• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.11-52
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• 2010

Medical Dispute Arbitration Law had been debated on its legislation several times since Korean Medical Association's submission of the bill to the National Assembly in 1988, eventually in December, 2009, passed the National Assembly Standing Committee and was laid before the Legislation and Judiciary Committee, and thus its legislation is now near at hand. During the long process, it has provided a hot issue with our society. And yet, Medical Dispute Arbitration Law has differed considerably in legislative content depending on the main body of proceeding the enactment, which subsequently was given the mixed comments of 'Act on Malpractice-related Damage Relief' or 'Medical Indemnity Act', and this legislative bill also cannot be free from this debate. It is desirable that medical disputes between doctors and patients be resolved through conciliation between the parties concerned. But, because reaching a compromise is difficult owing to deep emotional conflicts between the parties, difficulties in investigating a cause and requiring a high amount of settlement money, etc., it is inevitable to seek a resolution by third party intervention. By the way, such an arbitration by third party is based on the compromise of the interested parties and thus has a limitation of not being able to satisfy both parties completely. Therefore, the legislative bill made for arbitration of medical disputes between the parties will have to prepare an institutional system for the parties to easily understand and accept. Also, problems occurred in the legislative bill will have to be corrected through an in-depth discussion in order for the legislative bill to work as an effective system.

• Journal of the Korean Institute of Landscape Architecture
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• v.28 no.4
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• pp.75-90
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• 2000

This study suggests the methods of the assessment and creation of biotopes in small and medium sized cities, in Korea. For this purpose, Chonju city was selected to classify and asses the biotope types. Moreover, relevant legislations to conserve and enhance urban biotopes were examined. The results of this study are as follows: 1) There were two approaches to asses the potential of urban biotopes in medium-sized cities. One was the urban scale evaluation for urban green spaces and the other was the biotope scale evaluation for the classification and evaluation of biotopes. 2) The urban scale evaluation was developed through overlaping analysis of landuse and vegetation factors. This study also included the conception of watershed. In this conception, three watersheds in Chonju city were characterized. According to these characteristics, individual programs for conservation and enhancement of urban green space were suggested. 3) For the biotope scale evaluation, Selected site was inclusively mapped and field investigation actually was carried. There were total 9 types of bitopes. Especially landuse was appeared in various evaluation items were vegetation structure, area of green space, condition of vegetation and vegetation profile. Mt, Gonji and Dukjin park, Chonbuk national University and fields were evaluated highly I the potential. 4) The biotope programs were based on the results of assessment and physical characteristics of biotopes. The uniform and simple levels on vegetation must be modified with various levels of vegetation structure and vernacular plants. And the physical characteristics like Points, Corridors and Patches can be organized by the conception of biotope networking theory. 5) The proper legislative environment was the clue elements for the biotope programs. Until now, only five types of parks and two types of green space are defined and the minimum size of green space has been proposed by the law. So, it is necessary to enlarge the conception of green space in legislation and improve the quality of green space by amending the related regulations. This study has limitation because it was selected only in Chonju. Through the continuous studies, we need to apply this other small and medium sized cities, South Korea. Also the data collection and management of theme maps such as actual vegetation, landuse and a soil must be done preliminary.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 2000.04a
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• pp.330-336
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• 2000

This paper discusses the potential of system dynamics modelling to support balanced scorecard. The balanced scorecard is a conceptual framework for translating an organisation's strategy into a set of performance indicators. These performance indicators are distributed across the 'classic'model's four perspective: Customers, Internal Business Processes, Financial, and Learning and Growth. This balanced scorecard, whilst having significant strength, suffers from the limitation of all performance indicator systems, namely that the interrelationships between indicators are overlooked and there is no way of taking into account the impact of delayed feedback which flows from introduction of new policy and legislative changes. System Dynamics is a methodology for understanding complex problems where there is dynamic behaviour and where feedback impacts significantly on system outcomes. System dynamics provides a rigorous basis for qualitative testing of the effects of performance indicators in complex environments such as health or social security. This can be supplemented with quantitative system dynamics simulation tools that further test the validity of indicators and the business rules implicit in them. System dynamics modelling has an important role to play in extending feedback cycle in performance measurements to a full systems approach.

