• The Korean Society of Law and Medicine
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• v.8 no.2
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• pp.205-290
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• 2007

In Korea, abortion in the Criminal Law is an illegal act in exception of limited cases stated in the Mother and the Child Health Law. There are grounds on which abortion may be carried out - though the grounds are very limited and related such as emergency situation of woman's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations to reform the existing regulations and increase the effectiveness of the regulations. A national survey was carried out using telephone interview with Korean citizens from August 1th to August 31th in 2005. A total of 1,025 citizens (male: female = 49.2%:50.8%) were randomly sampled in proportion to the number of population of 17 regions. The major findings of this survey were as follows. First, 91.4% of the respondents approved of abortion based on the medical grounds. Second 83.3% of the respondents perceived that abortion may be carried out based on ethical grounds for example rape. Third, 74.3% were agreed to abortion based on genetic diseases. Forth, 64.7% were approved the abortion that unmarried woman may be carried out. In contrast 45.0% were approved the abortion that girls may be carried out, whereas 46.4% were perceived that the abortion may not be permitted. Fifth, 58.3% were disagreed the permission of abortion based on social and economic grounds. According to the survey Korean citizens seem to have positive perception on the abortion that may be carried out based on medical, ethical and genetic grounds. Whereas they worried about the abortion based on social and economic grounds. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds. In cases of when the mother has a impossibility to breed her child because of her social situations and financial conditions, we should accepted the legal acceptance of abortion due to social and economic grounds.

• Journal of Dairy Science and Biotechnology
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• v.26 no.2
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• pp.9-22
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• 2008

This work has been conducted as a part to set up the regulations and the scientific evaluation systems for the functional dairy products with health claims in Korea. Toward this end, current regulations, requirements, and all kinds of provisions related to the functional dairy products overseas were taken into accounts and feasible recommendations of new initiatives on the current regulations as well. By doing so, not only protecting hopefully the innocent consumers from the false labeling statements and fake advertisements, but also eventually to revitalize the stagnated domestic dairy industries. Currently, functional daily products are simply regarded as "Dietary Supplements" in the United States, and subjected to the regulations under the Dietary Supplement Health and Education Act, established m 1994. Manufacturers and sales distributors should notify their products to the FDA, which is in charge of the dietary supplements on nutrition and labeling, in advance when they start marketing a new dietary ingredient or any foods containing it in the States. For EU countries, there exists keen interests about the functional food products between the member countries of the European Union even though the products are categorized into "Food Supplements" similar to those in the United States. Therefore, they maintain a cautious attitude in applying the health claims to the functional food products. On the other hand, under the Japanese health food system, functional foods are qualified to the functional health foods in terms of legal status as long as any traditional foods can meet the legal standards in its effectiveness, safety as well as quality, along with significant scientific evidences related to the products, thus categorized into "Foods for Specified Health Uses and "Foods with Nutrient Function Claims". Through this study, we may have some expectations and potential utilizations as follows: Legal regulations of dietary supplements especially for the dairy products will be implemented by the outcomes of this research and proposed a tentative amendment of functional ingredients for the sake of consumer protection from the false advertisements and overstatement labeling. Current regulations on the animal foods processing and advertisements will be amended and supplemented in order to revitalize the current downturn dairy sales and to harmonize the international Codex recommendations. The results obtained from this study will make the consumers a wise selection of the dairy products with health claims and be utilized for consumer education and advertisement of the functional products as well.

• Journal of IKEEE
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• v.23 no.1
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• pp.342-345
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• 2019

In autonomous car, significant progress has been achieved in technical aspects, but it is deadly slow to solve its various legal problems for commercialization of autonomous car. This paper surveys the road driving eligibility, a typical legal issue in autonomous car. Problems on current laws and regulations are analyzed, and some remedies are suggested. Technical development should be performed collaboratively with law and regulation revision, and understanding these legal issues would be very helpful to the engineers who develop autonomous cars.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.83-112
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• 2003

This study primarily concerns the Sale and Supply of Goods to Consumers Regulations 2002, focusing on the newly amended rules of the Sale of Goods Act(1979). It describes and analyzes the provisions of Regulations 2002 in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It also attempts to compare the rules of Regulations 2002 with those of CISG and to evaluate them in light of the discipline of Law and Economics the basic question of which is whether a solution from one jurisdiction may enhence 'efficiency', serving the goal of reducing negotiation costs through providing a set of default terms, and through imposing an efficient solution which may assist value maximizing exchange where disputes arise.

