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2020, Vol.8, No.4

  • 1.

    Problems and Improvement of Location Information in the Prevention and Prevention Process of COVID-19

    Kwon Yangsub , Cha, Sang-Wook | 2020, 8(4) | pp.9~28 | number of Cited : 8
    In this study, we studied problems and improvement measures regarding the use of location information in the prevention of infectious diseases. The Act on the Prevention and Management of Infectious Diseases has proposed problems and improvement measures. The Korea Disease Control and Prevention Agency, the Mayor/Do Governor, or the head of the Si/Gun/Gu may request the head of the police station to provide information on the location of patients with infectious diseases and persons suspected of infectious diseases, if necessary for the prevention of infectious diseases and the prevention of transmission of infectious diseases. Electronic entry and exit lists alone have limitations in epidemiological investigation of COVID-19 infections. To overcome such limitations, quarantine authorities are conducting epidemiological investigations using location information stored by personal location information providers and telecommunication businesses. In accordance with the prevention of infectious diseases, concerns are raised that the details of use, such as location information and credit cards, can be acquired and utilized relatively easily under the goal of public safety, unlike compulsory disposal, for the purpose of epidemiological investigation. Under the current method of preventing infectious diseases, certain infectious diseases are defined only as infectious diseases, rather than designated ones, so location information can be collected even when infectious and low-risk infectious diseases occur. Currently, the 'exposure notification' function established by the smartphone operating system manufacturer can be used to prevent infections rather than to respond to quarantine measures such as blocking the entire workplace and building, and it also has an advantage in protecting personal information and others as it can send alerts to those who stay on the route for a certain period of time. It is a more efficient way to test infectious diseases mainly for people with real contact with infected people.
  • 2.

    Law and history of infectious diseases

    Joung Soon Hyoung | 2020, 8(4) | pp.29~50 | number of Cited : 0
    Infection is passing on to other people. There is no problem of infection where other people are not present. So, the more people you have, the more likely you are to get an infection. Therefore, the issue of infection has been discussed in places where the circulation of people called cities is intense and concentrated. The main topic was an attempt to discuss historically how these viewpoints were mixed and created in Paris from the end of the 17th century to the end of the 19th century and how it was legally spoken. What we’ve seen so far is the history of behavior in which the infection problem in cities has been captivated by people. These are marginalization, isolation, and hygiene. It is a history that has been gradually added to avoiding death and promoting life. It is a history that is added to the marginalization and isolation of the human body by managing the space of the city and acting on its conditions. It was a history that gradually changed what works on the body to what works on the population or society, and turned into a viewpoint of protecting and promoting the health of society. From the point of view of illness, illness that was personal is gradually changed to that of society. From that point of view, the relationship between the individual and society is reversed. Each individual should have an obligation to hygiene to prevent society from getting sick. It is a Rousseau world, but the social contract is not voluntary. Solidarityism was the establishment of the hygiene law as an obligatory relationship to the society that belonged to from birth. The position of social solidarity, according to the bourgeois, lies in the middle of the opposing theories of economic laissez-faire and collectivism. The role played in the meantime is not to exclude freedom, but to develop it effectively and respect it in its true sense. Therefore, the notion of solidarity is close to charity or philanthropy and influences the notion of justice, equality, and property in the relationship between morality and rights. “Human living in society, amongst one another, has each other's obligations. That duty is broader and more complex than a position that calls human beings independent and isolated, and is limited to its scope.” The rule of equity necessary for social peace is to promote the constant exchange of assistance, whether voluntary or forced, and that assistance is a social duty. Each has a social debt to everyone. Its obligations or liabilities are based on the principle of justice.
  • 3.

