• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.75-103
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• 2020

There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

• Journal of Chest Surgery
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• v.16 no.3
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• pp.281-288
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• 1983

Heparinization is an essential step in extracorporeal circulation for open heart surgery. But wide individual variation to heparin effect sometimes makes it difficult to anticoagulate safely or neutralize appropriately. Because the conventional set protocol of heparinization did not consider this individual variation, a new method of control of heparinization was proposed by Dr. Brian Bull in 1974. We compared the group in which a conventional set protocol was used [Control group] with the other in which a new protocol modified from that of Bull was used [ACT group], on the aspects of the dosages of heparin and protamine administered and postoperative bleeding. Our conventional protocol [Control group] consisted of: 1. Initial heparin was given at dose of 350U/Kg into the right atrium prior to bypass. 2. Additional heparin was given every hour during E.C.C., as much as a half of the Initial dose. 3. 600U of heparin was mixed into every 100ml. of priming solution. 4. The protamine dose was calculated by totalling the units of heparin given to the patient and giving 1 .8mg. of protamine per 100 units of heparin. ACT protocol [ACT group] consisted of: 1. Initial heparinization was same as that of conventional protocol. 2. ACT`s were checked before [A point] and 10 minutes after initial heparinization [B point]. With these 2 points, a dose response curve was drawn. 3. Heparin for the priming solution was same as in control group. 4. Every 30 minutes during E.C.C., ACT`s were checked with Hemochron [International Technidyne Corp.]. ACT between 450 and 600 seconds was regarded as safety zone. If ACT checked at a time was below 450 seconds, heparin dose was calculated on the dose-response curve to lengthen ACT to 480 seconds and was given into the oxygenator. 5. About 10 minutes before the term of E.C.C., ACT was checked to estimate the blood heparin level at the time. Then, protamine dose was calculated at dose of 1.Stag per 100 units of heparin. The calculated dose of protamine was mixed into 50 to lO0ml of 5% Dextrose Water and dripped intravenously during the period of 15 minutes. Compared these two groups mentioned above, results were obtained as follows: 1. Mean value of normal ACT checked with Hemochron on 30 preoperative patients was 124 seconds [range 95-145 sec.]. 2. Doses of heparin and protamine given to the patient were decreased in ACT group as much as 32.2% and 62.2% respectively. 3. Postoperative bleeding and transfusion were also decreased in ACT group in 60.5% and 67.1% respectively. 4. Our modified dose-response curve did not cause any problems in the control of heparinization. 5. Initial heparinization [Heparin 350U/Kg] was sufficient for the most patients until 60 minutes under extracorporeal circulation. 6. We used 1.5mg of protamine to neutralize 100 units of heparin. But smaller dose of protamine may be sufficient for appropriate neutralization.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.101-124
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• 2007

The legal systems and open-door policies to foreign affairs in North Korea have been followed by those of China. Whereas an arbitration system of South Korea accepted most parts of UNCITRAL Model Law, North Korea has succeeded to an arbitration system of a socialist country. China, under the arbitration system of socialist country, enacted an arbitration act reflected from UNCITRAL Model Law for keeping face with international trends. We have used these three arbitration system as a tool for analyzing an arbitration system in North Korea. With an open-door policy, North Korea and China enacted an arbitration act to provide a legal security. Therefore, the core parts of arbitration system in North Korea and China are based on a socialist system while those of South Korea is on liberalism. So, North Korea and China enacted an arbitration act on the basis of institutional arbitration, on the other side, South Korea is based on ad-hoc arbitration. Because of these characters, in terms of party autonomy, it is recognized with the order as South Korea, China and North Korea. Also North Korea enacted separate 'Foreign Economic Arbitration Act' to resolve disputes arising out of foreign economies including commercial things and investments. There are differences in arbitration procedures and appointment of arbitrators : South Korea recognizes parties' autonomy, however parties should follow the arbitration rules of arbitration institutes in North Korea and China. According to an appointment of arbitrators, if parties fail to appoint co-arbitrators or chief arbitrators by a mutual agreement, the court has the right to appoint them. In case of following KCAB's rules, KCAB secretariats take a scoring system by providing a list of candidates. A party has to appoint arbitrators out of the lists provided by arbitration board(or committee) in North Korea. If a party may fail to appoint a chief arbitrator, President of International Trade Arbitration Board(or Committee) may appoint it. In China, if parties fail to appoint a co-arbitrator or a chief arbitrator by a mutual agreement, Secretary general will decide it. If a arbitral tribunal fails to give a final award by a majority decision, a chief arbitrator has the right for a final decision making. These arbitration systems in North Korea and China are one of concerns that our companies take into account in conducting arbitration procedures inside China. It is only possible for a party to enforce a final arbitral award when he applies an arbitration inside North Korea according to International Trade Arbitration Act because North Korea has not joined the New York Convention. It's doubtful that a party might be treated very fairly in arbitration procedures in North Korea because International Trade Promotion Commission controls(or exercises its rights against) International Trade Arbitration Commission(or Board).