• Journal of Arbitration Studies
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• v.10 no.1
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• pp.3-25
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• 2000

At its thirty-second session in 1999, the UNCITRAL had before it the requested note entitled "Possible future work in the area of international commercial arbitration." After concluding the discussion on its future work in the area of international commercial arbitration, it was agreed that the priority items for the working group should be conciliation, requirement of written form for the arbitration and enforceability of interim measures of protection. the Commission entrusted the work to the Working Group on Arbitration which held its thirty-second session at Vienna from 20 to 31 March 2000. The Working Group discussed agenda item 3 on the basis of the report of Secretary General entitled "Possible uniform rules on certain issues concerning settlement of commercial disputes : conciliation, interim measures of protection, written form for arbitration agreement." At its thirty-three session in 2000, the UNCITRAL had before it the report of Secretary General on agenda item 3 discussed by the Working Group. The Working Group discussed the issues relating to certain aspects of conciliation proceedings ; (1) Admissibility of certain evidence in subsequent judicial or arbitral proceedings ; (2) Role of conciliatior in arbitration or court proceedings ; (3) Enforceability of settlement agreements reached in conciliation proceedings ; (4) Other possible items for harmonized treatment : a) Admissibility or desirability of conciliation by arbitrators b) Effect of an agreement to conciliate on judicial or arbitral proceedings c) Effect of conciliation on the running of limitation period d) Communication between the conciliator and parties ; disclosure of information e) Role of conciliator. It was generally considered that decisions as to the form of the text to be prepared should be made at a later stage when the substance of prepared solutions would become clearer. However, it was noted that model legislative provisions seemed to be appropriate form for a number of matters proposed to be discussed in the area conciliation. There was general support in the Working Group for the proposition to perpare a legislative regime governing the enforcement of interim measures of protection ordered by arbitral tribunals. It was generally considered that legislative regime should apply to enforcement of interim measures issued in arbitration taking place in State where enforcement was sought as well as outside that State. It was generally observed that there was a need for provisions which conformed to current practice in international trade with regard to requirements of written form for arbitration agreement. The view was adopted by the Working Group that the objective of ensuring a uniform interpretation of the form requirement that responded to the needs of international trade could be achieved by : preparing a model legislative provision clarifying, for avoidance of doubt, the scope of article 7(2) of the UNCITRAL Model Law on International Commercial Arbitration : and adopting a declaration, resolution or statement addressing the interpretation of the New York Convention that would reflect a broad understanding of the form requirement. There was general agreement in the Working Group that, in order to promote the use of electronic commerce for international trade and leave the parties free to agree to the use of arbitration in the electronic commerce sphere, article II(2) of the New York Convention should be interpreted to cover the use of electronic means of communication as defined un article 2 of the Model Law on Electronic Commerce and that it required no amendment to do that. The UNCITRAL may wish to consider to the desirability of preparing uniform provisions on any of those issues concerning conciliation and arbitration proceedings, possibly indicating whether future work should be towards a legislative text or non-legislative text.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.147-176
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• 2011

China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

• Journal of Information Technology Services
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• v.12 no.3
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• pp.151-163
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• 2013

It is no doubt that information technology is the key factor of national safety. Information technology is positively useful for national security such as crime prevention and detection, criminal investigation, disaster management, and national defense. However, it might be a threat to the security as we saw in the examples such as '3.4 DDoS attacks' and 'Nong-hyup Computer Network Failure.' Although the effect that information technology makes upon the national security is immense, the current legal system does not reflect these changes well. National security should be kept during 'prevention-response-recovery' process regardless it is in the online on offline. In addition, public administration for national security should be based on laws. However, the current legal system is lack of legislative basis on cyber and physical disaster, and the laws on the response to disaster might cause confusing. Therefore, this study examines the limitation of the current legal system on national security, and suggests directions for the development of the system based on the new establishment of the legal concept for 'national security'.

