• Convergence Security Journal
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• v.22 no.3
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• pp.41-55
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• 2022

As the importance of technology protection is emphasized day by day, various protection measures are being carried out to protect technology. But attempts to leak technology are continuing. As an alternative to this, stronger punishment is socially required for technology leakage crimes. In response to these social demands, the standard for punishment has been steadily raised. Legislative bills containing additional reinforcement are still pending in the National Assembly. However, in order to substantially enhance the deterrence against crime, it is not enough to strengthen the punishment standards. The effect can only be fully exercised when the certainty of punishment increases. Therefore, this paper focused on seeking ways to increase the certainty of punishment under the current system rather than the reinforcement of the punishment itself. The purpose of this study was to derive the reason why the innocence rate in technology leakage criminal cases is higher than that of general criminal cases by analyzing cases and causes of innocent cases in technology leakage criminal cases. Based on this, I discussed improvement considerations to reduce unfair acquittal cases.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.117-149
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• 2015

On May 16, 2014 the Supreme Court of Korea rendered its decision with respect to litigation filed by All Nippon Airways Co., Ltd. ("ANA") for revocation of an order of correction and payment of a penalty imposed by the Korea Fair Trade Commission ("KFTC"). On or around September 2002, ANA and various airlines operating air cargo service from Japan to Korea were allegedly to have agree to introduce of fuel surcharge into their rates on cargo fares in an attempt to recoup falling profits from rising of oil price. As this hard core cartel was per se prohibited under Korean competition law (The Monopoly Regulation And Fair Trade Act), KFTC began an investigation and consequently with fruitful results imposed an amount of penalty and issued an order of prohibition. ANA protested against this imposition by filing suit against KFTC under the reasons that (1) their agreement was simply pursuant to the relevant laws and regulations including Air Transport Agreement between Korea and Japan, (2) there was an administrative guidance from Japanese government to allow this agreement, (3) extraterritorial application of Korean competition law to the agreement in this matter was improper as it was made within Japan and targeted only for the shipment from Japan to Korea: accordingly there is not a direct and serious effect between the agreement and any result of anti-competitive. This article aims to review ANA's allegation and the judgement delivered by Korean court under some issues respectively; (1) whether there is an effectively actual anti-competitive cartel between airlines including plaintiff, (2) whether filed rate doctrine is reasonable and applicable in this case for precluding wrongfulness, (3) what is the reasonable limitation of boundaries in extraterritorial application of Korean competition law. Additionally, this article also suggests to concern particular features of air transport business as an regulated industry in judging the unfair restrain on competition.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.3-42
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• 2023

The Supreme Court en banc decision on December 12, 2022 (docket number 2016Do21314) ruled that the diagnosis of endometrial hyperplasia by an oriental medical doctor using a diagnostic ultrasound device was not an unlicensed medical practice for an oriental medical doctor, which shall be scrutinized by the article 27 (1) of the Korean Medical Service Act. This ruling did not determine that a specific medical practice, especially diagnosis, based on the radiology, which is a part of western medicine, was not an unlicensed medical practice for an oriental medical doctor. Rather, it intended to clarify that the prosecutor should specify and prove the way of diagnosis and he should not prosecute mere the use of a diagnostic ultrasound device itself. To that extent, the ruling is agreeable because, as the oriental medicine community has argued, there is no regulation prohibiting the use of certain devices. It is probable, however, that the way of diagnosis established in radiology, which is a part of western medicine, was actually used in the case. In that case, there is undeniably an unlicensed medical practice for an oriental medical doctor. While many of the cases where the demarcation between (western) medicine and oriental medicine have been problematized thus far have been experimental treatment in nature, the above practice of using ultrasound appears to be frequently done in many oriental clinics, and so it is necessary to cope with the possibility of a disguised unlicensed medical practice. Another problem is the prevention of unfair practice or the protection of medical consumers. In fact, many oriental medical clinics' practice appear to have a tendency of inducing medical consumers' misunderstanding that a diagnosis based on radiology, which is a part of western medicine, were provided. It is hard to respond to this problem with demarcation between (western) medicine and oriental medicine. A new regulation against unfair practice might be necessary to implement.

• Korean journal of communication and information
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• v.41
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• pp.337-382
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• 2008

This study examined the case of women's conflict experience in small and medium size enterprises. Although the number of women working in business organizations is rapidly growing in Korea, discourse about them is still scarce. Some discourse about them focuses only on the productivity and inequality aspects within the organizations. Therefore, we need to examine their organizational lives through a more dynamic and performance based perspective. Especially, because conflicts experience by women within business organizations involve a variety of organizational interactions, they reveal the vivid reality with which working women face today. The existing conflict research studies focused on communication or interpersonal relationship are limited by the fact that they have primarily dealt with the variables such as conflict management styles. However, conflict research needs a more specific and wholistic interpretation because conflicts usually depend on their contexts and interaction dynamics. Therefore, the phenomenological methodology was employed as a more appropriate method for the current conflict study. Results shows that the two themes were identified regarding the conflict content. The first and second themes were the unfair situations and the hierarchical rank respectively. The three themes were identified regarding the attitudes about conflicts. They were the passive stance toward conflicts, the recognition of the gender difference, and the acknowledgement of the importance of the relational aspect respectively. Finally, three more themes were identified regarding the conflict management styles. The first, second and third themes were the passive responding, the aggressive responding and the positive conflict management respectively. In addition, the implications of the results and the suggestions for future studies were made.

