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香港、澳门特别行政区基本法的颁布和实施，是中国宪政制度及其理论的一个极为重要的发展。基本法是由全国人大制定的宪法性法律，将国家对港、澳的基本法方针政策法律化、制度化，由此，中国的单一法域向多元法域的格局转化。基本法以“一国两制”为指导方针，一方面体现了维护国家主权、实行高度自治、保障繁荣稳定的基本内容;另 一方面，反映了民主与法治的现代宪政思想，确立了新型的民主政制模式：行政主导，行政与立法互相制衡，又互相配合，司法独立。十余年来的实践证明，基本法是经得起实践检验的，但也面临诸多挑战，涉及不同法域的法律传统的差异，涉及诸多复杂的法律关系，如原有法律的包括保留和适应化问题、司法解释与基本法的衔接问题、行政主香港、澳门特别行政区基本法的颁布和实施，是中国宪政制度及其理论的一个极为重要的发展。基本法是由全国人大制定的宪法性法律，将国家对港、澳的基本法方针政策法律化、制度化，由此，中国的单一法域向多元法域的格局转化。基本法以“一国两制”为指导方针，一方面体现了维护国家主权、实行高度自治、保障繁荣稳定的基本内容;另一方面，反映了民主与法治的现代宪政思想，确立了新型的民主政制模式：行政主导，行政与立法互相制衡，又互相配合，司法独立。十余年来的实践证明，基本法是经得起实践检验的，但也面临诸多挑战，涉及不同法域的法律传统的差异，涉及诸多复杂的法律关系，如原有法律的包括保留和适应化问题、司法解释与基本法的衔接问题、行政主

The promulgation and execution of the Basic Law of Hong Kong and Macao Special Administrative Region was a fundamental development for Chinese constitutional system and its theory. Enacted by the National People’s Congress as a constitutional law，the Basic Law enabled the State to legalize and systemize the guidance and policies of the Basic Law for Hong Kong and Macao, thus transferred the structure from single legal region into multi-legal region in China. The Basic Law, guided by the principal of “one country, two systems”, on the one hand realized the fundamental content of protecting the interest of national sovereignty, exercising high degree of autonomy and safeguarding the prosperity and stability; on the other hand, reflected the modern constitutional philosophy of democracy and rule of the law, established a new type of democratic governing model：the executive-led, checks and balances and coordination between Administration and Legislative, Judicial independence. Experience over the past decade has proved that the Basic Law stood the test of practice, but still facing a lot of challenges. The challenges mainly related to the difference of legal tradition in different legal regions, and involved many complicated legal relations, such as the retention and adaptation of the original laws, judicial interpretation of convergence with the Basic Law, the balance between Administration and judiciary, etc. All of these need to be perfected actively under the framework of the Basic Law. How to innovate and develop based on the theory and practice of the Basic Law is the new topic facing Chinese constitutional field.

粮食安全是人类社会存在和发展最基本的物质条件，转基因技术应用于农作物生产，可大幅度提高粮食产量、减少农药使用，增加食品安全，具有重要的社会效益和经济效益。转基因农产品可以解决全球粮食短缺问题、丰富人们的食品，但对粮食安全也存在着潜在的风险，必须依法加以严格管理。

中国的劳动合同立法，在很大程度上吸收了各方面的意见和建议，取得了一定的突破 和进步，体现了近年中国劳动合同法理论研究和实践探索的成果。但中国《劳动合同法》“生不逢时”，其颁布和实施，引起了社会各界的广泛争论，也与现实社会产生了激烈的冲突。理清中国《劳动合同法》的立法现状和争议热点，看清其缺陷，对进一步研究探索解决问题的方法，对完善劳动合同制度建设具有重要意义

The food Security is the basic material prerequisites for human being to exit and develop. It will remarkably increase grain output , food safety and reduce the amount of pesticide used. if we apply transgenic technology to agricultural production which may benefit to both society and economy. Transgenic agricultural products may solve the world problem of food shortage and enrich the varieties of food, however, we must regulate it strictly because Transgenic agricultural products have potential danger which may do harm to food supplies safety.

China labor contract law has largely taken in all aspects of advice and that certain progress is achieved, which demonstrate achievements of china labor contract law in theoretical research and practical exploration fields in recent years. However, the law is born out of time. When it comes to promulgation and implementation of the law, it causes socially widespread argument and sharp conflicts of society have arisen. So to clarify its legislative situation and controversial issues and seeing the disadvantages play an important role in finding a solution to the problem and perfecting the system of labor contract law.

