• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.3-29
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• 2014

The Supreme Court made a decision that the doctor cannot be punished for not taking a blood transfusion to the patient, depending on the patient's will to refuse the blood transfusion on June 24, 2014. The reason is that, in a special situation of conflict between the right of patients to self-determination and the duty of care, and when it was impossible to compare whether which has the superior value, if the doctor made a medical practice to respect either of those two values according to the professional sense, he cannot be punished. In principle, the doctor should make medical practices according to the patient's will. However, if the patient's life was at stake, I think, the doctor is obliged to try his best to save the life of patient. Yet to entrust the patient's life to the doctors professional sense, is to give up the obligation of the country to protect lives. In this regard, I think that the Supreme Court Decision should be reviewed, and that an ongoing research is needed.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.33 no.4
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• pp.385-394
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• 2023

Objectives: Firefighters could be exposed to a range of toxic chemicals during firefighting. When tyre burns, various toxic chemicals including volatile organic compounds(VOCs) could be emitted. In this study, the researchers assessed the VOC exposure of firefighters during tyre fire suppression through biomonitoring. Methods: There was a big tyre fire on 12 March 2023. Of the responding firefighters, we recruited 14 participants to collect their urine after firefighting. One week later, researchers collected firefighters' urine again right after their off-duty period. We analyzed each metabolite of benzene, toluene, xylene, and styrene in urine and compared their exposure level based on sampling time. Results: The detection rate for metabolite of benzene, toluene, styrene, and xylene in urine sampled at each time was 43%-64%, 100%, 86%-100%, and 100%, respectively. Except for the benzene, metabolite levels measured in urine after firefighting were similar to that from off-duty period. However, the median concentration of benzene metabolite in urine sampled after firefighting was three times higher compared to that from off-duty period(34.2 ㎍/g crea. and 10.9 ㎍/g crea., respectively.) The estimated airborne concentration of benzene calculated from metabolite level in urine was 0.16 ppm, which exceeded the recommended exposure level set by the National Institute for Occupational Safety and Health. Conclusions: This study shows that firefighters could be exposed to the high level of VOCs including benzene during their firefighting especially at tyre fire. These results could be used as a valuable data to prove firefighters' exposure to hazardous chemicals during their duty.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.37-80
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• 2022

By analyzing informed consent and the refusal of emergency medical treatment (called patient dumping) under the current Emergency Medical Service Act, this study suggests that an emergency medical professional is only liable for patient dumping if their duty to protect the patient's life takes precedence over the patient's right to self-determination. In emergency medical situations, as in general medical situations, medical treatment should be performed after the emergency medical professional informs the patient about the medical treatment, including its necessity and methods, and obtains consent from the patient. Refusing or evading the performance of emergency medical services on the excuse of the informed consent not considering a waiver or alteration of informed consent requirements without reasonable reasons violates the Emergency Medical Service Act and thus makes an emergency medical professional liable to administrative disposition or criminal penalty. In other words, depending on the existence of a waiver of alteration of the informed consent, patient dumping may be established. If the patient is a minor or has no decision-making ability, and their legal representative makes a decision against the patient's medical interests, the opinion of the legal representative is not unconditionally respected. A minor also has the right to decide over their body, and the decisions of their legal representatives should be in the patient's best interests. If the patient refuses treatment, in principle, the obligation of life protection of emergency medical professionals is the top priority. However, making these decisions in the aforementioned situations in the emergency medical field is difficult because of the absence of explicit regulations regarding these exceptional problems. This study aims to organize the following precedents of the Supreme Court of Korea. The court states that, when balancing the conflicting interests between the duty to provide emergency medical service and the duty to inform is unavoidable for emergency medical professionals, they should put the duty to protect the patient's life ahead of the duty to inform if the patient's life matters. Exceptionally, when a patient has seriously considered whether they should receive treatment before the emergency medical situation, their right to self-determination can be considered equal to the obligation of emergency medical professionals to provide emergency medical treatment. This research also suggests that an amendment of the Emergency Medical Service Act should include the following. First, the criteria for determining the decision-making ability of emergency patients should consist of medical content. Second, additional consent from a medical professional is unnecessary for first-aid treatment. Finally, new provisions for emergency medical obligations for minors, new provisions for the decision standard when there are conflicting opinions about the treatment of a patient, and new penalty provisions for professionals who suspend emergency medical examinations and treatments need to be established.

• Journal of the Korean Society of Costume
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• v.65 no.7
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• pp.129-144
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• 2015

This study is aimed to better understand the lifestyle and fashion trend of Korea in 1954 and 1955, a period right after the Korean War. The study examined "The Journey of Duty", which was a color slide film of Seoul and Suwon made by a US soldier stationed in Korea during that time, as well as various documents. The films are assumed to be outcomes of the US Army wanting to record the situation in Korea, and the study was able to use 110 of the slides to examine the fashion trend of the times. There are three noticeable trends shown on "The Journey of duty". Koreans in western clothes, women wearing work pants called Momppae, and black color being in fashion. Most of the men and the children either wore only western clothes or western clothes with the Hanbok. But women rarely wore western-style clothing, such as blouse with skirt. They usually wore Hanbok or wore reformed Hanbok. The work pants, Momppae, becoming an everyday wear is the most unique finding from the slides. Women either wore just the pants or over the traditional Korean skirt. Black-colored clothes were in fashion. This color first spread after the Costume Reform Movement in the 1920s' and the prohibition of white robe. The wearing of white clothes did increase after the Korean liberation in 1945, as national spirit was promoted. However, many people still wore black due to economic reasons, as we as practical reasons. So the Korean fashion in 1954-1955 was in a transition period, as people were beginning to change their daily wears from traditional Korean costumes to western-styled clothes. The reasons for this change could be attributed to people only having access to western goods, as well as their awareness of western-styled clothes being more practical.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.1-23
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• 2015