• The Journal of Korean Medicine
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• v.21 no.4
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• pp.159-173
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• 2000

Objectives : First, to restore reliability of oriental prescriptions that are effective against incurable diseases, Second, in the short term, to secure the validity of traditional remedies with the help of accumulated data and in the long term, develop new therapeutic methods and prescriptions in order to broaden its aspect in the field of medicine. Third, to maintain predominance on oriental therapeutic methods and put it into practical use based upon the results obtained by this paper. Methods : In the primary sub-thesis(herbalogical analytic methods applied on unknown oriental prescriptions), models of analytic method and in gathering information that could be put into practice are being revised In the secondary sub-thesis(method in gathering and analysing in dealing with oriental prescription), several statistical approaches and analysis on data that has been gathered are being revised. In the tertiary sub-thesis(research on legal guarantee of the offerer rights), an alternative scheme that covers the limitations of the legislative content in dealing with offerer rights is being revised Results : This research has revealed several problems, including those which were foreseen, in proceeding with the project. The prospect of the involvement of the medical personnel engaging in the field of oriental medicine was remarkably bright. Given the condition that the project will proceed as it follows, unknown oriental prescriptions and remedies which have been particularly ignored will eventually play an important role in clinical practice. Conclusions : It is clear to everyone that these oriental remedies will remain ignored by the public unless they gain popularity. Strict verifications on these oriental remedies are definitely needed in order to overcome this limitation. Finally, it should provide a momentum in the field of medicine in gaining popularity to the public.

• The Journal of the Korea Contents Association
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• v.12 no.12
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• pp.647-660
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• 2012

Korea in the era of population aging has a limitation on the welfare policy that treats the elderly as a weak person. Plans of supportive structure and maintenances of institution that can reanimate vitality of the healthy or motivated seniors in our society are very important to society that ageing is ongoing. When health and economic situation of the elderly has been weakened, our country needs to review and remake the social system or environment which helps to activate seniors` abilities and be able to become independent life through maintenance of seniors`participation structure. In this study, I will research the necessity of active support and suggest the improvement ways of legal system; not only focusing on living supports that treats unconditionally the elderly as weak person.

• Journal of Digital Convergence
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• v.15 no.1
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• pp.45-52
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• 2017

According to the change in media environment, a support plan for local broadcast has been required. In terms of legal and institutional support for the development of local broadcast, the enactment of special Act for local broadcast has become a breakthrough. In this point of view, we analyzed the performance and the limitation of the special Act. As a literature research, analyzing the literature and related-ordinances, we have sought legal and institutional support plans for the local broadcast. As a result, with the Local Broadcast Development Council being in charge of legislative right and responsibility, a plan to empower them to have legal and institutional authority should be drawn; another plan to secure independence in operating a fund and to promote the capability to produce local broadcast programs and the distribution system should be drawn; the other elaborate plan for the locality index that assesses the locality is required. Local broadcast should be on a way to secure not only public interest and concern but locality and diversity; legal and institutional plans should be sought.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.9-53
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• 2004

This paper described the contents of theme entitled "Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea" including the current example of fourteen countries' legislation ((1) Great Britain, (2) United States of America, (3) Canada, (4)European Union), (5) Germany, (6) France, (7) Italy, (8) Spain, (9) Swiss, (10) Australia, (11) Japan, (12) People's Republic of China, (13) Taiwan, (14) North Korea) relating to the aviation law or air transport law. Though the Korean and Japanese aviation act has provided only the public items such as (1) registration of aircraft, (2) persons engaged in aviation, (3) operation of aircraft, (4) aviation facilities including airport, (5) air transport business, (6) investigate of aircraft accidents etc., but they could not regulated the private items such as the legal relations of the air transport contract (1) air passenger ticket, (2) air luggage ticket, (3) airway bill, (4) liability of air carrier, (5) amount of compensation for damage caused by aircraft accidents, (6)jurisdiction, (7) arbitration, (8) limitation of action, (9) combined carriage, (10) carriage by air performed by an actual carrier other than contracting carrier, damage caused by aircraft to the third parties etc. in their aviation act until now. In order to solve speedily the legal problems on the limitation of air carrier's liability and long law suit and disputes between wrongdoers and survivors etc, it is necessary and desirable for us to enact a new "Draft for the Air Transport Act" including the abovementioned private items. I would like to propose personally and strongly the legislation of "Draft for the Air Transport Act" in Korea in emphasizing the importance of ensuring protection of the interests of consumers air passengers and shippers in carriage by air and the need for equitable compensation between air carriers and survivors caused by the aircraft accidents such as the German Air Transport Act (Luftverkerhrsgesetz).