• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.3-32
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• 2020

Under the Korean case law, physicians are obliged to disclose or inform the risk associated with a specific treatment to their patients before they perform the treatment. If they fail to do this, they are liable to compensate pain and sufferings. If the patient can establish that he or she would not have consented at all to the treatment had he or she been informed, the physicians are liable to compensate all the loss incurred by the treatment. In this article, the author examines the legitimacy of this case law from the perspective of legal doctrine as well as its practical affect on the medical practice and the furtherance of self-determination of the patient. The fundamental findings are as follows: The case law that has physicians who failed to inform treatment risk compensate pain and sufferings for the infringement of the right of self-determination seems to be a disguised and reduced compensation of all the loss based on the possible malpractice, which cannot be justified in view of the general principles of tort liability. It is necessary to adhere to the requirements of causation and imputation between the failure to inform treatment risk and the specific patient's consent to the treatment. If this causation and imputation is established, all the loss should be compensated. Otherwise, there shall be no liability. The so-called hypothetical consent defence shall be regarded as a part of causation between the failure to inform and the consent. The suggested approach can preserve the essence of physician-patient relationship and fit for the very logic of informed consent better.

• Korean journal of communication and information
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• v.56
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• pp.175-193
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• 2011

This study explored how South Korean newspapers covered North Korea's second nuclear test in May of 2009. Findings show that South Korean newspapers mostly reported North Korea's nuclear experiment in relatively negative tones. Their coverage mainly focused on the influences of nuclear threat from the North on the military, political and economic areas in South Korea. However, the media's agenda settings and frames were not similar in terms of each paper's political and ideological inclination. Whereas the progressive papers, such as the Hankyoreh and the Kyunghyang Shinmun, recognized that the current nuclear issue in Korean peninsula is getting worse because of South Korea's rigorous pressure on North Korea, the conservative papers, such as the Chosun Ilbo and the Donga Ilbo, see that the deadlock between North and South mainly comes from the system malfunction of North Korea. To prevent the current impasse, the left-side papers emphasized to develop the six-party talk in dealing with North Korean issue, while the right-wing papers paid attentions to the West's sanctions on North Korea and ensuring national security.

• Journal of Digital Convergence
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• v.16 no.10
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• pp.39-47
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• 2018

The purpose of this study is to examine the cases of social integration in immigrants in the Netherlands and to clarify the implications for Korea. The Netherlands is a country that implements social integration policies targeting foreign immigrants. We are preemptively implementing social integration policies for foreigners ahead of us. In this study, first of all, the literature on social integration for the immigrants in the Netherlands and the consultation on the experts were sought and the implications for the Dutch government 's social integration policy were sought. In addition, policy implications were derived based on the results of Dutch case analysis. First, the social integration program of the Dutch government mandated social integration programs for migrants, and the costs were also monetized, encouraging social integration. Also, when participation in the social integration program is passive, it imposes sanctions on migrants and emphasizes the responsibility of individual migrants. In addition, the Ministry of Internal Affairs is the control tower of the government's promotion system, and it has a platform for the unity of social integration programs in local governments. Based on the results of this analysis, the implications for the social integration policy of Korea were suggested.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.87-123
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• 1989

The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."

• The KIPS Transactions:PartA
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• v.14A no.1 s.105
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• pp.25-30
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• 2007

Korea has deeper digital divide between disabled and non-disabled people than other industrialized countries have. This study attributes the deep divide to policy factors and attempts to discern differences in policies concerning IT assistive devices between Korea and America. This study finds that major differences in policy exist between the two countries, and the differences account for Korea's unsatisfactory state of digital divide. Firstly, Korra has different 'perception' of assistive devices. While IT assistive devices are perceived as rehabilitation tools as well as bridges over digital divide in America, they are still foreign to social welfare and rehabilitation of disabled people in Korea. Secondly, the two countries differ in 'enforcement of policy.' In Korea, unlike in America, compliance with regulations on assistive devises is not compulsory. Besides, laws and regulations do not clarify possible sources of financing and legal sanctions, thus their enforcement is hardly effective. Thirdly, Korea's strategy for assistive device 'market' is very different from America's. America has long-term strategies to enliven the market for IT assistive devices. But Korea provided a lump sum of device development fund, and then gave out the assistive devices free of charge. As a result, the IT assistive device market has not been formed, and the foundation for further device development is yet to be constructed.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.9 no.3
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• pp.129-138
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• 2014

After global economic crisis, China has become one of the two pillars in the global economies and the country contributing to the Korean economy. Nevertheless, the research on Chinese financial market, particularly capital market, is rare to date. This study examined the growth enterprise market that emergedat the Shenzhen stock exchange and made comparative analysis on before and after listing for the Chinese small and medium sized firms and venture firms. The listing requirements at the Chinese growth enterprise market for the technologically innovative venture firms and fast-growing small and medium sized firms with financing purpose were more alleviated than the main board of Shenzhen stock exchange. Moreover, the listing procedures are simplified as well. Accordingly, many Chinese enterprises tend to list and the competition for listing is also intense. In particular, with the 36 initially listed firms at growth enterprise market as the research target, the investigation for the business performance before and after listing reveals that the three indexes including return on common equity, debt ratio and operating profit growth rate dropped dramatically for most all the firms. That is, the profitability and growth for the venture firms and small and medium sized firms listed on the Chinese growth enterprise market decreased rapidly after going public, only the stability improved due to the great financing. Taking a step forward, this phenomenon may result from the exaggerated reporting for the business performance before listing with the purpose of going public by the venture firms and small and medium sized firms. Thus, Chinese Securities Regulatory Commission should strengthen the accounting evaluation standard and regulation for the listing firms before going public. In addition, strict sanctions should be imposed on the firms with fraudulent accounting to establish healthy capital market.

