• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.8
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• pp.200-206
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• 2019

Korea is introducing new animal welfare rearing standards for swine farmers in order to improve the breeding environment of livestock on Korean farms, Korea is establishing a policy to apply to all new farms in 2019 and to all existing farms in 2025. These guidelines are limiting stall breeding of sows after 4 weeks of pregnancy, the light intensity should be above 40lux, the ammonia level should be below 25ppm and the breeding density area should be increased from $1.4m^2$ to $2.25m^2$. In Europe, where animal welfare has been studied and applied for nearly 100 years, the facility specifications and management manuals are available and provided to farmers to introduce proper animal welfare for pigs and to enhance the convenience and utility of farmers who are converting to raising pigs. The EU has established independent standards for each country, and the EU has set the standards for floor facilities to improve animal welfare on pig farms and as applied by farmers. Yet in Korea, there are no methods and techniques for breeding methods that do not use an ordinary stall, except on a few leading farms. There has been no research on the welfare of sows so that farmer could improve sows' living conditions. Thus, farmers can minimize the difficulty of implementing the changing government policies, and they must develop farm turnover policies and specification management manuals to cope with the introduced regulations on sow group housing. We suggest that conducting research and evaluating the level of sows' welfare are important for farmers.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.39-77
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• 2019

Crew members engaged in international air transportation provide work in many countries due to the nature of their work. According to the Private International Act, the place where the employee habitually carries out his/her work plays an important role in the determination of the governing law of the international labor contract (Article 28, Paragraph 2) and in the decision of international jurisdiction (Article 28, Paragraphs 3 and 4). The concept of the place where the employee habitually carries out his/her work was proposed by the EU to determine international jurisdiction and governing law. In international aviation law, the legislative purpose of the place where the employee habitually carries out his/her work is different from that of home base, which is a concept introduced for fatigue management of the crew in order to secure the aviation safety; thus the place where the employee habitually carries out his/her work and home base are not the same concept. In order to determine the place where the employee habitually carries out his/her work, following matters should be considered comprehensively; (i) where the crew starts and ends work, (ii) where the aircraft the crew is performing work on is primarily parked, (iii) where the crew is informed of the instructions and organizes his/her work activities, (iv) where the crew is obliged to reside according to the labor contract, (v) where there is an office provided by the employer and available to the crew, (vi) where the crew is obliged to be when he/she is ineligible for the work or subject to discipline. However, since all of the above items are the same as the location of the home base, it is reasonable to consider the home base as the most important factor when deciding on the place where the employee habitually carries out his/her work. In contrast, the state where the aircraft is registered (Article 17 of the Chicago Convention), should not be regarded as a place of where the employee habitually carries out his/her work. In this case, CJEU provided the first judging standard for the concept of the place where the employee engaged in international air transportation habitually carries out his/her work. It is the interpretation of the Brussels regulations which became a model -for the Korean Private International Act,- so it would be helpful to understand the concept of the place where the employee habitually carries out his/her work.

• The Korean Journal of Archival Studies
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• no.45
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• pp.219-253
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• 2015

The Records Management System in Japan has been developed to a comprehensive and unitary records management system based on the records life-cycle principle from the enactment of 'the Public Records and Archives Management Act' in 2009 and its implementation in April, 2011. The scope of objects has also been extended to documents of independent administrative institutions and specific confidential documents on diplomacy and defense. In addition, a series of Electronic Documents Management Systems have been built for the transfer of electronic records to the National Archives of Japan, which is called the Electronic Records Archives of Japan, in connection with the records and archives management systems covering creation, management, transfer, preservation, and use of electronic records. This paper deals with the core contents and characteristics of the records management system of Japan, focusing on the operational structure of the records and archives management law and electronic documents management. Firstly, The Cabinet Office and professional groups in records and archives management started to work on reformation of the records management system from 2003 and resulted in enactment of the Public Records and Archives Management Act in 2009. In that sense, the Public Records and Archives Management Act can be evaluated as a result of constant activities of the records management community in Japan for realization of accountabilities of government agencies to the general public. Secondly, the Public Records Management Act of Japan has a coherent multi-layer structure from the law, enforcement ordinances, guidelines, and to institutional documents management regulations in the operational system. This is a systematic structure for providing practical business units of each administrative agency with detailed standards on the basis of guidelines and making them to prepare their own specific application standards related to their unique businesses. Unlike the past, the National Archives of Japan became to be able to identify specific historial documents which should be transferred to the archives by selecting important historical records as early as possible after creating and receiving them in each institution through the retention schedule. Thirdly, Japan started to operate a system in regard to electronic records transfer and preservation in 2011. In order to prepare for it, each administrative agency has used EDMS in creation and management of electronic records. A Guideline for the Standard Format and Media released by the Cabinet Office in 2010 is also for the transfer of electronic records to the Electronic Records Archives of Japan. In future, it is necessary to conduct further studies on activities of the records and archives management community in Japan, relating to long-term preservation and use of electronic records.

