• The Korean Society of Law and Medicine
• /
• v.7 no.1
• /
• pp.323-386
• /
• 2006

A combination of information technology and medical care has given rise to a new type of medicine, i.e., telemedicine. Broadly defined, telemedicine is the transfer of electronic medical data from one location to another. Both at home and abroad, telemedicine has come to success in establishing appropriate equipment and solutions for such non-conventional medicine. Sooner or later, telemedicine is believed to find itself as one of the universal treatments. In order to facilitate the full-fledged development of telemedicine, a number of legal and institutional problems have to be settled. In Korea, the Medical Act was amended to include such provisions as telemedicine, electronic medical records, electronic prescriptions, etc. and the Act came into force on March 31, 2002. Telemedicine is in common with the conventional medicine in that a physician treats a patient. However, telemedicine is basically differentiated in the followings: - The offer and acceptance of treatment and medication are usually made on-line; - Telemedicine is inherently dangerous because a physician cannot meet face-to-face with a patient; and - Joint and several liability is borne by all the physicians involved in a telemedical consultation. As a result, telemedicine is vulnerable in nature to medical malpractice. Accordingly, there must be some new theories and arguments in the formation of contract and torts. The discussion on the civil liability covers the above-mentioned issues, and would give an insight or guidelines in the concerted operation of provisions with respect to telemedicine. This study delves into the civil liability of physicians involved in telemedical consultations and treatments based upon the conventional malpractice theory.

• International Commerce and Information Review
• /
• v.12 no.4
• /
• pp.385-404
• /
• 2010

The purpose of this article is to examine the Delays of Performance under UN Convention on Contracts for the International Sale of Goods. In theory, there exist three clearly distinguishable categories of breach of contract, namely non-performance, non-conforming performance and late performance. In particular, delays of performance are the most common breach of sales contract including late delivery, late payment or late performance of any other obligation. In this regard, this article examines how parties can, through careful drafting, avoid or minimize legal problems in case of delay in performance. Especially, the export perspective focuses on the seller's interests, which require that sanctions be as lenient as possible if the seller has breached the contract but that there are prompt and adequate sanctions if the buyer has breached the contract. Furthermore, the seller should ensure that a short or medium delay in delivery will not entitle the buyer to declare the contract immediately avoided and take precautions against late payment, including delayed opening of a letter of credit.

• The Korean Society of Law and Medicine
• /
• v.8 no.1
• /
• pp.179-211
• /
• 2007

To succeed the claim of medical malpractice litigation, the patient as a plaintiff should establish the medical fault of a physician as a defendant, and the causation between the fault and damages. Because of the extraordinary nature of medical province, however, this application of a legal principles is rigorous with the patient. In addition, given the causation between the validation of physician's fault and damage is not attested, patient is not awarded anything. In order to overcome a difficulty of patient's verification and ensure the right to fair process, it was demonstrated the lightening of burden of proof in medical malpractice litigation and the acceptance of the responsibility for an illegal act in a prescribed range in the absence of the causation between the physician's fault and damage. This paper deals with the judgement of causation and burden of proof in medical malpractice litigation, and the acceptance of responsibility in the absence of the causation between the physician's fault and damage. Also, this study recommends a tendency of our precedent through the comparative case method of ours and Japan.

• Journal of Information Science Theory and Practice
• /
• v.5 no.4
• /
• pp.49-67
• /
• 2017

This article assesses the recent development of libraries in Myanmar and efforts to build the sector's capacity leading up to and after the first democratic elections held in the country in nearly 50 years, at the end of 2015. Cyclone Nargis in 2008 is viewed as a 'framing event' (Birkland, 1998) that led to national legal and policy reforms, an increase in national and international projects to support development of Myanmar libraries, and the strengthening of local actors including the Myanmar Library Association to coordinate and lead development activities. Although in need of modernisation, networking, and professional skills, the existence of a widespread number of all library types across the country provides an important foundation for further development. The current status and readiness of libraries is explored in the broader context of the rapid leap from limited to more widely available access to information and technology. The article finds that there is great potential for libraries in Myanmar to support the continued transition to democracy as evidenced by the role of libraries and access to information in other countries that have transitioned. Remaining challenges include the potential of backsliding on national reforms, and the need for significant investments in infrastructure and skills. Libraries must be transformed to meet the changing needs of information users in a young democracy.

• Nuclear Engineering and Technology
• /
• v.37 no.3
• /
• pp.273-278
• /
• 2005

Key concepts in South Korean nuclear safety regulation are safety and risk. Nuclear regulation in South Korea has required reactor designs and safeguards that reduce the risk of a major accident to less than one in a million reactor-years-a risk supposedly low enough to be acceptable. To date, in South Korean nuclear safety regulation has involved the establishment of many technical standards to enable administration enforcement. In scientific lawsuits in which the legal issue is the validity of specialized technical standards that are used for judge whether a particular nuclear power plant is to be licensed, the concept of uncertainty law is often raised with regard to what extent the examination and judgment by the judicial power affects a discretion made by the administrative office. In other words, the safety standards for nuclear power plants has been adapted as a form of the scientific technical standards widely under the idea of uncertainty law. Thus, the improvement of nuclear safety regulation in South Korea seems to depend on the rational lawmaking and a reasonable, judicial examination of the scientific standards on nuclear safety.

