok
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.49 no.5
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    • pp.425-435
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    • 2021
  • It is imperative to examine the regulatory trends of leading overseas aviation authorities to accelerate the effort to integrate emerging new air vehicle concepts such as UAS and eVTOL into the existing national airspace system. Whilst EASA seems to react swiftly in relation to regulatory framework by proposing new sets of customised special conditions to cope with a growing demand to introduce new aircraft concepts, understanding of such movement lags behind mainly due to the complexity of EASA's regulation structure, not to mention EU's legal system. Witnessing this situation, this paper reviewed the legal system of the EU which forms the basis of EASA's regulation system together with its own recently published UAS regulations so as to contribute towards the improvement of the aviation regulatory framework.

A Study on the Safe Use of Data in the Digital Healthcare Industry Based on the Data 3 Act (데이터 3법 기반 디지털 헬스케어 산업에서 안전한 데이터 활용에 관한 연구)

  • Choi, Sun-Mi;Kim, Kyoung-Jin
    • Journal of the Korea Convergence Society
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    • v.13 no.4
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    • pp.25-37
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    • 2022
  • The government and private companies are endeavoring to help the digital healthcare industry grow. This includes easing regulations on the big data industry such as the amendment of the Data 3 Act. Despite these efforts, however, there have been constant demands for the amendment of laws related to the medical field and for securing medical data transmissions. In this paper, the Data 3 Act of Korea and the legal system related to healthcare are examined. Then the legal, institutional, and technical aspects of the strategies are compared to understand the issues and implications. Based on this, a legal and institutional strategy suitable for the digital healthcare industry in Korea is suggested. Additionally, a direction to improve social perception along with technical measures such as safe de-identification processing and data transmission are also proposed. This study hopes to contribute to the spread of various convergent industries along with the digital healthcare industry.

A Study on Power Trading Methods for in a Hydrogen Residential Model (수소주거모델의 전력 거래 참여 방안 고찰)

  • KISEOK JEONG;TAEYOUNG JYUNG
    • Journal of Hydrogen and New Energy
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    • v.34 no.2
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    • pp.91-99
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    • 2023
  • Participation in power trading using surplus power is considered a business model active in the domestic energy trade market, but it is limited only if the legal requirements according to the type, capacity, and use of the facilities to be applied for are satisfied. The hydrogen residential demonstration model presented in this paper includes solar power, energy storage system (ESS), fuel cell, and water electrolysis facilities in electrical facilities for private use with low-voltage power receiving system. The concept of operations strategy for this model focuses on securing the energy self-sufficiency ratio of the entire system, securing economic feasibility through the optimal operation module installed in the energy management system (EMS), and securing the stability of the internal power balancing issue during the stand-alone mode. An electric facility configuration method of a hydrogen residential complex demonstrated to achieve this operational goal has a structure in which individual energy sources are electrically connected to the main bus, and ESS is also directly connected to the main bus instead of a renewable connection type to perform charging/discharging operation for energy balancing management in the complex. If surplus power exists after scheduling, participation in power trading through reverse transmission parallel operation can be considered to solve the energy balancing problem and ensure profitability. Consequentially, this paper reviews the legal regulations on participation in electric power trading using surplus power from hydrogen residential models that can produce and consume power, gas, and thermal energy including hybrid distributed power sources, and suggests action plans.

A Study on the Improvement Plan for Reducing the Risk of Crowed Event (다중운집행사 리스크 저감을 위한 개선방안 연구)

  • Nam-Kwun Park
    • Journal of the Society of Disaster Information
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    • v.20 no.2
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    • pp.379-389
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    • 2024
  • Purpose and Method: Crowed Events can lead to sudden accidents caused by unpredictable variables. Therefore, focusing on the '10.29 Itaewon accident' among the representative cases, we examined the accident as the process of occurrence. In addition, improvement measures were suggested through analysis of related legal systems. Result: In the Itaewon accident, a "colony wave phenomenon" occurred due to "ultra-high-density cluster stay". In addition, cluster destruction occurred from a weak location in the cluster due to clusters and pressures in different directions to avoid this. Looking at the laws related to the safety management of Crowed Events, the laws and regulations differ depending on the location and type. Due to the complementary nature of the approach to the legal blind spot, the legal system that uses similar terms of the same concept and is not systematic is causing uncertainty in the application and interpretation of the law. Conclusion: Crowd control and on-site management should be carried out for events when the cluster density is expected to reach 8 people/m2 or reached. Consistency should be maintained through the unified application of legislation to related legislation.