• (The)Study of the Eastern Classic
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• no.73
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• pp.153-184
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• 2018

The aim of this thesis was to examine the circumstances that led up to successful coin use across the entire nation in 1678 (the $4^{th}$ year of King Sukjong's reign), during the Joseon Dynasty. To this end, this thesis analysed the Sa-Mouk(事目, Provisions) that contained the institutional protocol for coin circulation, implemented by King Hyojong and the statesman Kim Youk(金堉) who had practical experience in these matters over the ten years of King Hyojong's reign(1649-1659). To regulate the problematic wide circulation of coarse cotton cloth as currency in the market of 1650 (the $1^{st}$ year of King Hyojong's reign), prohibition measures were implemented. Besides the superficial justification given for these measures(i.e., that the market price was disturbed by the use of coarse cotton cloth), there was another purpose to prohibiting the circulation of cotton cloth as money, following the standard ruled by the government: the state aimed to ensure momentum for the upcoming coin circulation policy, by strengthening its control of the current economy. In 1651 (the $2^{nd}$ year of King Hyojong's reign), the government fully cracked down on the use of coarse cotton cloth as currency, and simultaneously implemented its coin circulation policy in the Pyeongan(平安) region. The pretext for this policy was to raise finances to support people who were starving as a result of poor harvests and famine. People who received coins from government officials could purchase food in the market, and the coin circulation policy was judged to be successful. Subsequently, to extend coin circulation further throughout the region, the Sa-Mouk for Seoul was established. The Sa-Mouk included stipulations regarding the use of coin in transactions and for government expenditure; it aimed thereby to enhance the national policy's market credit. The hasty implementation of the policy for the expansion of coin circulation caused some problems that required its modification. In 1652 (the $3^{rd}$ year of King Hyojong's reign), coin circulation was increased to encompass the Gyeonggi(京畿) region, and some of the tax that had been paid in rice was now paid in coin. However, coins were in short supply, since there was insufficient copper, the main material used in coin production, and the policy faced a significant limitation. Therefore, in 1655(the $6^{th}$ year of King Hyojong's reign), a new Sa-Mouk for coin circulation was established. This Sa-Mouk included specifications regarding the determination of coin values based on rice and silver, and mandated the wide spread installation of stores for exchanging spot goods for coins throughout the region in which coins were circulating. This policy's objective was to secure stability for the national economy by further regulating coin circulation. The sustained implementation of the coin circulation policy for ten years by King Hyojong and the statesman Kim Youk offered the government an opportunity to accumulate experience in coin circulation in the market, and also to learn from institutional trial and error. This may have been one of the contributing factors to the nation-wide coin circulation that was established in 1678. The objective of the policy implemented during King Hyojong's reign was not to meet the market's requirements, but rather to ensure the preservation of the national economy, and this misjudgement constituted the policy's key limitation. At this time, the government urgently needed to secure finances to cope with the war against China's Qing Dynasty.

• Journal of the Korea Society of Computer and Information
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• v.26 no.3
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• pp.155-165
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• 2021

The measures to extend local education autonomy are as follows: First, it is necessary to correct the confusion of the legal system of the local education autonomy system. For this, Article 12, Paragraph 2 and 4 of the 「Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems」 which state that "The State shall endeavor to consolidate systems for autonomy in education and local government" and "The implementation of autonomy in education and the autonomous police system shall be prescribed separately by Acts" should be deleted. Second, it is necessary to clarify unnecessary legal matters and regulatory measures for unification at the national level and to proactively consider the introduction of the legal trust system, in which education affairs are designated as local governments' own work and the state carries out specific affairs. The decentralization of local education finance is a key factor for the development of local education autonomy, and it requires the transfer of authority and resources to the region, and the enhancement of local autonomy and corresponding responsibility. First, the ratio of special grants must be adjusted further (from 3% to 2%) or the ratio of national policy projects must be lowered. Second, the provision that requires a consultation with a mayor/governor when making a budget covered by transfers from general accounts should be deleted. Third, it is necessary to remove the elements that limit the authority of city and provincial councils. Fourth, it is necessary to integrate the national education tax and the local education tax to create the education autonomy tax (tentative name) for only one independent purpose. Fifth, it is necessary to strengthen the distribution of the total amount of grants and abolish the settlement regulations for the measurement items of standard financial demand. Sixth is the expansion of the participation of stakeholders and experts in the grant distribution process. Seventh, it is necessary to establish a long-term employment system by designating the education finance field as a special field. Eight is the expansion of cooperative governance.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.163-207
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• 2020

Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.39-65
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• 2022