    Criminal Responsibility Judgment of the so-called ‘Super-Propagator’ under Corona 19

    Hong, Tae-Seok | 2020, 8(4) | pp.51~71 | number of Cited : 4
    In the fall of 2020, the world is having a time of no relief in the spread of Corona19. The death rate of the Corona19 virus is more than 10 times that of influenza, and some say it will end only when half of the world's population is infected. In this atmosphere, even before the holiday, the government is urging people to refrain from visiting their hometowns and visit their graves online to prevent the infection of Corona 19. As mentioned earlier, Corona19 has changed much of our lives. Student’s classes have been converted to non-face, worker’s working patterns have been converted to telecommuting, and life as an ‘non-face’ is becoming natural as they have to wear masks when moving or indoors. This is because the media confirmed that the influence of Corona 19 could pose a great danger to our human lives and bodies. Despite such a stern atmosphere, cases where infected people hide the fact that they are infected, or spread them to others intentionally and by negligence, such as failure to comply with home isolation obligations and intentional transmission of infections are often seen in cases not only in Korea but also in foreign countries. In this paper, we realized the seriousness of the current Corona19 Incident and reviewed the case of infecting others with corona19 by intention or negligence. The discussion so far has been that “the penalty for injury is possible.” Therefore, in this paper, in terms of Corona19’s influence on our human body we considered the law of serious injury, not the existing one. Corona 19 is changing a lot in our society. It continues its so-called “non-face life” that avoids contact with others regardless of age or sex. As the non-face life continues, I am spending a little bit of a hectic day, but I am continuing to make masks a part of my daily life and live a non-face life for me and our society. But if some deviant behavior further accelerates the spread of Corona19 and threatens our health we will have no choice but to deal with it in the realm of law. Thus, in this paper, we examined whether we could take a step further from the existing discussion and look into the radio waves of Corona19 that could pose a risk to our lives by a more stringent standard of law.
  • 4.

    A study on the legal issue of development in the local science and technology policy

    JINSEONGMAN | 2020, 8(4) | pp.75~107 | number of Cited : 1
    Article 127 of Constitution stipulates that the development of the national economy should be pursued based on innovation in science and technology. Local governments emphasize local science and technology policies to revitalize the local economy. Local governments need to strengthen their functions to utilize science and technology policies for regional economic development. What functions should local governments strengthen for the development of local science and technology policies? The most important thing is the development of ordinance legislation. The ordinance legislation enables the practical resolution of problems occurring within local governments. Therefore, the article argued that for the development of local science and technology policies, it is necessary to strengthen the legislation of municipal ordinances. The analysis method is to grasp the current situation and to investigate the case. The analysis of the current status of the ordinance legislation in local science and technology highlighted the reality of the lack of legislative ability. Through this, we found three problems. First, local governments are enacting passive and centralized ordinances. Second, they are legislating ordinances with no financial and economic feasibility guaranteed. Third, they are legislating an inappropriate ordinance as a legal concept. The case investigation was conducted to clarify the measures to strengthen the legislation of the ordinance. This led to the following implications for legal and institutional infrastructure: First, the central administrative agency shall ensure the autonomy of municipal ordinances legislation appropriate for the era of autonomous decentralization by local governments. Second, autonomy is guaranteed, but support is needed to strengthen expertise. In other words, the central administrative agency should provide consideration for the development of municipal ordinances and laws of local governments. Third, local governments shall endeavor to develop and strengthen ordinances legislation on their own. Compilation of the legal manual of the ordinance legislation is a very effective alternative. However, this study has the following limitations: The fundamental improvement to local science and technology ordinance legislation is completed through legislation. However, the study focused on highlighting the importance and necessity of local science and technology ordinance legislation, and failed to address legislative improvement measures. This leaves it as a future research project.
  • 5.

