2025, Vol.13, No.1

A New Approach to the Voluntary Guardianship System

Oh, Ho-Cheol | 2025, 13(1) | pp.49~81 | number of Cited : 0

Recently, the Republic of Korea has been struggling to solve the low birth rate and aging population. The whole society is aging at an alarming level. Most predictions show that Korea will become a super-aging society in 2025. As a result, one of the numerous social problems of such a society is becoming real, as the proportion of prospective dementia patients is gradually increasing. One precaution against such phenomena is the New Adult Guardianship System, which will become part of Korea's civil law on July 1, 2013. The New Adult Guardianship System is a system in which a guardian is appointed to an adult who needs help with affairs due to illness, disability, old age, and other reasons through a family court decision or guardianship contract so that the guardian can manage the property and protect the ward. The former is called statutory guardianship, and the latter is called voluntary guardianship. Voluntary guardianship is a system in which an individual enters a voluntary guardianship contract in preparation for one's future decline in judgemental ability, and once the judgemental ability declines, the individual designates a voluntary guardian supervisor, and the voluntary guardianship contract arises. When it was initially introduced, this system was viewed as the most aligned with the principle of "respect for the right to self-determination," a key ideology of the new adult guardianship framework, and was anticipated to see widespread adoption. However, contrary to such predictions, the utilization rate stayed low, and even when a voluntary guardianship contract was made, the designation of the advisory guardian supervisor, which is a requirement for the contract to take effect, was not applied, thereby causing a gap in the protection of the individual. There are many reasons why people do not apply for a voluntary guardian supervisor. For example, when the guardian contract holder is unaware of the fact that his or her judgment ability has declined; where the voluntary guardian contract has been concluded, and the voluntary guardian is managing the property and protecting the contract holder, but the contract holder is avoiding the designation of a voluntary guardian supervisor; where the individual is living alone or has children who are in a difficult situation to take care of him or her so the individual is unable to appropriately appoint the voluntary guardian supervisor even when his or her judgment ability has declined. In terms of the voluntary guardianship system, Japan has prepared an "observation contract" in order to address the problems pointed out above as a continuous support. Here, an observation contract is a contract whereby, after concluding a voluntary guardianship contract, the person makes regular visits or contacts to understand the person's life or health condition so that the voluntary guardianship contract can take effect at an appropriate time. Of course, this causes certain costs. However, if this system can fill the gap in one's protection, it is worth considering. To this end, this paper summarizes the current issues regarding the voluntary guardianship system in Korea and Japan and examines the content of the observation contract system as a solution to the problems of the voluntary guardianship system.

Improvement Measures for the Seizure and Search of Digital Data: Balancing Investigative Efficiency and Human Rights Protection

Kwon Yang-sub , Hong, Tae-Seok | 2025, 13(1) | pp.85~109 | number of Cited : 0

Guarantee of the right to participate in the search and seizure of digital evidence

YeongHun Jeong | 2025, 13(1) | pp.111~141 | number of Cited : 0

With the spread of smartphones and tablet terminals, it is becoming a daily routine to create, use, and store contracts, bills, and photos as they are. In the past, the original was primarily written using paper, but now it is not uncommon for them to be stored only in cloud storage without being printed on paper and end their role. Therefore, digital information has a very important meaning in modern society. However, under the current Criminal Procedure Act, the regulations on seizure and search are highly likely to be based on fluids in the past. Moreover, regulations related to digital evidence also stipulate that the subject of seizure and search is for printed materials or information storage media itself, so it is not clear whether electronic information itself is subject. Considering the current importance or meaning of electronic information, it is necessary to amend the current criminal procedure law, which is defined based on fluids as objects of seizure and search. Since there are characteristics that only fluid objects and digital evidence have, it is treated as an object of seizure or search in an investigation, but it must be treated differently from evidence, which is a general fluid. Therefore, it is most important to operate due process related to evidence collection. Under the Criminal Procedure Act, the right to participate in seizure and search is the right of persons involved in the case, such as suspects, to express and carry out opinions on illegal acts of investigative agencies beyond cooperating in the execution of warrants, or to record them and seek the judgment of the judiciary later. Invisible digital evidence has become a fatal risk to data subjects and a very attractive means to investigative agencies. Therefore, a face-to-face hearing procedure by the judiciary is required before issuing a seizure and search warrant because it is necessary to be careful not to reflect only attractive factors in the issuance of the warrant. In the process of searching and collecting a vast amount of electronic information that is difficult for an investigative agency to grasp, it is necessary to guarantee the right to state opinions on the execution of illegal warrants, such as collecting information irrelevant to the charges. In order to guarantee the right to state actual opinions, the warrant must have specific information on the criminal charges, and prior notice of the contents related to the execution of the warrant should be made. Depending on the characteristics of digital evidence, it goes through several stages of evidence search and collection. Guaranteeing the right to participate only at some stage is meaningless in the case of digital evidence. Therefore, it is necessary to clearly guarantee the right to participate in the entire process of seizure and search. It is the public defender system that must be discussed together to substantially guarantee the right of suspects to participate in the evidence collection stage. This is because it can be reduced to a benefit that only those who have a lawyer's appointment can exercise in the evidence collection stage, which is the investigation stage. Therefore, the expansion of the public defender system should be supported.