Study on the Safety Perception of Personal Mobility (개인형 이동장치 안전인식에 관한 연구)

  • Chanwoo Roh;Jaeduk Lee;Seyoung Ahn;Iljoon Chang
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.22 no.6
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    • pp.92-101
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    • 2023
  • The increasing use of personal mobility has led to a rise in traffic accidents and social issues. Consequently, the government is continually revising laws and regulations to address the problems associated with personal mobility. This study conducted a survey that reflects user characteristics and public perceptions based on the law revised in May 2021. The personal characteristics, legal awareness, usage patterns, risk characteristics, and risk factors were analyzed. The analysis indicated that driving on roads without separate sidewalks, speeding, and carrying passengers are hazardous practices. Moreover, Poor awareness of the legal framework governing personal mobility results in law violations. These results are significant as they highlight the need for policy measures regarding institutional and legal improvements, and they underscore the importance of enhancing social awareness about safety as personal mobility become more widespread.

Pricing Policy of Music Service in Digital Music Market-focused on the Regulations for the Digital Music Service (디지털 음악시장에서 음원사용료 징수 개정안의 고찰-2013년 징수개정안을 중심으로)

  • Jung, Ji-Young
    • Journal of Digital Convergence
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    • v.13 no.4
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    • pp.341-348
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    • 2015
  • As a result of growth of digital music market in Korea, Creator's rights and interests have been at the heart of the debate in terms of legal system. In the music industry, digital music revenue has now overtaken records sales and compared to download service it is now clear that music streaming and subscription is mainstream model in the rise of the worldwide market of digital music. This trend is also indentical to the domestic and withholding regulations for music service and creator's rights and interests have become an ever growing issue. Ministry of Culture, Sports ad Tourism decided the revision of withholding regulations for the digital music service in 2013. The amendment is to change its policy of charging music service from the flat rate pricing to a usage-based system. This paper brought forward some disputable points such as fair division of profit, reasonable pricing for consumers etc. about the revision. Therefore, improvement of system and change in the perception of such copyrights are still required for both the encouragement of creator's activities and the high consumer satisfaction.

Private Security Regulation: A Comparative Study of South Korea and Mongolia (한국과 몽골의 경비업법 비교연구)

  • Lkhagvamm, G;Kang, Min-Wan
    • Korean Security Journal
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    • no.47
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    • pp.139-165
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    • 2016
  • In Mongolia, the regulation related to the private security industry, the Law on Contracted Private Security Services, was legislated relatively recently. The Law on Contracted Private Security Services was enacted into law in Mongolia 16 years ago, in 2000. This regulation has undergone two amendments since its inception. However, new revisions still need to be made to ensure that this regulation is in line with internationally accepted standards and practices. This paper compares the existing private security regulations of South Korea and Mongolia. The purpose of this comparative study was to identify the weaknesses of and problems in the Mongolian regulation and propose amendments to the Mongolian regulation. The comparative study of the two countries' regulations showed and underscored an imperative need to make further amendments to the Law on Contracted Private Security Services. Specifically, the weaknesses of and problems in the Mongolian regulation at issue include the following: the level of accuracy in defining certain legal terms and providing the proper names for various regulations; stipulations which set forth the procedure for registering a private security company; provisions regarding operating a private security company; the details of eligibility and accountability requirements concerning chief executives and security service officers; and the scope of work provisions. This study proposes constructive amendments to strengthen the Law on Contracted Private Security Services.

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