    A Comparative Study of Penalty Regulations on Possession and Viewing of the Illegal Filming - Focusing on Article 14 of the Sexual Violence Punishment Act

    Park Hyun Jeong | 2020, 8(4) | pp.109~130 | number of Cited : 4
    Abstract PDF
    In the case of illegal filming of sexual crimes, it makes the victims are not allowed to live their work, daily, and social lives in pain that is difficult to recover, as is the case of sexual violence crimes that occur in reality. Moreover, there is a high risk that illegally photographed videos are created and distributed online contrary to their intentions, and the damage will spread rapidly due to anonymity and rapid propagation. Focusing on the so-called 'Nth Room' the existing penalties for illegal filming and distribution of sexual exploitation videos, and penalties for possession and viewing of illegal filming were newly established, and by expanding the subject and scope of punishment for digital sexual crimes, the efforts are being made to protect victims. However, in the case of digital sexual crimes, there are many hidden and various types of crimes and the classification of the subject and scope of sanctions is insufficient compared to those of foreign countries. In this respect, focusing on foreign legislation, a detailed interpretation of 「ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES」 Article 14 (Taking Photographs by Using Cameras) should be made. In particular, focusing on the dangers of accomplice regarding illegal photography and indiscriminate circulation of sexual crimes, also possessions and viewing these illegal filming, the basis for reasonable sanctions regulations should be provided. Through this, measures to eradicate illegal filming of sexual crimes and various institutional measures to protect victims should be prepared together.
  • 6.

    A Study on the process of finding foreign missing persons

    Lee Keon Su | 2020, 8(4) | pp.131~145 | number of Cited : 1
    Abstract PDF
    Currently, according to immigration statistics, we live in the era of 2,110,610 foreigners as of August 31, 2020. Unlike in the past, the appearance of our society has changed greatly as we live and work with foreigners. If you take the subway, you can meet foreigners in any car, and even in rural areas, you can sometimes see a new foreign house holding a hoe and hanging a field. About 394,879 illegal aliens were not registered in the Ministry of Justice's statistics. The Immigration Office, August 30, 2020, Statistics Monthly on Foreign Policy for Immigration and Immigration. In the case of these illegal aliens, they are in a blind spot in criminal safety, and in the event of a missing or accidental death, they are converted into a long-term unsolved case due to difficulties in identifying their identities. Foreigners live together in our society, but there are currently serious problems such as various criminal cases against foreigners, accurate crime statistics on missing cases, crime prevention measures, and lack of data sharing among departments and agencies. Therefore, it is necessary to establish a nationwide network for the discovery of foreign missing persons, establish and operate a missing law and system to establish a rapid reporting and discovery system.
  • 7.

    Problems of Framework Act on the Management of Disasters and Safety and Development of local government's disaster prevention efforts index

    Yim Dong-Kyun , Song Seunghyun | 2020, 8(4) | pp.147~174 | number of Cited : 3
    Abstract PDF
    Conducting assessments using disaster resilience indicators based on public statistical information helps us to understand the actual conditions and resilience of local government, thereby enhancing our ability to resist, adapt to, and recover from devastating disasters. The paper introduces the methodology and procedure of developing disaster resilience indicators. Initially, indicators were carefully selected based on selection criteria; 1) data availability, 2) data reliability, 3) representativeness, 4) local adaptability, and 5) policy relevance. By using this evaluation index and evaluating the disaster prevention and mitigation of the local government, it is hoped that the actual situation and characteristics of disaster resilience of the local city can be clarified.
  • 8.