The upper reaches of money laundering crime, which is also called “the antecedent crime” or “the pre-crime”, is the specific type of crime greedy for profits, established by the criminal law to attack money laundering crime, which can seriously undermine the financial order. In view of our criminal legislation adopting the parallel mode of conviction on the two kinds of booty crime, which are money laundering crime and the crime of covering up and hiding the outcomes and the profits of some other crimes, distinguishing between the two standards into the legislation become an important basis for discrimination. For the upper reaches of money laundering crime, the Criminal Code and the "Criminal Law Amendment" adopt the direct expression way of category accusation, for a total of seven categories of 75 kinds of specific crimes. Under the listed specific category accusations by the Criminal Law, this article generalize the commonness of the upper reaches of money laundering crime, which has serious harm, the possibility of destructing the financial order, stressing the importance of method in crime prevention, etc, and as the basis of that, discuss the range of the upper reaches of money laundering crime in our Criminal Law should extend gradually to some other crimes, such as some crimes of endangering national security, serious crimes against socialist market economic order, some crimes of infringement upon citizens' rights of the person, in the development of future legislation.

Canceling litigation is characterized by subjective lawsuit, forming lawsuit and protesting lawsuit which decide that it can only applies to specific administrative acts aiming for some legal effects, especially those should be cancelled because there is some legal defects. However, based on the effective remedy, it should temporarily be open to those invalid administrative acts, but not to the act that just refusing the people’s application. The administrative procedure law should be established as soon as possibly the way of development by stereotype, and on this basis, through specify the characteristics of canceling litigation and other types of litigation, redefining the object of canceling litigation.

Confession (Geständnis) generally means that at a pleading date or a preliminary pleading date, a party make a statement unfavorable to himself which, however, complies with the other party's argument. Confession in itself means to admit such a fact unfavorable to himself as true that the other party insists, and it is a confession at a trial if stated during a pleading date or a preliminary pleading date and it has a special meaning at a civil suit which adopts defense principle for the effect of litigation. In addition, once confession is established, it is unnecessary to prove its validity. Therefore, the one who bears the burden of proof regarding the confession becomes free from such burden and a court has to adopt such a confession as a basis of judgment even if the court has got a belief different from the confession of a party. A confession at a trial is a kind of action and therefore, it has to fulfill effective requirements of litigation to be valid. Accordingly, a party must possess litigation capacity. Establishment of a confession begins with concurrent statements of both parties. Generally speaking, the other party's statement precedes a confession and then confession is established by admitting such statement later. However, a party may make a statement unfavorable to himself in advance and then the other party quotes it afterward for a confession to be established. If a party voluntarily makes a statement unfavorable to himself in advance and then the other party quotes it explicitly or makes a statement complying with said unfavorable fact, this binds a court which becomes obliged not to acknowledge a fact contradictory to said fact. Also, it is necessary for both parties' arguments are consistent each other if a party voluntarily makes a statement unfavorable to himself in advance and then the other party quotes it and therefore, the party who makes an unfavorable statement is entitled to withdraw his own statement and to freely make a statement contradictory to previous one prior to the other party's quotation. This is a problem related to preceding confession. This study looks into a problem related to preceding confession among various kinds of confession (Geständnis). What is preceding confession, This study will examine which binding power preceding confession has on parties and court. In addition, a preceding confession, which means the situation that a party made a statement unfavorable to himself in advance but the other party has not yet quoted it is distinguished from a confession at a trial, and with respect to a preceding confession this study looks into a theory of equivalent statement being argued in Germany and Japan.

Under Article 50 of the Japanese Trademark Act, where a request for cancellation of trademark registration based on non-use is filed by a third party, the registration of such trademark may be cancelled for the reason of non-use unless the holder of the trademark right proves the following: (i) Within three years prior to the registration of the request for cancellation, (ii) in Japan, (iii) any of the holder of a trademark right, exclusive licensee or non-exclusive licensee, (iv) in connection with any of the designated goods pertaining to the request, (v) has used the registered trademark. Under the consciousness for the regulations as described above, it is intended in this article to find the direction we should move toward by comparing and analyzing the circumstances regarding issues(for example, formal use, requirements for request, a person requesting a trial, the effectiveness of a final trial decision, etc.) on a system for cancellation based on non-use in the Japanese Trademark Act and its characteristics, and further studying Japanese legislation purposes for seeking for standardization of the criteria about applying regulations of cancellation based on non-use of registered trademark simultaneously.