There are two aspects of clinical practice guidelines that act as non-legal control before medical practice and as legal control standards after medical practice. The essential purpose of clinical practice guidelines is the former, but the latter action cannot be excluded. The clinical practice guidelines are a means of linking law and medical care. The negative perception of clinical practice guidelines that medical professionals' autonomy can be violated by the enactment of clinical practice guidelines is an excessive negative evaluation of clinical practice guidelines. Rather, judicial judgment based on clinical practice guidelines plays a role in respecting the autonomy of medical professionals. In other words, the clinical practice guidelines suppress legal regulations on medical care as much as possible and are based on doctors' professional ethics and self-discipline, and patient awareness and cooperation. In order to establish an ideal relationship of cooperation between doctors and patients, 'medical ethics' must be incorporated as a legal means. Clinical practice guidelines are the most appropriate means for incorporating such medical ethics into legal procedures. The lawyer solves the case with a legal syllogism that establishes a norm and applies facts to it to conclude. For the resolution of medical disputes, Clinical practice guidelines are used to establish norms that doctors should perform for specific diseases, and conclusions are drawn by applying the established norms to specific medical practices. When it is not easy to apply the established norms to specific medical practices, medical judgments by experts, such as emotions, expert testimony, and explanations by expert members, are used. As such, the Law respects the autonomy of medical care even in the establishment of norms and the application of norms. In particular, Clinical practice guidelines prepared independently by the medical community are referred to in establishing norms, which are the prerequisites for legal syllogism. This shows that doctors participate in the formation of precedents and contribute to the formation of norms. The use of clinical practice guidelines in trials is respect and consideration for the autonomy of medical care. Although there may be an aspect in which the autonomy of individual doctors is limited by clinical practice guidelines, it should be considered that the autonomy of doctors as a group is respected. In this way, the clinical practice guidelines play a role in protecting the autonomy of the "medical" group from the logic of the "law."

• 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.

• The Journal of the Convergence on Culture Technology
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• v.7 no.4
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• pp.479-490
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• 2021

As a part of Korean accounting reforms through the improvement of the accounting and audit related systems, the amendment bill of 'Act on External Audit of Stock Compamies's was passed in the Natinal Assembly plenary session in 2017, the amended act has been enforced except some regulations since the business year on November 1, 2018, and all the amended matters will be applied from the business year of 2024. The reasons for auditor designation in 2019 are 'pre-IPO' 331 companies, 220 periodic designation companies, 197 companies that had operating loss for three consecutive years, 112 companies with issues for administration, 108 companies with excessive debt ratio and 66 companies with no auditors. Regarding the reasons for the increase of auditor designation, 475 companies were increased in accordance with the new designation standard by the amended bill of Act on External Audit of Stock Companies, 114 companies were increased due to the abolition of the considered designation system of companies to be listed, and 90 companies were increased based on the increase of listed companies incorporated to issues for administration. In 2020, 462 companies had periodical designation (434 listed, 28 non-listed), adding 242 companies (110%) over a year. In terms of direct designation, 'pre-IPO' accounted for the most (362 companies), followed by '3 consecutive years of operating loss' (245 companies), then by companies with administration issues (133 companies), and CEO & largest sharholder replacement. Regarding the designation of auditors according to accounting firms in 2020, A group that includes(top 4) accounting firms(Samil, Samjeong, Hanyeong, Anjin) had 526 companies(34.6%), which ia an incease of 72 companies from the previous year(454 companies, 37.1%), but the weight decreased by 2.5%.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.23 no.3
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• pp.35-43
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• 2023

The purpose of this study is to research digital twin policies for the use of administrative services. The study was conducted through a mobile survey of 1,000 participants, and the results are as follows. First, in order to utilize digital twin technology, it is necessary to first identify appropriate services that can be applied from the perspective of Gyeonggi Province. Efforts to identify digital twin services that are suitable for Gyeonggi Province's field work should be prioritized, and this should lead to increased efficiency in the work. Second, Gyeonggi Province's digital twin administrative services should prevent duplication with central government projects and establish a model that can be connected and utilized. It should be driven around current issues in Gyeonggi Province and the demands of citizens for administrative services. Third, to develop Gyeonggi Province's digital twin administrative services, a standard model development plan through participation in pilot projects should be considered. Gyeonggi Province should lead the project as the main agency and promote it through a collaborative project agreement. It is suggested that a support system for the overall project be established through the Gyeonggi Province Digital Twin Advisory Committee. Fourth, relevant regulations and systems for the construction, operation, and management of dedicated departments and administrative services should be established. To achieve the realization of digital twins in Gyeonggi Province, a dedicated organization that can perform various roles in project promotion and operation, as well as legal and institutional improvements, is necessary. To designate a dedicated organization, it is necessary to consider expanding and reorganizing existing departments and evaluating the operation of newly established departments. The limitation of this study is that it only surveyed participants from Gyeonggi Province, and it is recommended that future research be conducted nationwide. The expected effect of this study is that it can serve as a foundational resource for applying digital twin services to public work.