    Consideration of legal policy for revitalization of healthcare

    Youngkook Kim | 2020, 8(4) | pp.175~220 | number of Cited : 4
    Our life after COVID-19 will be proceeded wholly in different way comparing to before. It is because it is expected that digital society based on data would change our life rapidly. It has been discussed about how personal information would be used mainly focusing on its protection. However, the discussion would go further to the direction of minimizing the risk of personal information protection while considering how to utilize the information first. In fact, it is not the exaggeration if the dispute over the protection and utilization of personal information is meaningless here and now in the age of the Fourth Industrial Revolution. The discussion should be begun from the perspective 'how we utilize personal information'. The risk of personal information infringement can be minimized by using the technology such as Block Chain. The system should be established so the main agent of personal information can control his or her own information and the strict and reasonable responsibility for security should be loaded to the main agents or operators of the information in case it is used for research purpose and other commercial purpose. The importance of protection is emphasized especially against healthcare regarding it uses the sensitive personal information, however, it is the field with the highest efficiency in respect of secondary utilization of personal information. Recently, whether non-medical practitioners who don't have the qualification can provide the health-related service is widely discussed as people show the higher interest in health care. Healthcare service by non-medical practitioners is not allowed or very restricted according to Medical Law and Bioethics Law. New legal definition is required to differentiate healthcare from the medical activities done by medical practitioners with the qualification in respect that healthcare is the wider concept than the category of medical activities based on Medical Law or health and medical treatment by Framework Act on Health and Medical Services. Legal supplement is needed to classify healthcare service that is health management service as one of industrial category regarding that the range of people especially who will participate in health and medical care industry is supposed to be wider than that of medical practitioners. This thesis discussed the plan of revitalizing health care paying attention to Data 3 act revised in January, 2020, telemedicine that has been constantly discussed since 2000 and 'Health Management Service Law' discussed as the article to be legislated in 2010. The meaning of COVID-19 is not small in human history. It is because it would cause new revolution that changes the paradigm of business as well as existing everyday life. Healthcare itself is important in respect of industry, however, it can be regarded as the key issue that can influence on revitalization of all economic activities as it is linked to personal health and prevention of epidemics directly and indirectly. So, we should take the open attitude and spend efforts to solve the problems actively by analyzing legal issues in more practical point of view and suggesting the reasonable plan when we discuss the agenda related with healthcare.
  • 9.

    Realistic Nationalism and Pluralistic Nationalism focusing on Laski’s Sovereignty Trilogy

    Jongho Kim | 2020, 8(4) | pp.221~273 | number of Cited : 2
    From the history of political ideology in the West, the state has been regarded as a human association represented in the political system, rather than an illusion or a fiction, but as a word to represent a real, territorialized real body. However, considering the fact that social reality is established in relations, the word state is nothing more than a representative (signifiant) to collectively refer to various relations of a domain. In other words, economic and social relations are organized into social structures by dividing them through public power, and these organizations are created in the realm. The statehood is an ontological expression of this social construct, a relational concept of reality. Then, from the ontology, the state is an abstract concept that conceives the form of a state-scale state created by political power and socio-economic power, and is a general sign of territorial relations. In addition, from the institutional theory, the existence of a state is nothing but a complex whole that can be established by organically connecting the governing body and the social organization. The appearance of this state as a capitalist state is due to the unique organizational principles and patterns of socio-economic relations. The word state is the most comprehensive and general concept of politics, but it cannot escape the versatility. This stems from the context constraints that the state is a general sign of a political community bordered by spatial separation, but its form is differently polymorphic in time and space. As such, it has been pointed out that the term state should be excluded from the terminology of politics from an empiricist perspective or from a functionalist, operationist paradigm, and opinions to that effect are also found everywhere. However, even if the implications of the state are subject to the constraints of time and space, if we ask about the territorial socio-economic organization or the association between this organization and the governing body and try to approach it, we will not be able to analyze the state as the explanatory port. In order to understand international relations and international politics, it is possible to take a peek at the fact that it is compelling to use the state as an analysis concept (or device) as an explanation clause. This is because the state is inevitable to emerge as a reality of unrest, considering that the state is established in the significant connection of individual relations and that international relations are people-state relations. Based on this theoretical state theory, this paper examines Laski’s pluralistic state theory, realist state theory, the formation and deterioration process of Western nation-states, and the background and nationalism of major states.
  • 10.