• International Commerce and Information Review
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• v.13 no.4
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• pp.297-321
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• 2011

Under the UN Security Council Resolution 1540/1810 in 2004 to restrict the proliferation of WMD (weapons of mass destruction) and their means of delivery, many countries have taken great efforts to, control the export of strategic items, thereby preventing the transfer of ABCM (atomic, biological, chemical weapons, missiles) and technologies and goods related to conventional weapons or dual-use items, Compliance Program (CP) in Korea or Internal Compliance Program(ICP) in Japan refers to a company's internal system or rules to comply with the export control laws and regulations, and is to prevent the unintentional illegal export of strategic items. This paper analyzes the Compliance Program (CP) of strategic export control system between Korea and Japan. Both countries have very similar legal frameworks under the guiding principles of multilateral export control regimes. However, there are some differences in actual procedures, classification service, supporting system, export license, sanctions for illegal exporters, etc. Korea should take more active and customer-oriented measures to promote the Compliance Program (CP) into Korean export companies for better awareness and positive attitude, practical information and education, smoothy government-firm communication, closer cooperation between Korea and Japan, etc.

• International Commerce and Information Review
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• v.14 no.4
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• pp.387-408
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• 2012

This paper have examined the descriptive and legal approaches to the comparison and analysis of major content of direct transport in FTA rules of origin and the primary judicial precedents that arose during the executing process of FTAs. Preferential tariff treatment shall be applied to a good satisfying the requirement of this agreement(annex, article etc.,) and which is transported directly between the territories of the exporting party and importing party. However, products may be transported through territories of non-parties, provided that they do not undergo operations other than unloading, reloading, splitting-up of consignments or any operation designed to preserve them in good condition. During this period the products shall remain under customs control in the country of transit. The low perception of firms on the rules of origin was found to lead to breaking the rule and thus taking up losses. The FTA major countries enacted penalty rules against the violation of the rules of origin and bring civil and criminal suits and administrative sanctions. The types and level of penalties are subject to their domestic laws of each of those nations. With better recognition of major content of direct transport in FTA rules of origin and well-prepared countermeasures, firms will be able to enhance competitive advantage while benefiting from preferential tariffs.

• Journal of Technology Innovation
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• v.28 no.4
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• pp.127-150
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• 2020

The World Health Organization (WHO) declared the third pandemic in history after the Hong Kong flu and swine flu. The outbreak of Corona 19 dramatically reduced exchanges between countries, while rapid contagion created a time gap in economic fluctuations by country. In January 2020, the trade dispute between the US and China entered into a consensus phase, but the economic decoupling phenomenon caused by Corona 19 made it difficult for China to balance trade with the US and made it difficult to comply with the terms of the trade dispute agreement between the US and China. President Trump attributed the responsibility for the spread of Corona 19 to China, and pointed out that the cause of the economic downturn was the infringement of Chinese trade secrets and illegal copies, and protectionism arose. As a result, China protested fiercely, and the conflict with the United States deepened. The US has declared trade sanctions on Huawei and SMIC, which are key companies in China's semiconductor industry, and is predicting the risk of a disconnection of the semiconductor value chain between the US and China. The separation of the value chain of the semiconductor industry has the potential to have a big impact on the semiconductor industry, a structure that is highly specialized and monopolized by certain countries and companies in the value chain. This paper aims to deal with the risk of disconnection in the semiconductor value chain between the US and China reignited by Corona 19, the impact and change of the global semiconductor industry value chain, and the response strategies of Korean semiconductor companies.

• Journal of International Area Studies (JIAS)
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• v.22 no.2
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• pp.305-330
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• 2018

The purpose of this article is to examine whether Myanmar's experience in which dealing with the most exemplary change among rogue states or pariah state in the 21st century is feasible for North Korea's case. Recently, North Korea's willingness to dialogue, reform and open is similar to the precedent in which the Myanmar military junta dismantled its ruling system and turned over transition period through general elections in 2010 and 2015 each. The so-called 'Myanmar Model' refers to a country branded as a rogue state which has been under the international sanctions and pressure, and opening its political system and the market by choosing transformation. However, rapid changes in speed across the entire society after opening up are impossible because the political elite is only the leading role and implementation in the transition. In case of Myanmar, military culture has penetrated into society due to such a long-lasting military dictatorship, and even democratic bloc has become accustomed to authoritarian decision-making process. Furthermore, the "reserved area" of the old regime still exists in a deformed political structure that can not retrieve the interests of the military. Therefore there could not be achieved political development in term of qualification. North Korea also appears unlikely to achieve political and economic assessment in a short period of time, as civil society has not appeared due to its long dictatorship and very low economic development levels. Like Myanmar, North Korea is also likely to control the pace and direction of upcoming reforms and open, as the dictator or most powerful person chose to reform and open up. Therefore, if North Korea moves toward the 'Myanmar Model', there will be high expectations of new changes in the short term, but it could be delayed or stalled in the mid and long term.