Comparing with that of other countries, the professionality of Korean and Japan criminal procedure model can be estimated with great satisfaction whereas the participation of parties and the civility is rather disappointing The maximization of the merits as well as minimization of the defects is asked. For these point, civil participation in criminal trial is important in our criminal justice. In Japan, this system is already operated in 2009. In Japan the legal binding force is already recognized in equal to judge. Recently amendment of criminal procedure includes various of jury system and lay participation system in Korea and Japan. Realization of the principles of direct and oral proceedings is the core to trial-centeredness. Civil participation in criminal trial can realize this legal principle. The procedure of hearing in the court needs to be revitalized. Besides devices to check and control the civil judge's conviction are required to be strengthened beforehand and afterwards. In addition, it is true that the new body of law, which is aimed at enacting the participation of people, does indeed play a great role of teaching both the prosecutor and the common people. Civil participation in criminal trial in Japan the legal binding force is already recognized in equal to judge. And for activating this system, it need to be lightened various legal burden of civil judge.

Child Support Allowance Act in Japan has been being in force since the Act was established in January, 1962. And through the amendment of the Act, Child Support Allowance is being paid not only to mother-and-child family but also to father-and-child family since August, 2010. Child Support Allowance in Japan is the stipend institution system that is paid to the single-parent family which has divorced, separated or dead father(or mother) to contribute to the stabilization of living and the expedite promotion of self-reliance and to enhance the promotion of children's welfare. Generally, it can be said that Child Support Allowance Act system is the standards of welfare state, which is necessary for the embodiment of child welfare, income support for the child- rearing- household in the future. In korea, Single-Parent Family Support Act is currently being in force, which is similar to Child Support Allowance Act in Japan. However, in korea, the detailed regulations such as Japan's child support allowance(namely, expenses for child- care) are still not now being introduced, yet. Therefore, this thesis examined concretely the matters relevant to the subjects in aspect of the idea and transition of Child Support Allowance Act in Japan, in which on the allowance payment of child support. And based on the Allowance Act in Japan, I will suggested major considerations related to prepare the legislation of the payment expenses for child-care henceforth in Korea.

A medical tourism is one of the most high value industry in Korea. Korean government and local government try to pursuit promoting business of medical tourism in oder to get the new benefit model from medical tourism. In the process of medical tourism business, the medical disputes have increased continuously. If an international dispute occurs in medical tourism, it naturally involves a question about the country of which court may have jurisdiction over the medical dispute. Therefore we need to consider the international jurisdiction issues as a possible method of dispute resolution which is satisfactory both patient and medical institution. In medical dispute out of medical tourism, a claim for damages is theorized by two point of legal view. One is responsibility by breach of contract, the other is responsibility by an unlawful act or tort. Under the general theory about international jurisdiction, the court which is in the place of performance of a duty in the contract has the jurisdiction in case of breach of contract. Also, the court of locus delicti where unlawful act or misfeasance is committed has the jurisdiction in case of tort. In both case, our country in which medical service is made has the international jurisdiction. But in each case, there are some exceptions about general international jurisdiction theory. In the breach of contract, consumer contract is consist of the exception. By the article 27th of our private international law, medical consumer bring a suit in the country in which he has his habitual residence. In unlawful act theory, the place in which the result occurs and also the place in which unlawful act is conduct are the place of locus delicti which has the same jurisdiction. Therefore, probably foreign country has the international jurisdiction in case of medical dispute out of medical tourism. So we need to consider the legal issue about recognition of foreign judgment and this paper deal with the requirements for recognition of foreign judgement. Especially, this paper deal with the problem whether we recognize the effect of the foreign judgment which has the institution of damages that are different from ours when the verdict of foreign judgment include punitive damages. Because, the recognition of foreign judgement cannot be made if the punitive damages is against to good public order and customs.

These days, with advancement of scientific investigation method, the process of evidence collection has been on gradual increase of cases to the entire human body as an objective and core evidence collecting means. Nevertheless, the investigation about inside body has no little possibility to cause the physical disability and damage of the object or significantly infringe on personality right by nature. After all, in the process of discovering substantial truth, it is an issue to be discussed from the viewpoint of how to protect the human right of the party concerned. Here it will not always desirable to absolutely deny and prohibit forced outlets of objects in a throat conducted under very strict requirements and standards before proceeding research into other substitute means except for forced outlets of objects in a throat. Finally, it will have to accept that to the category of law by setting out written provisions on stern requirements and procedures to minimize infringement on personality right. So we can refer to § 81a, the criminal procedure law, Germany from a theory of legislation.