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.419-477
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• 2017

In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

• International Commerce and Information Review
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• v.8 no.1
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• pp.125-141
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• 2006

It is no unnecessary to tell the importance of foreign trade in Korea economics. Nevertheless, government's direct support is impossible owing to WTO's regulation. Accordingly, government have brought focus into trade facilitation as paperless trade. e-Trade document repositary building by government's budget and private sector's cooperation is a part of e-Trade platform and necessary function in connection with relay and certification of e-Trade document. This study examined the estimated operational problems of e-Trade document repositary as compared Licensed Electronic Document Repositary. Firstly, the operator of e-Trade document repositary undertake multiple role and function as Licensed Certification Authorities(e-sign Act), Licensed Electronic Document Repositary(Framework Act on Electronic Transaction) etc. Secondly, sufficient levy that meet operating cost of the e-trade document is the key point of e-Trade document repositary's success, because additional budget invest in that operation is too hard to do. Thirdly, the operator of the e-Trade document repositary have to keep fairness, objectivity and transparency because the operational right is exclusive.

• Journal of Korean Physical Therapy Science
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• v.10 no.2
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• pp.112-122
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• 2003

The purpose of this study is to search effect that GCM joint treatment gets to right and left range of motion of neck, lumbar, trunk and anke joint. Estimated body deformity using GCM body type assesment chart then measured range of motion of each region. After control group did as act freely after do experiment premeasurement control group did postmeasurement. Each region was measured by measurer who each subject person differs. Experimental group did GCM joint treatment and all measurements each region by measurer who each subject person differs three times measured. When measure with each measurement, measured after leave and walk time interval for 10 minutes. For the analysis of the resulr of experiment the results is change amount comparison increased to keep in mind except ankle joint's dorsiflexion before experiment of experimental group and control group(P<.05). Before an experiment and after an experiment of experimental group, differed to keep in mind in right and left comparison of neck rotation, dorsiflexion, plantaflexin of ankle joint in change amount comparison(P<.05). Neck lateral flexion appears and displayed significantly level right and left difference than rotation after experiment of experimental group(P<.05). Because dorsiflexion, plantefleaion of ankle joint became similar right and left significantly difference did not appear(P<.05).

• Journal of Korean Society for Atmospheric Environment
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• v.29 no.1
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• pp.105-115
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• 2013

The Korean government amended the Environmental Technology and Industry Support Act to foster the environment industry and support the advancement of domestic environmental companies into overseas markets. The amended act reflects changes in the government's policies on environment related issues. This paper uses outcomes of research conducted on environmental policies in foreign countries and the current status of the domestic environment industry to present long-term strategic plans and measures to support the expansion of environmental companies into the global markets and to vitalize the environment industry at home. The suggestions for assisting domestic companies in making inroads into overseas markets are as follows: building up and expanding cooperative network; fostering promising companies and exports by making the right choices and focuses; diversification of export markets and strengthening supports for development of new customers; promoting supports for winning overseas projects; and developing cooperative projects to respond to climate change in developing countries using the Global Climate Fund (GCF).