• The Journal of Industrial Distribution & Business
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• v.10 no.9
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• pp.37-43
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• 2019

Purpose - The self quality inspection which is mandatory in Republic of Korea can play an important role in promoting food safety, but the cost for self quality inspection is also a big burden especially for small businesses. In addition, excessive or duplicated inspection costs resulting from the standard gaps of various ministries and agencies ultimately effect negative social utility. Thus, this paper aims to suggest ways to improve the analysis of self quality inspection for the Ready-to-Eat Foods in terms of dried laver, in order to reduce costs caused by overinclusion. Research design, data, and methodology - The focus of interest is seaweed in Kimbab, which is to be exempted from the Vibrio parahaemolyticus test on the three grounds. First, existing literature provides little support for the necessity of performing a microbiological test. Second, laver products do not require the V.parahaemolyticus test by international standards such as the CODEX. Third, no case was found for seaweed products on the list of information on failed food items over the 2015~16 period. Results - Other types of seaweed such as exportable and seasoning seaweed are not subject to the test. Hence, exclusion of the V.pahaemolyticus test on seaweed is a valid point, bringing about large expected cost savings to many small businesses. Conclusions - Based on a complete survey of 75 food-testing agencies from March 20th to 30th, 2018, this paper finds that the proposed revision of the Kimbab test is likely to save an average of 130,000 won per business per year. Especially, in the case of the testing fee of Salmonella spp.(n,c,m,M), the cost difference by agencies was found to be up to five times. The regional gap in testing fees can be considered an unfair barrier. Accordingly, it is necessary to examine whether the testing fee is set at an appropriate level through the cost-extraction program proposed by the Ministry Food and Drug Safety. Hence, the survey results also point out that harmonization of testing fees charged by different food-testing agencies is appropriate with respect to transparency and efficiency.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.155-190
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• 2015

The court sentenced meaningful decisions related to the medical service in 2014. The court assumed the negligence of medical staff in the accident if being broken while using the medical equipment for not an original purpose at the time of surgery and ruled that the compensation for damage can be recognized in recognition of the causal relationship between the explanation duty violation and side effect's happening when unproven surgery on safety is implemented regarding the duty of explanation, that in the case of cosmetic surgery, the subject on the duty of explanation needs to be expanded compared to the general medical practice and that the duty of explanation cannot be accepted for the range that cannot be expectable. Also, the court has provided the requirement and limitation of self-determination exercise in case of the crash between patient's self-determination and doctor's duty of care and has ruled that as automobile insurance contract is a contract with the insurance company to pay regarding liability for car accidents, treating patients and taking the insurance money is not illegal activity even for the unlicensed hospital violating the medical law while established. The judgment stating the opinion that medical practitioners cannot be punished according to the medical law prohibiting the receiving of rebate in case that medical practitioners did not receive benefit while the medical institution itself gained an unfair economic benefit also stands out. And the court has ruled that even if the medical institution who received a business suspension is closed, the suspension is still effective in case that the same operator opens a new medical institution in the same place, ruled on the requirement to conduct a medical service outside of the medical institution that the doctor opened and ruled that the administrative penalty cannot be conducted prior to the conviction on charge of violating the medical law.

• Journal of Korean Public Health Nursing
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• v.10 no.2
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• pp.15-36
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• 1996