A Study on the Legal Harmony between Airport Location Determination and Land Improvement - Based on the case of Germany's land improvement plan -

Lee Hyeong Seok | 2025, 13(1) | pp.145~180 | number of Cited : 0

Crisis of Sovereignty as a Side Effect of Immigration Nationalization

Jongho Kim | 2025, 13(1) | pp.181~232 | number of Cited : 0

In a situation where the population is rapidly decreasing, what options can be taken to maintain the survival of the country? Immigration is often mentioned as an easy option. Immigration, in its simplest definition, is the movement of people from one place or country to another. It is a simple yet fundamental aspect of human history. The rate of international migration crossing borders is increasing every year, which has a profound impact on a country’s population size, cultural diversity, and economic productivity. Today, the constant influx of settlers and refugees around the world raises important questions. What exactly causes immigration? Economic reasons are probably paramount. However, I believe that finding reasons for immigration is not a matter of legal discourse, so I think it would be better to focus on the impact of immigration. Liberal democracy was originally a concept that reflected the will of the people, relieved the weak, and realized social justice by replacing the autocratic system. However, in the modern political system, this political ideology’s pursuit of freedom and relief for the weak have weakened. This is considered to be the cause of chaos in the world of liberal democracy. In order to suppress chauvinism, it is essential to first rescue the internally weak. Wealth redistribution and relief for the vulnerable and social minorities are needed. Without improvements in these macro indicators, population growth will not be easy. Long ago, nomads traveled far and wide to find fresh, fertile land, pastures for their livestock, and rich areas for hunting and fishing. Even in modern times, immigration still continues around the world. The demographic composition of people crossing borders has changed significantly over the past decade. This can be attributed to a wide range of factors that we can categorize into two groups: push factors and pull factors. Examining these factors is essential to fully understand why global migration has increased over the years. Above all, what the international community must do is to correct the development gap between developed and developing countries, and especially to strengthen support for ‘vulnerable countries’ or ‘countries in conflict’ that cannot provide fair and sufficient services to their citizens. Korea should also respond to this global trend and make policy choices to strengthen support for vulnerable countries or countries in conflict. One of the ways to do this is the issue of immigration and refugees. It is hasty to suggest immigration as an alternative to population decline without raising any issues. Common factors driving migration include armed conflict, exposure to disaster, gender inequality, lack of employment opportunities, political corruption, and lack of access to competent healthcare and education. Simply put, it is a negative reason that causes an individual to leave his or her country of residence. On the other hand, inflow factors are the exact opposite of migration factors. Accepting immigration can lead to serious and unexpected side effects, so a multifaceted debate is needed. In this paper, I examine cases of land ownership and territorial jurisdiction infringement as cases where our sovereignty is violated by foreigners.

A study on legal nature and qualification as a Property of vertual asset - Especially around UNIDROIT regulation -