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.83-105
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• 2017

In contemporary society interest in and consumption of beauty treatment are increasing, raising interest in health and beauty. However, beauty-related laws are becoming factors of hindrance of beauty development. Currently the Public Health Control Act plays a basic role in the beauty art business in Korea, However the contents are in discord with international laws and its definition is not clear. Therefore it is causing conflicts of different occupations and job associations which are similar to art business. Especially, because neither definitions nor policies on beauty care devices exist in the Public Health Control Act, beauty care devices using in foreign countries cannot be used in Korea due to classification as medical devices. Under this circumstance, therefore, beauty care device uses by beauty artists violate the law. The government has tried to solve these irrational regulations. Recently, the Small and Medium Business Administration announced 'the improvement plan of small business and young founders site regulation for public economy recovery' in a ministerial meeting on December 28, 2016. Regulations on policy preparation for skincare devices were inclusive in this announcement. It is the question whether the regulations will be executed or not. Even though beauty industrial competitiveness was presented in the 18th Presidential Council on National Competitiveness in 2009, it was not practiced. The proposal bills for beauty law improvement have been put forth several times since 2000 including an improvement plan for regulating beauty care devices. However, so far there have been no improvements. The damage on the regulation classifying beauty devices as medical devices is not only restricted to skincare. This develops beauty devices and the beauty industry which imports and exports beauty devices. When beauty devices are exported, complicated procedures are unavoidable and when beauty devices are imported, irrational problems like reregistration procedures and costs occur. The reason why an improvement plan has not gone into practice is the resistance of the dermatologists' association. Dermatologists tend to stand positively against harming public health by saying that beauty devices used by beauty artists cause people to suffer side effects. In contrast, anyone who has a licence to use beauty devices is able to use them in foreign countries. It is not only infringement of one's right as a beauty artist but also people's right to receive beauty care services. With this reason, Korean's current law under which beauty devices are ruled as medical devices should be revised with accordance to domestic surroundings. Therefore in order to advance and globalize the beauty industry, the support and cooperation of the Korean government and relevant associations is needed to legislate and revise the beauty devices laws. The relevant associations abandon regional self-centeredness and cooperate to define ranges, size and management of beauty devices for safe use. If no collaboration exists, an arbitration agency should be established to solve the problem.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.323-361
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• 2009

In Korea, Abortion in the Criminal Law is an illegal act in exception of on which abortion may be carried out through the grounds are very limited and related such a emergency situation of women'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 th reform the existing regulation and increase th effectiveness of the regulations. Recently, in a case of the a maternity hospital where a midwife left alone a diabetes pregnancy women who had a baby, and the overweight baby(5.2Kg) died in the uterus due to hypoxic states. Supreme Court of Korea 2007.6.29. 2005do3832) had given a verdict of "not guilty". It looked like there were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law. 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.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.8 no.4
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• pp.35-44
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• 2018

Unlike other lawsuits, patent infringement litigation is a very difficult case to grasp without expert knowledge of the patented technology. The Patent Agent Act seems to recognize the legal representation of patent agent in Article 8, but the Constitutional Court and the Court have refused to recognize patent agent's legal representation right in the patent infringement suit. In this regard, constant controversy is taking place among patent agents and lawyers. This study examines the measures to enhance the effectiveness and professionalism of patent litigation in patent infringement litigation. This study analyzes the role of patent attorneys in patent infringement lawsuits in major countries and derive rational alternatives. As a result, it is inappropriate to restrict the attorneys' automatic acquisition of patent attorneys' qualifications or revise the patent attorneys' law in relation to the patent attorney's right of proxy. In the case of litigation parties, it is a desirable alternative to introduce a revised patent attorney system for the fundamental problem solving and to allow the litigants to reasonably choose the litigation agent.