• Development and Reproduction
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• v.25 no.2
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• pp.113-121
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• 2021

This article aims to introduce German discussion on the approval of the non-invasive prenatal diagnosis (NIPD), which started with the development of PrenaTest^® by LifeCodexx AG. The discussion started with the concern that the non-invasive nature of NIPD, such as PrenaTest^®, may rapidly expand the use and scope of similar tests, thus leading to a new era of eugenics. Based on this concern, the need for clear clinical guidelines on specific indications for NIPD has been suggested. Along the same line, it was discussed whether PrenaTest^® is against the Basic Law prohibiting discrimination on grounds of disability and whether the test is outside the scope of the purpose of gene testing limited by Genetic Diagnosis Act. Through such discussion, the Federal Ministry of Health of Germany established the preconditions for inclusion of NIPD in the German public health insurance system. For this, the German motherhood guideline was amended and the information for the insured persons provided to pregnant women was included in the amended guideline. Such discussion made in Germany provides insight on which points should be considered when various gene testings are accepted in Korea, in which genetic communication has not been systematized yet. In particular, German counseling system for pregnant women will provide valuable insights for Korea where the direction for regulations on abortion has not been established even after the ruling by the Constitutional Court that charges for abortion are against the constitution.

• Journal of Korean Academic Society of Home Health Care Nursing
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• v.26 no.3
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• pp.253-264
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• 2019

The aim of this review is to present a German system of an outpatient care center under the German Health Insurance Act and home care (integration of medical care, basic care, bathing) under the Long-Term Care Insurance Act. This idea of a German integrated home care system should contribute to the development of a Korean home care model. Prior the introduction of long-term care insurance (1995), and with the of the health insurance law (1989), German outpatient care centers already provided medical and basic care services for patients with acute and chronic symptoms. Since 1995, patients with acute symptoms and rehabilitation periods under the Health Insurance Act have been eligible for home care. The Long-Term Care Insurance Act is intended for all citizens who are unable to carry out their daily activities for more than six months. In 2017, 13,657 (97%) of 14,050 outpatient care centers provided home care services after long-term care and health insurance. In other words, patients in Germany can use home care in both the acute and chronic phase at the same home care center, or 'integrated home-care center'.

• Journal of Environmental Impact Assessment
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• v.2 no.2
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• pp.13-25
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• 1993

Environmental Impact Assessment (EIA) serves to identify a project's possible effects on the environment early enough sufficiently allowing for them to be taken into account in the decision-making process. The EIA in Germany is an instrument of environmental Policy which considers nature as an integrated system (ecosystem). In the german process of developing environmental policy, the EIA has been one of the instruments which introduced by law rather late. This means that the German Law of EIA has been made in 1900, 20 years after the beginning of the environmental policy in Germany. In the following paper I intend to ${\cdot}$ explain the basic concept of the EIA in Germany ${\cdot}$ describe the process of law building for EIA ${\cdot}$ give a short overview of applications and experiences with EIA ${\cdot}$ show the links between EIA and general environmental policy in Germany.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.23-62
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• 2003