• Environmental and Resource Economics Review
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• v.9 no.4
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• pp.597-619
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• 2000

Marketable permit system (MPS) is a economic incentive instrument that allows polluters to achieve static and dynamic efficiency, However, Korea's atmospheric regulations are primarily based upon command and control (CAC) system and partly upon economic incentive instruments, which fail to realize its relative effectiveness, Accordingly, an introduction of MPS has been recommended with the cost effectiveness analysis in numerous studies, The literature, however, did not consider the relationship between MPS and the existing regulations, which is a key factor for the successful introduction of MPS, This paper provides a set of principles to judge how the existing regulations are reconciled with the introduction of MPS, In addition, authors execute an empirical study to show MPS's cost effectiveness when regulators apply MPS in Ulsan area for the abatement of sulfur dioxide, The results suggest that the regulations such as fuel regulation should be excluded when implementing MPS, and a flexibility in legal and regulatory system is to be required in order to secure a successful implementation of MPS.

• Journal of the Korea Society of Computer and Information
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• v.21 no.3
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• pp.105-111
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• 2016

Circulating various pieces of unlawful information that violate the law by leaking personal information or circulating violent/sexual materials or malignant programs in the cyberspace is unlawful, and blocking this beforehand is an important duty of the state. Preceding discussions on the legal restriction of unlawful information in the cyberspace have mostly been focused on the criminal responsibilities and civil responsibilities of information communications service providers, but this study has approached it with emphasis on the issue of police responsibility for the exercise of police authority to block unlawful information. It is because the principles of police responsibility to determine the target of police authority to block unlawful information provide the standards for the interpretation of existing laws and regulations and function as legislative principles for the enactment of new laws and regulations to prevent risks in the cyberspace.

• Journal of the Korean Home Economics Association
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• v.34 no.5
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• pp.67-84
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• 1996

This study examined two laws protecting consumer's safety, the 'Product Liability Law' and 'Legal Regulations on Recall Service.' and investigated the need for and importance of the laws. Second, the requirements regarding the procedures for implementing these laws were reviewed. Regarding the 'Product Liability Law', the study considered how the damage and injury of consumers caused by defects in production would be compensated and under what conditions. Regarding the law to regulate Recall service, this study reviewed when and how producers must recall their products because of their defects. Finally, the directions for enacting these laws were suggested, and several difficulties arising from their enactment were considered. Several suggestions were made to enact these two raws in order to enhance comsumer safety, consumer sovereignty, and consumer well-being.

• Journal of the Korean Society for Library and Information Science
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• v.48 no.3
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• pp.381-410
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• 2014

This study aims to discuss issues related to small libraries by analyzing laws and municipal ordinances. It conducts an extensive literature review on the history and present conditions of small libraries and explores the characteristics of small libraries as a social movement. Based on the analysis of the Libraries Act, the legal status of small libraries are argued and other related regulation are also discussed. 114 municipal regulations which are related to small libraries are analyzed into five categories including general conditions, related laws, definitions, facilities, and workforce. As a result, the alternative strategies for legal issues on small libraries are provided in the three different aspects.

• Journal of Korean Medical classics
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• v.27 no.2
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• pp.77-95
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• 2014

Objectives : This study was to analyze the definitions of herbs, herbal drugs, crude drugs and natural products in the relevant laws and regulations, understand the related problems, and propose directions for improvement. Methods : I analyzed the legal definitions in respect of herbs, herbal drugs, crude drugs and natural products in relevant laws and regulations since 1945, explained the problems, and suggested the solution-considering the academic stance of Traditional Korean Medicine and the dualistic medical and pharmaceutical system. Results : Herbs are defined as "refined things that are cut and dried in their most original state". The definition of crude drugs includes herbs and the "cell contents, secretion, extracts, minerals and other parts of animals and plants that are used medicinally". The concept of natural products is expanded to adding tissue cultures to the definition of crude drugs. Conclusions : The definition of herbs should at least include all products that are "processed, extracted and prepared" as well as contents that consist of various forms of hospital-prepared herbs. The term "herbal drug" corresponds to a traditional term of "drug", and this should be established as a concept to explain "drugs in raw materials that are used to prepare herbs and/or manufacture herbal medicine". The legal definition of herbs should include the concept of crude drugs. Herbal drug preparations and crude drugs should be included in the definition of herbal drugs.

• The Journal of Fisheries Business Administration
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• v.46 no.3
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• pp.163-176
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• 2015

Nowadays, Under the current system of fisheries laws, fishery division and marine division are unified into one marine-fishery related law system indiscriminately. So they are not divided by nature. Moreover, terminology of fishery Law has been used by now in inappropriate conditions from Japanese 1951 fishery law systemct. Because fisheries administrative reorganization is also in parallel with the same logic as above, the reorganization of the legal system should be made. Finally, when the above mentioned problems is clearly defined and improvement is actually performed, more efficient management will be achieved through the beneficiary of more simple legal services. And so fisheries managers will be able to contribute to the development of the industries through more efficient management. While the existing framework of laws and regulations currently being enacted or established should be kept as much as possible, in order to ensure better control of fisheries resources and ensure sustainable development of related industries. Under various existing laws including the Fisheries Act, the Enforcement Regulations/enforcement rules, notice, instruction, established rule, the recognition of problems and improvements on the overall delegate legislative framework will be needed.