A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach. Appropriate measures are those aimed at lessing the loss as far as reasonably possible. Such measures will typically be a resale of the goods by the seller or a cover purchase by the buyer. The measures the injured party is expected to take in order to mitigate the loss must be reasonable in the circumstances. Article 77 will be applied to the difference between the amount by which the loss should have been mitigated under Article 77. A reduction of damages is the only remedy available to the party in breach in cases covered by Article 77. If the buyer has received the goods and intends to exercise any right under the contract or this Convention to reject them, he must take such steps to preserve them as are reasonable in the circumstances. If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller. Article 86(1) requires that the buyer manifest his intention at the moment of receipt of the goods. Article 86(2) envisages that the goods have been dispatched to the buyer and that they have been placed at his disposal at their destination. Article 87 allows him to deposit them in the warehouse of a third person. It is not necessary that the warehouse by public, or that it be a general warehouse for storage. A party who is bound to preserve the goods in accordance with articles 86 may sell them by any appropriate means taking possession of the goods or in taking them back or in paying the price or the cost of preservation. If the goods are subject to rapid deterioration or their preservation world involve unreasonable expense, a party who is bound to preserve the goods must take reasonable measures to sell them. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2 )which imposes the duty to take reasonable measures to sell the goods. According to Article 88(2), the party who wishes to sell must give notice to the other party of such intention, to the extent possible.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.3-32
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• 2014

Article 77 sets forth the principle of prevention applied in several legal systems. Under this principle the party threatened by ooss as a consequence of a breach of contract by the other party is not permitted to await passively incurrence of the loss and then sue for damages. He is obliged to take adequate preventive measures to mitigate his loss. If the injured party abstains from taking such excessive measures he will not be considered to have failed to mitigate the loss under Article 77. The sanction provided in Article 77 against a party who fails to mitigate his loss only enables the other party to claim reduction in the damages. The reduction in damages under Article 77 is equal to the amount by which the loss should have been mitigated if the injured party had taken reasonable measures to avert or to lessen it. The aim of Article 77 is to encourage mitigation of the loss. The duty to mitigate the loss applies not only to a breach of contract in respect of an obligation whose performance is currently due. but also to an anticipatory breach of contract under Article 71. Article 85 contemplates that the buyer is in delay in fulfilling the latter obligation, or else that he fails to pay the price when payment is to be made concurrently with delivery of the goods by the seller. In both these situations of default, the seller who is either in possession of the goods or otherwise able to control their disposition must take measures, reasonable in the circumstances, to preserve them. The right of retention of the goods y the seller exists until he is reimbursed by the other party for the reasonable expenses incurred. Article 87 and Article 88 of the Convention grant different rights to the party obligated to take steps to preserve the goods; Article 87 allows him to deposit them in the warehouse of a third person, and Article 88 to sell them by whatever means appropriate. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2) which imposes the duty to take reasonable measures to sell the goods.

• Proceedings of the KIEE Conference
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• 1989.11a
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• pp.235-239
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• 1989

This paper investigated the effect of right half plane zero on the transient response in the buck-boost DC-DC converter. And it is clarified that the damping ratio decreases gradually by increases of the feedback loop gain and the regulation system of the converter becomes unstable. From the result, we obtained the stability region about the duty ratio and the output current by evaluating the feedback loop gain.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2006.06a
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• pp.121-122
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• 2006

The legal regime of the high seas has traditionally been characterised by the dominance of the principles of free use and the exclusivity of flag State jurisdiction. It means that the high seas are open to all States, and no State may validly purport to subject any part of them to its sovereignty. but it has not always been so. accordingly, here we discuss the general regime of the high seas in this papaer.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.3-24
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• 2019

This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.11-52
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• 2008

Based on foreign examples and past debates, the minimal conditions for passive euthanasia can be suggested as following; (1) The patient is incurable by modem medical practice and his death is impending (less than 6 months), (2) Euthanasia is practiced solely to relieve physical pain of the patient, (3) If the patient can express his will, there should be a clear and sincere request or consent, (4) More than 2 doctors including doctor in charge should consent, (5) Euthanasia should be practiced in ethical way, (6) Patient family should agree(when the patient will is assumed.) It is hard to resolve issues regarding euthanasia based on past rulings and cases without concrete law. As in United States and Germany, clear and objective provisions of euthanasia and definitive method for patient's advanced directive should be legislated to resolve medical conflict and to relieve patient and family from agony. And death with dignity debate will not be able to proceed if it is only substantively approached because of unclear definition of euthanasia and benefit comparison way of thinking. Thus it is important to establish definitive process to decided legislation of euthanasia act and resolving conflicts arising from each step of the process among interested parties exchanging medical/ethical opinions.