The Law amending the Conflict of Laws Act of the Republic of Korea ("Korea"), which had taken two years to prepare, was promulgated on April 7, 2001 and finally took effect as of July 1, 2001. Accordingly, the old earlier Conflict of Laws Act which was called "Seoboesabeop" in Korean ("Prior Act"Old Act) was replaced by the new Conflict of Laws Act called "Gukjesabeop" in Korean ("New Act"). In fact the Old Act Prior Act was promulgated in 1962, but it was regarded as outdated from the moment of its promulgation. However, since the Old Act because it was modeled after the chapter of the Private International Law of the Einfuehrungsgesetz zum Buergerlichen Gesetzbuch (EGBGB) of the Federal Republic of Germany ("German PIL") and the Japanese Private International Law ("Japanese PIL") which had been promulgated toward the end of the 19th century., the Old Act was viewed as outdated from the moment of its promulgation. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. In the field of conflict of laws in its narrow sense, a revolution or crisis of the traditional conflict of laws has been brought about by the advent in the United States rise of a the new methodology for of the conflict of laws, of the United States of America and in the process of overcoming the such crisis the conflict of laws of the European continent has undergone substantial changes such as the diversification of the connecting principles, the expansion of the principle of party autonomy and the consideration of the value of the substantive law to protect socio-economically weaker parties of. The Prior Act, which was based on However, with the mechanical connecting principles and contained various outdated the inappropriate provisions, the Old Act could not cope with the issues raised by the internationalization and globalization of the Korean society. Furthermore In addition, the Old Act Prior Act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, whereas the expectation of the public was that the Conflict of Laws a Act should function as the "Basic Law of the International Legal Relationships"encompassing rules on international jurisdiction given the increase of international disputes. Furthermore the private international law has also attracted more attention from the Korean At the beginning of the new Millennium, thanks to the promulgation of the New Act, I believe that Korea has succeeded in achieving the modest goal of reflecting in the its codification substantial parts of the major developments of the private international law which the leading advanced continental European countries had achieved during the last century. The New Act has followed the approach of the traditional conflict of laws of the European continent. It is a product of the efforts to eliminate the then existing problems of the Prior Old Act and to adapt the Korean private international law regime to the standard of international conventions and national laws of advanced countries. Unlike the Prior Old Act which was heavily dependent upon the prior Japanese PIL and the prior German PIL, the New Act has been prepared by taking into full account the Rome Convention, the Swiss PIL, the new German PIL which took effect in 1986 and various conventions adopted by the Hague Conference. Therefore, the New Act has substantially reduced dependence upon the Japanese PIL and the German PIL, and has gained relatively greater universal validity. The fact that the New Act expressly declares that the determination of international jurisdiction is a matter of conflict of laws is a clear sign that it has departed from the German tradition which confines the conflict of laws principles to choice of laws rules, and moved toward a broader and more practical approach widely accepted in the area of conflict of laws. It is hoped, and I am personally confident, that the New Act will be able to achieve its intended objectives in the 21st century as the basic law for the ever-increasing legal relationships with a foreign element.

• Journal of Society of Preventive Korean Medicine
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• v.22 no.3
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• pp.45-60
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• 2018

Background : There have been a variety of healthcare systems related to CAM practitioners developed in each country. However, the European cases have not been widely introduced in Korea so far. In the case of Germany, CAM practices have been developed in the frame of "Heilpraktiker" system. Objectives : The objectives of this study were to review the historical development and current situation of German Heilpraktiker system and its conflicting relationship with Western medical doctors, in order to utilize it as basic data for the conflict resolution between Western- and KM doctors in Korea. Methods : The historical development, current regulations and education system of Heilpraktiker were assessed. Research articles, reports, government publications and websites dealing with this issue were searched for and analyzed. Results : Heilpraktiker system was developed within German historical and cultural situation where naturopathic traditions were reilluminated in connection with modernization process of the state under the influence of romanticism formulating German nationalism. Between the concept of "Kurierverbot"(prohibition on medical treatment by non-physicians) and "Kurierfreiheit"(freedom of medical treatment), Heilpraktiker achieved a limited but legitimated right to conduct non-biomedical treatments from the state in the process of the formulation of modern German medical system. In this process, the conflicts between medical doctors and heilpraktikers have been also growing up to now. Conclusions : Heilpraktiker system, officially recognized with the legislation of Heilpraktiker law in 1939, stands at a crossroads between the continual development through strengthening its professionality, and abolition of the system due to its lack of quality control and medical evidence mostly argued by Western medical doctors, which has considerable implications for Korean situations in terms of the conflicting relationship between KM- and Western medical doctors. In this regard, it is necessary to discuss the debates on the concept "Kurierfreiheit"(freedom of medical treatment) developed within German tradition of medical pluralism.

• Korean journal of communication and information
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• v.47
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• pp.74-95
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• 2009

With the digital technical development, the German public broadcasting system has enlarged their online services with the rapid growth of internet population and digital channels. In the debate on online services of public broadcasting systems the major issue is that broadcasting fees finance their broadcast, though they are intended to support mass communication only. Therefore the German private broadcasting claimed to the European Union, that broadcasting fee of the German public had to be regarded as state aid concerning fair competition. Due to the autonomy of the German public broadcasting systems, guaranteed by the German Constitutional Law, a public value test was proposed to the EU and was accepted domestically. The cut in rise of broadcasting fees was stated unconstitutional by the German Constitional Court in 2007, when online services were consolidated as the third media amongst TV and radio with regard to basic provision. This with the public value tests of the public and the accept of the EU's Audio Visual Media Services Directive was constituted in the 12th amendment of the State Contract of Broadcasting. This three-dimensional legislative process could be instructive for the korean process, because Korea too is on the verge of constituting a regulatory system of convergence media.