    A Study on the Major Types of Cyber gambling, Punishment Laws and Countermeasures

    Lee, Beom-Oh | 2020, 8(4) | pp.277~298 | number of Cited : 1
    Cyber-gambling criminals can be both victims and perpetrators. Gambling criminals should develop their ability to deal with them with social interest because they have links to other crimes. The boundaries between cyber gambling and general gambling are becoming increasingly unclear. Thorough preparations should be made to respond efficiently, such as enacting an integrated law to crack down on cyber gambling so that specific criminals can distinguish between the sun, gambling methods and types of gambling. Effective prevention and crackdown are needed by distinguishing the concept and type of cyber gambling criminals that are currently underway. Through the typification of these cyber gambling criminals, it seems necessary to prevent and crack down on each type through analysis. It seems necessary to understand in advance by big data such as who, how much, and how much gambling was made by accessing the site with the actual operator of cyber gambling, how and how the gambling site was built and operated, and various cases. There is a limit to the crackdown and prevention of government-led gambling offenders. In particular, considering the rapidly changing cyber environment, international collaboration should be strengthened, including active cooperation with global IT companies as well as regulators. Cyber gambling response consultative body" that can respond to cyber gambling, such as operators of the gambling industry, management and supervision agencies, law enforcement agencies such as the police, and related agencies that heal gambling, should be formed to share the latest illegal types of cyber gambling among agencies to prevent and crack down on effective cyber gambling." Meanwhile, policies reflected in the prevention and crackdown of existing cyber gambling and policies that fall behind the reality should be properly evaluated through objective evaluation and comprehensive evaluation.
  • 11.

    A Study on the French real estate auction procedure

    Kim, Sang-Jin | 2020, 8(4) | pp.299~333 | number of Cited : 0
    The auction law in France stipulates the overall picture of real estate execution procedures in 2006. “The Enforcement Decree was enacted on the real estate execution procedure and the distribution procedure for the sale of real estate. By this, a new system of real estate enforcement proceedings in France was established. These regulations have been in force since January 2007. In addition, in accordance with the 2006 regulations, Article 2191(1) of the Civil Act determined the possibility of applying the 1991 law in principle, and Article 1 of the 2006 Enforcement Decree stipulated the possibility of applying the 1992 regulations in principle. (Especially, focusing on general regulations such as the execution judge or objection). It is decided to review the application of the regulations on the execution of real estate and bonds to real estate execution procedures. Real estate security in France is completed from real estate liens, real estate pledges and mortgages. In addition, the types of mortgage rights include legal mortgage rights and contracted mortgage rights, and the former includes legal mortgage rights of spouses, legal mortgage rights of guardians, legal mortgage rights of government and other public organizations, and mortgage rights by judgment. Among them, the real estate lien and legal mortgage rights are legal security rights, and there are real estate pledge and contract mortgage rights as contract security rights. The difference is, as in our case, whether the possession of real estate is transferred to the security holder. Also, the new law creates two real rights as a new system for mortgage rights. One is a rechargeable mortgage. This is defined as a mortgage right that, to the extent of an extremely small amount, can be directed towards collateral for bonds other than those agreed upon in the establishment contract. In this way, it is expected that the debtor can make unspecified bonds occurring in the future as secured bonds for mortgages, and effectively utilize them as collateral for checking account accounts and exchange credit contracts. The other is lifelong loans from mortgage lenders. This is the French version of the so-called reverse mortgage. However, this is a special rule on loan contracts for financial institutions that are not new types of mortgages, natural persons to debtors, and mortgage lenders. It is known as a contract including special agreements to be made. According to these regulations, the use of the mortgage system is expected. This study will focus on introducing the general situation of the French auction process. Specifically, (1) outline of real estate execution procedure, (2) maximum payment equated with foreclosure, (3) act of preparation for sale, (a) real estate status report, (b) summons of the deadline for determining procedures, and (c) terms of sale Statements, (d) report of bonds, (4) date of decision of procedure, (6) sale (a) announcement, (b) auction, (c) payment of sale price, (d) sale judgment, (e) effect of forced sale, (f) Increased sale price, (g) re-auction, (5) dividend procedure, (a) consensus dividend, (b) judicial dividend, etc., in order, and examine the research method of the French Civil Execution Act in detail.