Die vorliegende Studie möchte den Versuch unternehmen, sog. ‘anationale Schiedssprüche’ im Hinblick auf ihre Wirkung im nationalen Schiedsrecht und bei der Anerkennung und Vollstreckung nach dem UN-Übereinkommen. In der internationalen Handelsschiedsgerichtsbarkeit werden diejenigen Schiedssprüche als anational bezeichnet die in dem Verfahren ergehen, das nach dem Willen der Parteien keinem nationalen Recht unterleigen soll. Daher steht die Frage im Mittelpunkt, wie aus der Sicht staatlicher Rechts ordnungen der anationale Schiedsspruch denkbar ist. Die sog. ‘anationale Schiedssprüche’ ist dann möglich, wenn der Grundsatz der Parteiautonomie für das anwendbare Verfarensrecht im staatlichen Schiedsgesetz anerkannt wird. Die anationale Schiedssprüche können aber im koreanischen Schiedsgesetz nicht mehr akzeptiert werden, weil das koreanische Schiedsgesetz bekräftigen aber durch die zwingende territoriale Anknüpfung des Rechts des Schiedsorts. Und bei der Anwendung des UN-Übereinkommen über die Anerkennung und Vollstreckung ausländischer Schiedssprüche ist das staatliche Schiedsgesetz immer noch bedeutsam, weil das UN-Übereinkommen die Aufhebbarkait und damit die verankerung in einem nationalem Recht voraussetzt. Im Ergebnis ist daher festzuhalten, dass die anationale Schiedssprüche in der heutigen internationalen Handelsschiedsgerichtsbarkeit nicht mehr akzeptiert und daher ist eine Diskussion über sie bedeutungslos.

Wie weit die rechtliche Verpflichtung zur Lebenserhaltung geht, ist nunmehr mittelbar aus dem sog. Patientenverfügungsgesetz (d.h. Drittes Gesetz zur Änderung des Betreuungsrechts) vom 29. 7. 2009 zu entnehmen. Es ist am 1. 9. 2009 in Kraft getreten. das die Bindungskraft von Patientenverfügungen festlegt, Außerdem lassen sich diesem Gesetz wichtige Entscheidungsgrundlagen fur lebenserhaltende Maßnahmen auch fur den Fall entnehmen, dass keine Patientenverfügung vorliegt oder die Festlegungen einer Patientenverfügung nicht auf die aktuelle Lebens- und Behandlungssituation zutreffen. Dies sind u.a. die ärztliche Indikation, Behandlungswünsche oder der mutmaßliche Wille des entscheidungsunfähigen Patienten sowie die Notwendigkeit, Einwilligungen oder Nichteinwilligungen des Betreuers oder Bevollmächtigten in schwerwiegende ärztliche Maßnahmen gerichtlich genehmigen zu lassen, soweit Patientenvertreter und Arzt den Patientenwillen unterschiedlich auslegen. Dadurch wird die rechtliche Verantwortlichkeit des Arztes gestärkt. Er trägt nicht nur die Alleinverantwortung für die von ihm zu stellende ärztliche Indikation. Er ist auch mitverantwortlich für die Auslegung einer Patientenverfügung oder die Ermittlung des mutmaßlichen Behandlungswillens durch den Patientenvertreter; ihm kommt diesem gegenüber eine Kontrollfunktion zu. Denn das Gesetz hat die Pflicht des Patientenvertreters, das Betreuungsgericht zur Genehmigung seiner Erklärungen anzurufen, an das Verhalten des Arztes geknüpft. Der Arzt darf sich nicht den Entscheidungen des Patientenvertreters quasi blindlings fügen, sondern muss eigenverantwortlich prüfen, ob der Arzt seine Zustimmung zu dem vom Vertreter des Patienten angenommenen Inhalt des Willens des Patienten geben kann. Seine Entscheidung muss in der Krankenakte dokumentiert werden. Denn nur im Falle eines Einvernehmens zwischen Arzt und Vertreter des Patienten über den wirklichen oder mutmaßlichen Willen des Patienten ist der Patientenvertreter von der Pflicht, schwerwiegende Entscheidungen gerichtlich genehmigen zu lassen, befreit (§1904 BGB n.F.). Das neue Patientenverfügungsgesetz redet somit keineswegs, wie von der Bundesärztekammer befürchtet einem am schriftlichen Wort klebenden Automatismus bei der Anwendung von Patientenverfügungen das Wort. Jede Patientenverfügung ist vielmehr unter Beachtung des §133 BGB im Hinblick auf die konkrete Behandlungssituation auszulegen. Dabei kommt dem Arzt eine wichtige Kontrollfunktion gegenüber dem Patientenvertreter zu. Das gleiche gilt, wenn es nicht um die Anwendung einer Patientenverfügung, sondern die Ermittlung des mutmaßlichen Behandlungswillens geht. In Zweifelsfallen hat der Schutz des Lebens Vorrang (in dubio pro vita). Key Words Patientenverfügung, Behandlungsabbruch, Severance Uni-Klinikum Fall, mutmaßlicher Wille, Drittes Gesetz zur Änderung des Betreuungsrechts, Selbstbestimmungsrecht des Patienten.