• Journal of Arbitration Studies
• /
• v.16 no.3
• /
• pp.127-160
• /
• 2006

Civil lawsuits have been the main instruments to resolve any civil disputes until recent times but it has its limitations in resolving all disputes in the specialized and technical disputes only according to the civil trial process. Therefore, many countries have carried out a series of discussions and investigations into the system of Alternate Dispute Resolution(ADR). It should especially be noted that all related countries in the world have enacted a basic ADR law to accelerate the usage of the ADR system. The most representative cases are the American Alternative Dispute Resolution Act of 1998 and Japan's Alternative Dispute Resolution Promotion Law set up in December 2004. As such, there is a need for Korea to enact a basic law regarding ADR following the world trend of major nations. This paper looks closely not only into the enactment circumstances and contents of Japan's ADR law whose legal system is similar to that of Korea but also the aftermath discussions of the Japanese academic circles into consideration, in the hopes of providing reference data for the legislation of the Korean ADR system and further aiding in the development of the ADR law theory.

• Journal of the Korean housing association
• /
• v.15 no.3
• /
• pp.21-30
• /
• 2004

The purpose of this study was to examine theoretical underpinnings of housing adjustment as applied to residents of Korean folk housing. On random and voluntary base, 66 households of the Andong Haboe folk village were asked to participate in the present study for a self-administrated questionnaire survey as well as open-ended face-to-face interviews. Some valuable results were obtained as follows. In spite of the legal barrier to change in physical conditions of housing, first, a huge amount of adjustment actually took place in the rural folk village. Satisfying basic amenity or shelter needs turned out to be the basic role of adjustment. Second, the number of adjustment works previously done was not effective anyhow in predicting the level of housing satisfaction. Speare's (1974) satisfaction theory of housing adjustment was largely supported by the present study. Highly dissatisfied residents with their housing were more likely to expect adjustment works of their own. Additionally, age turned out to be the most powerful predictor of housing adjustment. Finally, housing satisfaction was positively correlated with community attachment (Kendall's $\tau$ =.35 ; p 〈 .001). Residents satisfied with their house were more likely to be proud of being a member of community. Overall, though, community attachment was not related anyhow to the willingness of housing adjustment.

• Journal of the Korean Society for Library and Information Science
• /
• v.17
• /
• pp.49-83
• /
• 1989

A Full text retrieval system is a natural language document retrieval system in which the full text of all documents in a collection is stored on a computer so that every word in every sentence of every document can be located by the machine. This kind of IR System is recently becoming rapidly available online in the field of legal, newspaper, journal and reference book indexing. Increased research interest has been in this field. In this paper, research on full text databases and retrieval systems are reviewed, directions for research in this field are speculated, questions in the field that need answering are considered, and variables affecting online full text retrieval and various role that variables play in a research study are described. Two obvious research questions in full text retrieval have been how full text retrieval performs and how to improve the retrieval performance of full text databases. Research to improve the retrieval performance has been incorporated with ranking or weighting algorithms based on word occurrences, combined menu-driven and query-driven systems, and improvement of computer architectures and record structure for databases. Recent increase in the number of full text databases with various sizes, forms and subject matters, and recent development in computer architecture artificial intelligence, and videodisc technology promise new direction of its research and scholarly growth. Studies on the interrelationship between every elements of the full text retrieval situation and the relationship between each elements and retrieval performance may give a professional view in theory and practice of full text retrieval.

• Journal of Information Science Theory and Practice
• /
• v.9 no.3
• /
• pp.31-41
• /
• 2021

The growing number of threats to society through the uncontrolled distribution of information is forcing library communities in many countries to reconsider their views on free access to collections. Based on the content of numerous documents of international importance, it can be concluded that in any democratic country access to information is one of the most important human rights, along with the right to life, liberty, and security of person. However, the state has the right to restrict citizens' access to information within the framework of existing legislation. Constantly, restrictions on access to information are established in order to protect the ethical foundations of the constitutional order, morality, health, rights, and legitimate interests of others, to ensure the country's defense and state security. It goes without saying that each country has the right to independently decide where the boundaries lie between permitted and prohibited information, including printed information, contained in library collections. This article describes three levels of access restriction: foreign, state, and regional. The authors have analyzed the legal and regulatory documents that govern libraries, as well as the reasons and methods of limitation. A comparative analysis of the restriction of access to information in the countries of Europe and Asia is presented.

• Korea Trade Review
• /
• v.44 no.2
• /
• pp.63-82
• /
• 2019

Due to technological development in the globalized food system, quantitative problems of food supply have been solved, but food risks have expanded from problems in specific regions to global problems. In order to maximize the efficiency of agricultural production, the growth in agricultural production system, procirement of raw materials, establishment of food processing processes and establishment of food supply chain systems are required. Control of hazards requires facility and administrative efforts. In this study, we examined the role of CSR in conjunction with food safety. Food SCM is related to food safety and correlates with the food supply chain. In terms of the triple bottom line theory, CSR is correlated with SCM and it is possible to pursue food safety through corporate CSR and SCM. In this study, it is statistically confirmed that SCM and CSR are in a positive relationship. In the impact of CSR on food safety, it has been confirmed that economic responsibility and legal responsibility take precedence over environmental responsibility and social responsibility. Based on this, we can achieve food safety through SCM and CSR, and we can decide which of CSR activities can be prioritized.