Danbie Choi | 2025, 13(1) | pp.233~249 | number of Cited : 0

Virtual assets, based on blockchain technology, have emerged as significant components of the modern financial ecosystem, possessing economic value and facilitating digital transactions. As their role in financial markets continues to expand, discussions regarding their legal status and ownership rights have become increasingly critical. However, current legal frameworks lack explicit recognition of virtual assets as property under traditional property law principles, leading to significant legal uncertainties. In particular, virtual assets differ from tangible assets in that they exist solely in a digital environment, raising challenges in applying conventional property concepts. This necessitates a thorough legal analysis to determine whether virtual assets can be incorporated into property law and how their ownership can be legally protected. This study examines domestic and international legal perspectives on whether virtual assets can be recognized as property and explores key legal issues surrounding their classification. In particular, the study references the UNIDROIT Principles on Digital Assets, which introduce the concept of "control" as a means of establishing property-like rights over digital assets. Unlike traditional physical possession, control under the UNIDROIT framework is defined by the ability to exclude others from benefiting from the asset, to derive economic value, and to transfer ownership. By incorporating this concept into domestic legal systems, virtual assets may be afforded stronger property protections, aligning legal frameworks with technological advancements. Furthermore, this study evaluates the applicability of bona fide acquisition and security rights to virtual assets. In traditional property law, bona fide acquisition applies to tangible assets, allowing a good-faith purchaser to acquire valid ownership even if the transferor lacked full ownership rights. However, virtual assets operate on blockchain-based transaction records, which provide inherent traceability. This study explores whether blockchain transaction history can serve as a legal basis for establishing ownership and whether bona fide acquisition principles should be adapted to accommodate the unique characteristics of virtual assets. To ensure legal certainty and transactional stability, legislative amendments are required to explicitly define ownership and security interests in virtual assets. This study contributes to the ongoing discussion on the legal classification of virtual assets by proposing regulatory frameworks that integrate property law principles with digital asset technology. By doing so, it aims to enhance legal predictability in virtual asset transactions and facilitate their secure integration into financial and investment markets. Moreover, given the global nature of digital assets, harmonizing domestic laws with international regulatory trends, such as the UNIDROIT framework, will be essential for ensuring comprehensive legal protections.

A Study on the jurisdiction (address, residence, breeding place) of registration criteria for companion animals

Lee Jin Hong | 2025, 13(1) | pp.251~269 | number of Cited : 0

In the case of the registration system for companion animals, the breeding permit system for vicious dogs, and the temperament evaluation system, it is necessary to review the criteria for the registration criteria (address, place of residence, breeding place) of companion animals, considering that the actual breeding place (breeding place) and registration information are different. If we are to make a suggestion for the registration criteria (address, place of residence, breeding place) for companion animals, first, both the address of the owner (breeder and guardian) and the breeding place (breeding place) of the companion animal should be listed (there may be issues with local government management or budget) so that they can be applied or selected. The basic premise here is that a system capable of managing the registration information of companion animals in real time should be established and linked (National Animal Protection Information System) so that it can be quickly searched and changed. Second, the registration criteria for companion animals should be changed from the owner (foster and guardian) to the actual place of custody (breeding place). The basic registration should be at the address of the owner (foster and guardian), and additional registration should be at the actual place of custody (private place). As a basic prerequisite, reporting should be mandatory when the registered place of custody (breeding place) is changed. Third, in the case of temperament evaluation, it should be conducted at the actual place of custody (breeding place) of the companion animal, not the address of the owner (foster and guardian). To this end, the place of custody (breeding place) must be clearly described and directly investigated. In particular, in the case of temperament evaluation, the results may be even worse if it deviates significantly from or is different from the actual living environment.

A Study on the Unstable Factors of Return of Deposit in Lease (Jeonse) Contract and the Need for Real Estate Education - Focusing on Cases and Precedents -

Cho Jae Jin , Kwon, Kee Wook | 2025, 13(1) | pp.271~296 | number of Cited : 0

The Criminal Countermeasures against the Outflow of Defense Technology

Song, Seung Eun | 2025, 13(1) | pp.297~327 | number of Cited : 0

Since defense industry technology is not only a national security asset but also a strategic economic resource and has significant value, it is highly necessary to focus on protecting national capabilities. Long-term and large-scale investments are involved as a national strategic resource that is directly connected to national security. Internationally, securing reliability through strong technology protection and cooperation between allies are of paramount importance in defense industry technology transactions. As Korea's defense industry technology has developed dramatically and the market for introducing various weapons and defense systems has grown in size, attempts to leak and infringe from abroad have increased rapidly, and the importance of technology protection is increasing. With the entry of the 4th Industrial Revolution era, core defense technologies are developing, and weapon systems that respond to them are also becoming highly precise, advanced, and multifunctional. Techniques to seize and defraud defense technologies in illegal ways are also evolving as it becomes increasingly difficult to secure core technologies in the defense industry in a situation where competition for technology acquisition between countries is intensifying and technological protectionism in advanced countries is intensifying. Since defense industry technology is directly related to national security, it is necessary to establish a strong defense industry technology protection system and respond strongly to defense industry technology leakage and infringement crimes contrary to national security and national interests. Korea is actively responding by establishing legal and institutional measures, such as enacting the Defense Industry Technology Protection Act in 2015 and strengthening the statutory punishment for defense technology leakage through several revisions, but questions are being raised about effective responses, such as the increase in the outflow of defense technology abroad. In this situation, the argument to punish the outflow of defense industry technology abroad as a crime of espionage under the criminal law is drawing attention. It is necessary to respond strongly to the crime of espionage under the criminal law for the outflow of defense industry technology that threatens national security and causes enormous damage to the national economy.

