• The Journal of the Korea institute of electronic communication sciences
• /
• v.8 no.10
• /
• pp.1523-1528
• /
• 2013

This study examined some implications affected from that right to information access, among them that make up the core Web accessibility stipulated the Disability Discrimination Act that excepted visually impaired masseur, in addition to the professional diversity in present. Through that sought policy suggestions about direction of legislation and revision for improving Web accessibility for achievable professional diversity as a basic mechanism.

• The Korean Society of Law and Medicine
• /
• v.23 no.3
• /
• pp.89-115
• /
• 2022

In this article, the Medical Act, the Emergency Medical Act, Act on remedies for injuries from medical malpractice and mediation of medical disputes were reviewed and interpreted based on the Civil Act. In the health and medical field, there are various laws that reflect changes in the medical field due to the development of health and medical technology, and their revision is very frequent. And the legislation has become very complicated. They contradict each other or require interpretation. In this situation, a person must take considerable care not to violate the law. In many cases, specific guidelines or authoritative interpretation are required to apply the law. Even guidelines and authoritative interpretations often conflict with civil law. In this article, errors in the legal text related to health care were found. In addition, it found a case that contradicts the civil law perspective in interpretation. Thus, it was confirmed that civil legal thinking was necessary to legislate, interpret, and apply health care-related laws.

• Journal of Families and Better Life
• /
• v.21 no.5
• /
• pp.145-153
• /
• 2003

The Ministry of Construction & Transportation revised the full text of 'The Act for Promoting Housing Construction' that concentrated to the quantitative supply of houses into 'Housing Act' in order to improve the quantity as well as quality of housing construction and management, such as housing welfare, management or improvement of previous houses, in October 2002. Accordingly, local authority need to play more critical roles in the area of multi-family housing management and remodeling. The desirable roles of local authority called for the need are like followings: 1. Local authority should provide professional knowledge for education, direction and consultation of multi-family housing management rather keeping the previous role to control, manage and regulate it. 2. The multi-family housing management should be changed from administration and punishment to incentive-centered institutions. 3. It is necessary to consider neglected people, such as occupants of rental apartment or of a small-sized multi-family housing, who have been excepted from the subject of obligatory management under the current law. 4. For harmonious and professional housing management, local authority need to support the establishment or special companies for housing management and to strengthen the audit on trust management companies. 5. It calls for the studies on management guideline of multi-family housing, standardization of management specifics, reasonable standard for special mending appropriation amount, etc. 6. They should lead the composition of a community by residents harmoniously and support the encouragement of community consciousness to live together.

• Journal of Arbitration Studies
• /
• v.26 no.2
• /
• pp.115-134
• /
• 2016

Arbitration is a consensual process in which a dispute is resolved by an impartial arbitrator outside the courts. Arbitration is flexible, neutral, time- and cost-efficient, and confidential. In 1985, the United Nations Commission on International Trade Law(UNCITRAL) enacted the UNCITRAL Model Law on International Commercial Arbitration to help countries reform and modernize their arbitration laws. In 1999, South Korea adopted the model law. Later in 2006, UNCITRAL amended the model law to promote international arbitration. The amended model law includes, among other things, specific provisions regarding interim measures. In 2016, in order to adopt the newly amended version of the model law, South Korea revised its Arbitration Act. The revised act includes a more comprehensive legal regime regarding interim measures, including definitions, types, processes, requirements, the court's recognition and enforcement, and liability. This paper examines the revision of the Arbitration Act of Korea and its legislative intent, presents the problems, and offers recommendations for resolving the problems.

• Korean Journal of Childcare and Education
• /
• v.9 no.5
• /
• pp.381-405
• /
• 2013

This study aims to prepare basic resources for the development of child-care by figuring out the main characteristics of child-care history, laws, and current status in Korea. First of all, in the section of child-care history, the overall trend of child-care affaires were examined by classifying it into stage 1-Child Welfare Act, stage 2-Early Childhood Education Promotion Act, stage 3-Initial Period of Child-Care Act and stage 4-Complete Revision of Child-Care Act. Second, as for child-care related laws, basic laws such as Infant and Child-Care Act, and related laws such as Early Childhood Education Act and Child Welfare Act and other related laws such as Equal Employment Opportunity and Work Family Balance Assistance Act, act on Support for Disabled Children's Welfare and Social Welfare Services Act, the information related to child-care was specified. Third, as for current status of child-care, general status, status of child-care centers and children, and types of child-care centers were examined respectively.

• The Korean Society of Law and Medicine
• /
• v.19 no.2
• /
• pp.99-137
• /
• 2018

Under the Korean law, there are two routes of involuntary civil commitment of the mentally-ill: involuntary commitment process under the Mental Health Act (MHA) and the guardian's commitment backed up by family court approval under article 947-2 (2) of the Civil Code. Despite of the recent fundamental revision of MHA in 2016, the Korean involuntary commitment law has still serious flaws, especially the lack of due process like prior notice, hearing, and independent guardian ad litem for the mentally-ill, which has been pointed out also by the Korean Constitutional Court. Thus, a re-revision is inevitable, and this time, we should proceed to rebuild the underlying structure of involuntary commitment. In this regard, it is crucial to eliminate the old-fashioned and unjustifiable burden as well as power of the so-called responsible person to protect the mentally-ill and to readjust the causes and standings to petition of the various types of involuntary commitment process. Also it is necessary to repeal involuntary commitment by guardian under the Civil Code, article 947-2 (2), which can no longer harmonize with modern involuntary commitment system.

