• Korea Trade Review
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• v.47 no.5
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• pp.201-221
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• 2022

This study aims to analyze a harmonious approach between trade norms for the protection of human rights and the WTO agreements is increasingly necessary and important. conflicts and harmonization that may occur between major human rights protection trade norms and WTO agreements were comprehensively reviewed. The hard legalization of corporate social responsibility for sustainable development, such as human rights protection, was in conflict with the WTO Agreement, which was based on the principle of non-discrimination. As the currently expanding human rights protection trade norms reflect differences in the positions of developed and developing countries, it was also pointed out that there may be disputes over WTO compatibility and distorted protectionism measures. Accordingly, the applicability of the general exceptions to Article 20 of the GATT were reviewed together, and Article 20(a) of GATT, "necessary to protect public morals" may differ between developed and developing countries, and thus limitations were also considered. At the same time, When it is necessary to take regulatory measures such as prohibition of imports from a specific country for human rights protection, it was reviewed and proposed domestic trade norms revision.

• Proceedings of the CALSEC Conference
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• 1998.10a
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• pp.45-55
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• 1998

A legal system is designed to regulate social phenomena appropriately minimizing potential disputes arising out of conflicts with social phenomena and to seek for stability of legal life. The development of information technology and network infrastructure changed way of communication significantly, which realized the new transactional concepts, such as EDI(Electronic Data Interchange), Commerce At Light Speed(CALS) and Electronic Commerce(EC). However, current legal systems of each nation, which are based upon the paper document, do not seem to accomodate such types of emerging transactions. In that context, we can observe many issues which cannot be resolved among the parties involved in such transactions even under the several sui-generis statutes regarding EDI in Korea. Based upon the recognition of the above circumstances, this paper will browse legislative efforts in advanced countries and international institutions like UNCITRAL, and WTO. Also this will cover outstanding issues in relation with the deployment of electronic commerce in Korea and suggest what should be revisited for better accommodation of the changes going on.

• Journal of Information Management
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• v.35 no.3
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• pp.29-50
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• 2004

This study, considering the many disputes in today's society centered around copyrights, aimed at analyzing and investigating the scope of application for copyright laws in library, whether where is a reach or not, and also the procedures and cognitive degrees in copying and transmission of copyrights materials. Especially the usage of the digital resources built by major domestic libraries have been looked at, and how they reveal the cognitive degree of copyright laws toward various social stratums have been analyzed. Research subjects in each social stratum were firstly classified, which centered around university library users, authors as well as librarians in each university library public access post, then the difference of understanding toward copyright laws between each of these 3 groups was analyzed, and also at the same time the problems in usage authorization procedures of copyrighted materials in library were analyzed. so that the solutions to such problems can be found.

• Korean journal of communication and information
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• v.67
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• pp.152-176
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• 2014

Public opinion has dramatically shifted from positive to negative in Korea society especially since the IMF crisis. Such terms as 'aristocratic union', 'collectivism', 'damages on public interest' became a kind of conventional wisdom. Undoubtedly, media's representation has much to do with such a tantamount difference. This study thus attempts to understand the mechanism by analyzing media discourse related to labor strikes. For this purpose, this paper made a choice three cases including doctor-pharmacist dispute, general strike by truckers' solidarity, and Ssangyong Motor's strike. Total 217 editorial pieces of , and conceived to be a representative newspaper of ideological stance were analyzed. Research showed that while paying particular attention to demoralizing labor strikes, shed positive light on such disputes by articulating fundamental causes hampered by pro-capital policies along with anti-labor law enforcement. The believed to be relatively a neutral one showed ambivalent attitudes toward those cases. More favorable and inclusive reporting were found in accordance with policy shifts as well. Media's selective partisanship for the sake of private interests is firmly believed to downgrading credibility on Korean journalism. Also is fair, balanced and less biased reporting over socal disputes a vital part in crystallizing social consensus. In this consideration, the authors hoped this study to provide an opportunity to contemplate on what would be desirable journalistic values in modern democracy.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.139-168
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• 2016

Two alternative dispute resolutions for medical dispute have been operated under the States of German Medical Associations. The first is the medical mediation committee of North german area, the other is the advisory committee on medical errors in North-Rhine area. The former has focused on the mediation itself, the latter commission has focused on the expert review itself whether the physician has maintained reasonable care in diagnosis and treatment. Even though these organizations have maintained under the medical associations, to maintain the neutrality on legal and medical decision, the North German mediation committee is composed of a lawyer and a medicine doctor respectively and North-Rhine advisory committee has a lawyer chair person and four medicine doctors. The main difference of Korean Medical Dispute Mediation Agency in respect from the german system is that expert review is subordinated to the mediation process. The neutrality of expert review is suspected from the medicine doctors. The neytrality and the efficiency should be improved to treat the medical disputes. To do so, lawyer and medicine doctor work together in mediation process and lawyer should manage the expert review process but not involved. Mediation process and expert review should be checked and balanced, and they could be developed as a separated process itself.