ndustrial Cluster Theory and Application Case Study for Local Revitalization

Lee, Ji-Youn , Kim, Sang-Jin | 2025, 13(1) | pp.329~378 | number of Cited : 0

You may have heard the term industrial cluster a lot. Industrial clustering is a phenomenon that greatly influences the local economy. This structure, in which economic development is promoted by concentrating industries in specific regions such as Silicon Valley or wine clusters, is attracting attention around the world. Companies in the same industry and related industries come together to create cost reduction, efficiency, and innovation, thereby increasing the competitiveness of the entire region. In the United States, the evaluation of regional clusters has already been conducted in many studies. For example, the U.S. National Competitiveness Council, in its research report (Clusters of Innovation), identifies 41 clusters across the United States. Among these are internationally renowned areas such as North Carolina’s Research Triangle, the Washington DC area, and Boston, as well as areas that are not well known in Korea such as Wichita. The report conducts an empirical analysis of these regions and concludes that the strongest and most competitive clusters are an essential component of creating an excellent business environment and a driving force for innovation and productivity improvement within the region. Second, it is said that the natural formation of a cluster is not easy, and in order to create one, it is important for regional industry, academia, and government to share a regional strategy (vision) and to achieve broad cooperation between industry, academia, and government accordingly. In order to form a competitive cluster, each component such as the federal government, local governments, universities, and institutions that promote cooperation within the cluster has its own role. In fact, in the United States, for example, there have already been several initiatives related to the formation of regional research bases that gather critical mass intellectual talent, the establishment of joint industry-academia research centers or technology parks, the establishment of support centers for entrepreneurs and small and medium-sized businesses such as SBDCs or incubators, and the formation of clusters. Various policies are being pursued to coordinate the activities of institutions and promote cooperation. In this paper, we explain the basic definition of industrial agglomeration, its types, examples, and theoretical background, and review its mechanisms, growth factors, and success cases based on Michael Porter’s cluster theory.

A Study on Changes in the Law of the Utmost Good Faith in the UK with Overseas Trends and Focusing on the Expansion of Insurers' Duty

Hwang JungHye | 2025, 13(1) | pp.379~405 | number of Cited : 0

The duty of utmost good faith is an obligation under the English Marine Insurance Act that emphasizes that the obligations required of the parties to an insurance contract should be performed with the utmost good faith, and is currently the guiding principle of all insurance contracts. The duty of utmost good faith has a significant impact on the contract itself before the contract is concluded, while after the contract, it causes damage to the other party or causes the contract to become invalid, thereby causing disadvantages to the other party. However, despite the premise of an equal relationship in the rights and obligations of the contracting parties, in reality, it is advantageous to the insurer and relatively disadvantageous to the insurance consumer. As a result of criticism, the relevant legal provisions have been revised and amended, and the duty of utmost good faith has been relatively relaxed for the insurance consumer, while the duty has been strengthened and the scope of the duty has been expanded for the insurer. The punitive damages liability under the US insurance law and the expanded interpretation of the duty of the insurer under the Australian Insurance Contracts Act can be said to reflect this trend of strengthening and expanding the duty of the insurer. Our Supreme Court also ruled that “the duty of utmost good faith under the English Marine Insurance Act applies to all stages of the conclusion, performance, and claim of insurance money after an accident,” and thus the duty of utmost good faith is recognized not only before but also after the conclusion of an insurance contract. However, when we examine the legal provisions in our Commercial Act that indirectly include the duty of utmost good faith with respect to the person liable for the duty of utmost good faith, most of them are measures to prevent or restrain the moral risk of the policyholder, and the legal provisions that require the insurer to fulfill the duty of utmost good faith are relatively few, and it is difficult to judge that the effect of the breach of duty by the insurance consumer and the insurer is equal. Rather than providing provisions to protect the insurance consumer, who is relatively weaker in insurance contracts, the insurance section of Part 4 of the Commercial Act stipulates more various mandatory provisions than the insurer, which is not in line with the purpose of protecting the insurance consumer, who is relatively less specialized, and rather seems to give more power to the insurer. This situation should also be considered in light of the fact that insurance complaints are continuously increasing despite multifaceted efforts. In order to protect the relatively weak insurance consumers and achieve a practical balance in insurance contracts, it is necessary to expand the insurer's obligations and strengthen the performance of the obligations, rather than emphasizing the fulfillment of the utmost good faith obligation only to the insurance consumers. In this study, the concept of the utmost good faith obligation and the difference from the duty of good faith in insurance contracts were studied, and the necessity of expanding the utmost good faith obligation of the insurer and improvement measures for strengthening it were presented as domestic implications through analysis of the legal changes in England, the origin of the utmost good faith obligation, and overseas trends. The results of the study are as follows. The results of the study on improvement measures necessary for expanding the utmost good faith obligation of the insurer are as follows. First, it is necessary to delete the cancellation right provision in case of violation of the duty to explain insurance terms and conditions before concluding the contract, and to revise the starting point of exercising the contract holder's rights from the time of concluding the contract to the time of learning of the violation. Second, additional provisions are needed for the insurance payment obligation after concluding the insurance contract, regarding the insurance payment investigation and calculation period, and this period should be predictable so that the reasonable protection expectations of the insurance contract holder can be met. Third, in order to strengthen the independent and objective supervisory function of the supervisory agency, the supervisory function should be separated and the establishment of an independent agency should be promoted. By expanding the authority of the supervisory agency, it will be possible to expect a practical insurance consumer protection function through supervision of insurers.