• Journal of dental hygiene science
• /
• v.20 no.2
• /
• pp.97-106
• /
• 2020

Background: In Korea, laws for many medical technicians were revised in the Enforcement Decree of the Medical Technicians Act (MTA), which was announced on December 2018, whereas those related to dental hygienists remained unchanged. This study aimed to determine the awareness and opinions of dental hygienists regarding MTA. Methods: Dental hygienist were recruited as participants via convenient sampling in Seoul, Gyeonggi-do, and Chungcheong-do; data from 291 self-reported questionnaire responses were used for the final analysis. We investigated the participants' general characteristics, awareness, and request for the amendment of the MTA. The compliance with the work scope specified in the MTA and level of demand for revision of the MTA were analyzed by independent t-test and one-way analysis of variance. For all statistical analyses, the significance level was set at 0.05. Results: For the 2018 MTA revision, 99 (34.02%) knew that dental treatment assistance and surgery assistance were excluded, whereas 192 (65.98%) did not know. The item "The current medical technician law must be revised" was scored 4.13±0.80 out of 5 points, and significant differences were identified according to the education level, career, and position (p<0.05). The item "It is necessary to institutionalize the expanded work scope beyond the work scope of dental hygienists specified in the MTA" was scored 4.02±1.04 out of 5 points, and significant differences were identified according to age (p<0.05). Conclusion: The participants wanted the MTA to be revised to reflect the real-world work performed by dental hygienists in the dental clinical field. The legal system must ensure the legal protection of the work area of the dental hygienist as an oral health professional, and recognize the legal work scope of the dental hygienist.

• International Commerce and Information Review
• /
• v.11 no.1
• /
• pp.309-331
• /
• 2009

In 25th April. 2008, the Korea legislature gave advance notice on the Revision Bill of Commercial Law in Insurance Division in partial, one of which is the principle of utmost good faith to be codified in accordance with the effectuation of the Revision Bill enforcement. For this, even though the disclosure duty is not included in the Revision Bill, it should also be discussed in relation to the principle of utmost good faith because it is based upon the principle of utmost good faith and forms a part of utmost good faith. In Marine Insurance industry in Korea, there are the sections and the clauses in relation to the English governing law included in the Policies and the Clauses used in Korea and, also, they still come into effect for the Korea Courts' judgements. So. we, Korea, should carefully pay attention to the trend of English courts' leading case, academic world and insurance industry on the disclosure duty in U.K. This study is thus based upon sections 17 and 18~20 of the Marine Insurance Act 1906 and sections 651, 652 and 655 of Commercial Law in Insurance Division, which appear throughout this work. The objective of this work is to analyse the duty of disclosure on Korean and English Insurance Laws including cases cited in this work, comparing the differences resulted from the analysis of the two countries‘laws and legal cases.

• The Journal of Fisheries Business Administration
• /
• v.43 no.1
• /
• pp.63-74
• /
• 2012

The Korean Conflict of Laws Act recently incorporated much of the European Union's recent revision in "EC Convention on the Law Applicable to Contractual Obligations (Rome 1980)"(hereinafter Rome Convention). With the revision of Rome Convention applied to contractual obligations,"Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)"(hereinafter Rome I) has taken effect on December 2009. Before the effectivation of Rome I, "Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)"(hereinafter Rome II) has come into effect on January 2009. This means the revision of certain rules and its practical implications need an in-depth study on governing law rules under Rome I which provides newly effected governing laws applicable to contractual obligations. Moreover, uniform choice of law rules on non-contractual obligations needs to focus especially on marine insurance contract. Where policy assignment and subrogation causes, how to decide the governing law which will be applied to the insurer as a third party? This article attempts to analyze emerging legal issues in legal regimes determining choice of law, especially those in international marine insurance contracts. This will help Korean practitioners to be dialed in legal affairs under English Law as the governing law in their contracts.

• Korean Security Journal
• /
• no.1
• /
• pp.321-350
• /
• 1997

This thesis is an attempt to find out ways and means needed to improve the disaster management system in Korea(Chap. Ⅰ). For this purpose, I have first reviewed various crisis management systems of foreign countries such as the United States, England and Japan(Chap. Ⅱ), and also reviewed that of our own country(Chap. Ⅲ). All of us knows that our disaster management system has been reestablished through the enactment of the Disaster Management Act of 1995 and the full revision of Natural Harzards Management Act of 1995 after a series of catastrophic man-made disasters since 1993. I took a general survey of the contents and characteristics of the newly made Disaster Management Act(Chap. Ⅳ), and Finally, as a conclusion of this research(Chap. V), I indicated a few disputed points on the Disaster Management Act and suggested several alternatives to improve our crisis management system. The alternatives suggested are as follows (1) Reinforcement of prevention-centered policy and expansion of investment (2) Specialization of the crisis management man-power and securing the rescue equipment (3) Arrangement of the various lessons on crisis and reinforcement of educational training against the disasters (4) Building the cooperative systems between the civil organizations (5) An opinion towards the issues on the unifying the law systems and reorganizaing the new independent institution for the crisis management