• Korean Business Review
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• v.21 no.1
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• pp.37-49
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• 2008

Many sports organizations have been founded due to the Increasing demand for sports with the development of leisure culture. As a social institution for sport facilitation, sports organizations should assure rationality and transparence of finance and operation by introducing a system for financial reporting as usually adopted for a profit-making corporation. Also, general regulations on the tax obligation in sports organizations have to be formulated more clearly. This study tried to derive some implications for the accounting and taxation obligations in Korean sports organizations based on a basic model of public sports organizations, formed with a profit-making organization and satisfying the requirements of public interest as regulated by German taxation law.

• Journal of Korean Society of Rural Planning
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• v.12 no.2 s.31
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• pp.75-85
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• 2006

The study aims to explore the situation of allotment garden and its implication from case study on the Kleingarten in German the Dacha in Russia and the Civic Garden in Japan. It has shown that the allotment gardens have gradually been an important for urban people to have recreation and health from agricultural activities. The results suggest that whereas most of kind of allotment gardens in three countries was perspectively enhanced according to their historic and social contexts, the basic rationales initiated were to provide recreation areas for supporting people health and preserving green areas in urban areas. To expand these kind of allotment gardens, we conclude that the establishment and amendment of the related law are needed to activate and enhance the allotment garden in Korea.

• Journal of Christian Education in Korea
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• v.74
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• pp.227-253
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• 2023

Purpose of the Study: This paper focuses on a significant historical event, namely the Bremen teachers' movement of 1905, which aimed to abolish religious classes in public schools. By examining an incident in the German history of religious education that remains unfamiliar to the Korean Christian Association, I aim to explore the interconnected diachronic and synchronic influences involved in this particular event. Contents and Method: The religious controversy sparked by the Bremen Teacher's movement of 1905 marked the first official call for reform towards neutral religious education in schools. Several factors contributed to this debate, including the rise of civil society in the 19th century, advancements in science and scholarship, the emergence of social democracy, and the conflict between the Lutheran and Reformed Churches. This paper delves into the historical context of the controversy and analyzes its impact on the develop of religious education in Germany. As reflected in the Bremen Document, the official outcome of the Bremen Teacher's Movement, educators argued for the separation of religion and education, emphasizing that religion is a deeply personal matter. The document called for the adoption of value-neutral moral education in public schools, achieved through objective Bible-History classes. This paper explores the impact of the Bremen School Dispute of 1905 on the development of religious education in Germany. Specifically, the provisions of the Bremen State Constitution of 1948 and the German Basic Law of 1949 were influenced by the controversy, with Article 141 of the Basic Law - known as the 'Bremen Clause' - providing a legal basis for the exclusion of churches from religion-classes at Schools in Bremen. The Bible-History Classes advocated in the Bremen Documents served as the basis for the present-day Bremen religious education curriculum well known for neutral objective religion-classes. Conlusion: This study analyzes the background, content, and influence of the Bremen School Controversy, which remains relatively unknown in Korea. The findings of this study can contribute to the ongoing discussion of Christian school education in Korea, with an emphasis on maintaining a Christian identity while promoting religious publicity in the classroom.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.125-147
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• 2009

The Basic Environmental Policy Act (BEPA) (Law No. 4257 effective 1. August 1990) sets forth the basic policies and administrative framework for environmental preservation, leaving more detailed regulations, and emission controls to separate laws targeting air, water, and solid waste, etc. The BEPA Article 31 adopts an unprecedented strict liability standard for damages as an absolute liability. The BEPA Article 31 provides for liability as follows. If a company is alleged to have caused damage through pollution of the environment, it will be liable for damages unless it can show that the pollution did not cause damages, or that it did not actually cause pollution. If the company did cause pollution, and if the pollution is the cause for the damages in question, the company will be liable irrespective of whether it was negligent or otherwise at fault. If there are two or more companies involved in the pollution, but it is unclear which company caused the damages, all of the companies will be jointly and severally liable for the damages. In this paper, the author attempts to uncover the problems of BEPA Article 31 and then seeks desirable amendments by comparing it to the German Environmental Liability Act. First, it will be necessary to provide definitions of 'companies etc.'. Second, it will be necessary to enumerate the kinds of company facilities. Third, it will be necessary to provide exclusionary clauses on material damages. Fourth, it will be necessary to show 'presumption of cause and effect'. Fifth, it will be necessary to provide a clause on 'right to information'. Sixth, it will be necessary to provide a clause for force majeure. Seventh, it will be necessary to take measures to secure abundant liability for damages which can be caused by the owner of the facility, the potential polluter. Finally, it is appropriate that Korea now legislate an Environmental Liability Act akin to the German Environmental Liability Act.