The Legal System of Pakistan and Its Implications for Republic of Korea

HoChang Roh | 2025, 13(1) | pp.407~443 | number of Cited : 0

In today's Korean society, where low birth rates and an aging population are serious issues, and the decline in the school-age population is evident, the inflow of foreigners and coexistence with them have become essential. As one of the manifestations of this phenomenon, even at universities, we can encounter a significant number of foreign students, including those from China, Vietnam, and also a substantial number from Pakistan. This study was initiated by the necessity I felt upon observing the foreign students from Pakistan who have come to Korea to study at universities. Pakistan's legal system and institutions are hardly known in Korea, and there has been little research on them. However, given Pakistan’s geopolitical significance and the increasing number of Pakistani immigrants in our society, the need to pay attention to and conduct research on Pakistan is growing. In particular, since legal relationships ultimately govern all forms of interactions, it is essential to gain at least some understanding of their legal system and institutions. There are several aspects to consider when discussing the purpose and necessity of exploring Pakistan's legal system. First, Pakistan is a major country in South Asia, holding significant geopolitical and political importance. Due to this importance, various issues related to Pakistan are frequently discussed on the international stage, and among them, its legal system is a crucial factor. Pakistan’s legal system is a hybrid model influenced by Islamic Sharia law and British legal traditions. Understanding this system can be highly beneficial in engaging with Pakistan in various capacities. Second, interactions between Korea and Pakistan are increasing. The two countries are forming closer ties in areas such as trade, investment, and cultural exchanges. Within these interactions, the legal system is an indispensable factor. Regardless of the type of business or cooperation pursued, the foundation of all such interactions is ultimately the law. Therefore, thoroughly understanding Pakistan’s legal system and using it as a basis for Korea-Pakistan relations is of utmost importance. Third, this study holds significant academic value in Korea. Research on Pakistan is still scarce, and studies specifically focused on its legal system are almost nonexistent. Given this situation, this research can serve as a foundational study that will facilitate further academic exploration of Pakistan. Moreover, the insights and information gained from this study can also be applied to interactions with other Islamic countries. Fourth, the practical necessity of this research is substantial. Understanding Pakistan’s legal system can enable Korean businesses, government institutions, and civil organizations to collaborate with Pakistan more effectively. In particular, when Korean companies invest in or conduct business in Pakistan, having prior knowledge of potential legal risks will allow them to anticipate and prepare accordingly. By examining Pakistan’s legal system, this study aims to contribute not only to academia but also to real-world applications, enhancing Korea-Pakistan relations and fostering smoother interactions between the two nations.

Assisted Reproductive Technology Using A Third Party and Parentage

Jeong-Il, Park | 2025, 13(1) | pp.445~472 | number of Cited : 0

Suggestions for preventing school violence - Focusing on the basic plan for school violence prevention and countermeasures -

IM, Namsoo , Kim, Mi-jung | 2025, 13(1) | pp.475~494 | number of Cited : 0

Problem with the crackdown on Covert patrols and Improvement Plan

Lee, Beom-Oh , Sung, Jin Ki | 2025, 13(1) | pp.495~514 | number of Cited : 0

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Legal Theory & Practice Review 2023 KCI Impact Factor : 1.03

2025, Vol.13, No.1