It is clear that the women's participation in social activity is dramatically increased in civilian field as well as military profession. Because of the characteristics of military nursing service, there are many difficulties. Frequent move, medical insurance, baby care. and the education are typical forms of difficulties for nurse officers in the military. The purpose of this research is to contribute to the perfect execution of nursing service. guarantee the active attitude for research and improve the combat strength by solving those private and economic problems. The method of research was analysis of question survey and the review of related literatures. The subject of research was 300 active nurse officers who work at the Army Hospitals. The survey was conducted 14 days from Oct 15 to Oct 28. The collected data was processed by computer using SPSS(Statistical Package of Social Science). Frequencies and percentages were used to examine the demographic characteristics of subject, and T-test was also used in the case of necessity. The result showed as follows; As the general characteristics of subject group; 28.7 years of average age, 73.6 months of service period, 63.4% of married. In regard of specialty; General 57.7%. Intensive Care 12.7% and Psychiatries 8.8%. The dissatisfactory factors about military welfare system were the difficulties in children education (36.9%). disadvantages on the civil medical insurance system (27.3%), and little chance of self education and development (21.5%). The problems in performing their duties were shown as dwelling instability due to frequent move (67.7%), and bring up children (14.2%). The reasons for resigning their job were shown as the instability of living status (64.2%), bring up children (18.8%) and dissatisfaction to the service (11.2%). The residential status was shown that military offered houses (45.2%), rental houses (29.3%) and own houses(14.64). The average numbers of moving residencies were; 3-4 time(34.6%), less than 2 times(33.1%), and 5-7 times(21.5%). Higher than 94.7% of the subject group spent more than 50.000 Won. In regard of education, they wanted to attend graduate school with their own expense(26.2%), computer science(20%) and Office Job Training(20%). The ways of taking care of children were mother-in-low(49.6%), mother(14.6%), and others(25%). The average expenditure per month for children were 20-30 hundred Won(44.2%), 10-20 hundred Won(25%) and 30-40 hundred Won(22.3%). The places of children care selected were public or occupational care center(56.2%), religious organization(20.8%), and other center managed by social organizations(10.4%). The result of survey for general welfare of nurse officers are as follows; By and large they seem to be satisfied with their job. however. there are some dissatisfactory factors. They are children care facilties, promotion. income. welfare facilities. disadvantage in medical insurance and civil hospitals. house purchase. unfair chances in specialty training. influence on promotion by educational status. and insufficient role for their children and husbands. As conclusion. the recommendations for improving nursing service are as follows; 1. Children care center managed by occupation 2. Dormitory system for children by military personnel 3. Equal opportunities in education according to ability 4. Reasonable moving price according to the distance and scope of family and extra allowance

• Journal of the Korean Geographical Society
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• v.50 no.3
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• pp.325-338
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• 2015

Telemedicine, which gives or receives medical information via ICT (information and communication technology), is regarded as innovation in a medical field and its application is various according to offline conditions. For example, the utilization of telemedicine in Korea is unfair because of the administrative discretion, which is the basic unit of telemedicine for its practical operation, in spite of the same diagnostic area. With this mind, this study investigates the cause of regional differences of telemedicine through a case of Kangwon province. Furthermore, the crucial matter is that regional differences of telemedicine are associated with digital divide; therefore, this research considers digital divide triggered by telemedicine. The core results are as follows. First, there are little measures such as increase of the staff, economic compensation for public officials, education of telemedicine facilities; accordingly, only regions, where can accept these insufficient conditions, manage the telemedicine system. Second, the interesting of a mayor or a governor and a head of a health center as a highest decision maker has something to do with different utilization of telemedicine. Third, public health doctors play a role as practical operators in telemedicine, but their stance is skeptic about telemedicine somewhat because of the relationship with the medical association opposing the implementation of telemedicine, unimproved regional health care condition, etc. Forth, it seems that the digital divide caused by the regional differences of the present telemedicine utilization does not led to tangible results and is not turned to another disparity so far, the proper measures are required considering that various health care services based on telemedicine will be extended.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.85-116
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• 2013

Korea Medical Dispute Mediation and Arbitration Agency, "K-MEDI" in abbr. herein-after, is established on Apr. 9, 2012 according to the law cited in the title above for the purpose of settling medical disputes in a prompt, fair and efficient manner. Two special professional organizations are established in K-MEDI, one of them is Medical Dispute Mediation and Arbitration Committee(hereinafter referred to as the "Mediation Committee") and the other Medical Malpractice Appraisal Board(hereinaf-ter referred to as the "Appraisal Board"), the mission of the latter is to investigate the facts concerning the disputed medical conduct and to research as to and apprai-se whether the medical conduct was negligent and whether a causal relationship exists. Each panel organized in the Mediation Committee or the Appraisal Board shall be comprised of five mediators or appraisers, including necessarily a judge or a prose-cutor respectively and any disputed case regardless of the scale, the importance or the complicacy shall be handled by a panel. As the system is not thought efficient or economic, the number of the members comprising a panel or total members com-prising the Mediation Committee or the Appraisal Board shoud be adjusted, and the process shoud be versified, including the "Rapid Process," for instance. A petition for the mediation of a medical dispute shall be rejected if the respondent fails to notify K-MEDI of his/her intention to accede to the mediation within 14days from the day on which the petition for the mediation was served(Art. 27 Cl. 7). As the option of an arbitrary decision whether the mediation proceedings shall be commenced or not given to the respondent by the clause is thought unfair, making the process unstable, and moreover, diminishing the purpose of the system established by the law cited above for solving the medical disputes, the clause shoud be amended not to allow the respondent the option of such an arbitrary deci-sion. K-MEDI shall conduct the "Program for Compensation of Medical Accidents"(Art 46) according to which unavoidable injuries caused by the medical accidents in the cour-se of childbirth and the "Advances for Damages"(Art. 47) that are the compensating moneys paid to victims in medical malpractice cases who fail to receive money at all or partly from the operator or the professional of a public health or medical institution although he/she has a final and conclusive right to be paid by them. Some operators or professionals of such institutions claim that both the programs violate their fundamental rights assured by the constitution, and that it be a justifica-tion of refusal to accede to the mediation. As any of the programs needs not to be conducted by K-MEDI, it may be a proper solution to change the conductor of the programs to avoid the unproductive controversy.