• Korean Journal of Construction Engineering and Management
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• v.19 no.5
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• pp.111-120
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• 2018

Recently, Domestic public construction projects are experiencing a great deal of disputes because of the growing uncertainty about the criteria for calculating the prolongation cost. In addition, researchers have been studying various systems and proper cost estimates in an effort to reduce the uncertainty of these systems and the occurrence of disputes. However, there is no standard yet for social consensus. Meanwhile, The study on the classification system according to the recognition standard of accounting has been systematically studied. As a result, the concepts of accrual and cash basis are defined separately. The purpose of this study is to verify the possibility of applying the concept of 'accrual basis' to the Standard for calculation of prolongation cost. Therefore, As a result of analyzing the occurrence pattern of Job-site overhead cost, it is confirmed that actual costs can not be calculated by the cash-basis method. In particular, the implications of the necessity of the accrual-basis method should be more strictly indicated in the case of items such as indirect labor costs and welfare benefits. In addition, the contractor 's claim report and the appraisal report were examined. As a result, it was confirmed that the calculation situations of prolongation costs are biased to the cash-basis method. In this way, it is suggested that necessary to supplement the calculation standard of the actual costs from the point of view of accrual basis.

• Journal of Cadastre & Land InformatiX
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• v.50 no.2
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• pp.21-35
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• 2020

Due to the coronavirus pandemic and diplomatic disputes, governments are actively developing a policy to revitalize·reshore manufacturing and to diversify international cooperations. In order to develop such a policy, it is very important to compare and analyze domestic·international geospatial information. Over the decade, the US·EC governments have conducted a series of national researches to build data-based tools that can monitor·analyze regional geospatial information driven by government R&D investments. In the case of the EC system, it can compare geospatial information in domestic and international(including Korea) regions. Compared to US·EC cases, Korean examples of national researches with available data analplatform need future improvements. Current study is investigating an automated analysis methodologies using "National Institute of Science and Technology Information (NTIS)" DB, which was national security data until recently. Research on data-mining regional geospatial information can contribute to support policy fields that need to discover new issues in response to unexpected social problems such as recently faced corona and trade disputes.

• 한국사회정책
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• v.25 no.3
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• pp.37-71
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• 2018

Since 2016, public and political interest on basic income has been increased beyond academic interest. The recent debate on basic income has expanded on issues regarding to the concrete implementation of basic income moving further than the debate on conception of the basic income in the abstract level. This study examines major critiques of basic income which was raised from social policy area and makes a counter-argument on these critiques. Major points summarized as follows. First, the problem of jobs and social insurance exclusion is not serious enough to call for basic income. Second, existing social security systems will be crowded out by excessive financial burden if basic income is introduced. Third, policies to cultivate citizens' capacities to cope with a technological change should be given priority over basic income. This study disputes these critiques by counter arguing four points. First, it is necessary to reconstruct welfare state based on basic income, given the labor market changes, such as long-term trend of employment change, newly emerging employment of platform companies, and inconsistency of platform labor and social insurance. Second, hypothesis of crowding-out effect on social security system is just a criticism that can be applied to the basic income initiative of the right-wing. Also, it is unable to find a logical basis or evidence of this hypothesis from the historical process of welfare state development or previous studies. Third, it is necessary to discuss how to reconfigure existing social security system and basic income which are complementary to each other and also have consistency with labor market as a configuration, not as a matter of choosing between basic income and social security system. Fourth, de-laborization does not mean a refusal to labor but a free choice, and the basic principle of social security is not needs but right. In conclusion, in order to develop more productive debate on basic income, it requires more sophisticated discussion and criticism from the point of view of the distributive justice; the debate on the sustainability of social insurance-centered welfare states; and debates on the political realization of basic income.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.159-193
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• 2015

Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

• Journal of Korea Port Economic Association
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• v.24 no.2
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• pp.43-69
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• 2008

The labor contract Law has been prepared as an important solution for social stability. After long disputes around the orientations of the law, On June 29, 2007, the new Chinese labor contract law is passed. This law reflects the changing labor relations because of economic reforms like restructuring of the state-owned enterprises and so on. This law contains more market-oriented clauses that are supplemented by corporatist scheme supported by trade unions than the first draft. This law emphasize labor's rights and interests to remove prior labor contract problem. So Chines government see this law as standard law to restructure social relationship and also require firms to corporate social responsibility. Therefore, implementation of the new Chinese labor contract law bring about increasing labor cost, infringement of autonomy for human resource management, rigidity of industrial relations. Under these situation, Korean shipping and port logistics companies need to introduce management system of minimized employment, prepare human resource management in response to long-term employment, maintain favor relationship with trade union, and set up counteiplan about risk of a labor dispute.