The writer emphasize in this essay the fundamental attitude for constructing the Constitution and the laws. First, the Constitutional Court should ascertain whether the interpretation of the laws required to apply to the proceeding cases has already exist and, if exist, the Constitutional Court should follow the interpretation by the Supreme court unless such interpretation contravenes the Constitution. Second, as the ultimate power of constructing the Constitution belongs to the Constitutional Court, the Court should take affirmative attitude to correct the Supreme Court's disobeying attitude by rejecting the Constitutional Court's construction. The main sentence of the Article 68(1) provides "Any person who is infringed his fundamental rights guaranteed by the Constitution due to exercise or non-excercise of the public, excluding judgment of the court, may request the Constitutional Court an adjudication on constitutional complaint." For this reason the Constitutional Court grants the constitutional complaint on judgment of the courts only when the adjudicating courts apply the laws already declared unconstitutional by the Constitutional Court.98) The writer asserts to extend the granting the constitutional complaints on judgment of the court. The necessary areas are as such where ① the Supreme Court apply arbitrarily by enlarging the ruling of the Constitutional Court, ② the Supreme Court evades the binding force of the Constitutional Court's decision of unconformity to Constitution, ③ the Supreme Court construct the unconstitutionality of the law directly without requesting an 98) Constitutional Court, decision of 96hunma172․173, declared in Dec. 24, 1997. adjudicate of unconstitutionality to the Constitutional Court by the Article 41(1) of the Constitutional Court Act.

The act of state doctrine is derived from two statements by the Supreme Court of the United States. In Underhill v. Hernandez, 168 U.S. 250, 252 (1897), the Supreme Court said, “Every sovereign State is bound to respect the independence of every other sovereign State, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory. Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves.” In Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 428, the Supreme Court held that “the Judicial Branch will not examine the validity of a taking of property within its own territory by a foreign sovereign government.” This is to deal with the question as follows: “Are those two cases the same or should they be distinguished each other?”

The PFI(Private Finance Initiative) Contractor must comply with all the applicable laws to the PFI projects. Its failure to comply with such laws could give rise to termination of the PFI contract. The costs of complying with legislation, current or foreseen at the time of the conclusion of the contract, should have been built into the price of the PFI project bids. Nevertheless, the PFI Contractor may not, for example, be capable of assessing some specific costs arising from changes in law which were not foreseeable prior to the conclusion of the contract, and adding such costs to its bid price. Accordingly, the concerning issues are who should be responsible for the costs arising from changes in law, and how such costs should be funded. In case of PFI projects in the United Kingdom, the 'Standardisation of PFI Contracts (HM Treasury)' categorizes the risk of change in law into three: 'Discriminatory Change in Law,' 'Specific Change in Law,' and 'General Change in Law.' Who bears the risk is different in these three categories. In case of the first two cases, the Authority, that is, government agencies related to the projects, bears the risk while the risk caused by the third case (General Change in Law) will be borne by the PFI contractor. It is noteworthy that the UK's allocation of risk is closely related to other method of risk avoidance. Therefore, the UK's indexation, benchmarking, and market testing provisions for risk allocation will be exemplary methods in order to cushion any adverse impact of the risk of change in law. In contrast, the Korean Act on Private Participation in Infrastructure which applies to PFI projects fails to have any specific provisions in risk allocation or transfer like those of the UK. The Korean 'Standardisation of PFI Contracts (PIMAC)' contains some provisions on total project costs, operating costs, and force majeure event, but fails to provide any specific differentiation in case of different risk in change of law like UK. The main feature of the PFI projects is how to share the risk in performing the projects between Authority and PFI Contractor. The best way to share risk is to allocate risk between the two parties in a reasonable way, and to minimize the costs for the two. The adequate allocation of risk will result in the successful performance of PFI projects.

The Justice Ministry has announced to enact an amendment of criminal law to reintroduce protective supervision on October 25, 2010. The protective supervision was introduced in 1980 and abandoned in 2005 as the Society Protection Law was revoked. After 5 years since the revocation, the protective supervision is facing reintroduction to criminal law. The reason for re-adopting the protective supervision is that the protective supervision is an alternative to efficiently manage violent and habitual criminals. The amendment of criminal law has adopted new policies to resolve problems that previous protective supervision had to justify its reintroduction. Nonetheless, there are some doubts on the necessity and justification of adopting the protective supervision. Especially, the National Assembly has amended some provisions of criminal law to increase the maximum sentence from 15 years to 30 years, and up to 50 years for additional violation on April 15, 2010. Therefore, it is necessary to discuss the necessity of reintroducing the protective supervision. This study has reviewed the necessity of the protective supervision that is more likely to be adopted. Moreover, this study has proposed the injustice of reintroducing the protective supervision after carefully examining the amended provisions. On the other hand, this study has further proposed an appropriate revision of the provisions if it is inevitable to reintroduce the protective supervision.

The purpose of Administrative Litigation Act in Korea is to relieve citizens from the infringement of their rights or interests by the illegal dispositions of administrative agencies and the exercise or non-exercise of public power, and settle properly disputes over the rights involved in public law or the application of law, through administrative litigation procedures. And The Classification of Administrative Litigations of Administrative Litigation Act in Korea shall be classified into the following four categories : Appeal litigation, Party litigation, Public litigation, Agency litigation. Party litigation means a litigation concerning legal relation cause of which is a disposition, etc. by an administrative agency, and a litigation for legal relations in public law, in which one of the parties in the legal relationship is a defendant. In a party litigation, the State, a public entity and other subjects of rights shall be open to being sued by the defendants. There are Formal Party litigation and Substantial Party litigation in Administrative Litigation Act of Korea.

South Korean Constitution acknowledges that physical/mental health rights are basic human rights. In addition, the medical Services Law stipulates that doctors and dentists from any institutes providing medical services including hospitals, general practitioner and midwifery offices cannot reject requests for diagnosis or delivery of babies without appropriate reasons. It also states that urgent patients are to be provided with the best possible treatment. The International law also states that the health rights of migrant workers who are away from their home countries are to be protected by the country of current residence according to its international and general responsibilities. Even beyond the legal and regulatory aspects, the current situation of migrant workers not being able to access the medical services easily does not match South Korean reputation and the standard of medical development. When looking carefully at the regulations regarding health rights of migrant workers, it is generally considered that the health rights of full-time migrant workers are to be protected by health insurances while that of casual/part-time migrant workers are to be protected by medical services for minorities. However, most full-time migrant workers cannot afford health insurances and most casual/part-time migrant workers are afraid of using medical services for minorities due to the fear of their state of being illegal migrants being disclosed. In particular, the fear of these illegal migrant workers has increased due to the Immigration Law Article 84 Clause 1 ‘Responsibility to report for public servants’. Therefore, in order to satisfy Article 12 of the Charter of Social Rights, special consideration such as reduction of health insurance prices should be provided for legal migrant workers so that they can actually afford health insurances. Furthermore, the Immigration Law Article 84 Clause 1 ‘Responsibility to report for public servants’ should be dismissed for the illegal migrant workers to be able to freely use medical services for minorities, vaccinations and workers’ compensations. It is also necessary that female migrant workers for childbirth-related medical services and medical services for under aged (under 18) migrant children should be provided. Migrants in detention centers should also receive health rights that domestic prisoners receive, at least. Medical check-ups for migrant workers should not be implemented for deportation purposes but for their health. It should also be banned that guarantor is required in emergencies and the policy of emergency medical care should be settled. Ultimately, migrant workers should become recipients of medical allowance. Moreover, separate safety management strategies suited for various working environments are necessary on top of institutional tools in order to minimize the number of industrial accidents. It is also important to maintain close and cooperative relationships with various organizations that have been providing medical supports for the sake of health and welfare of people and efficient process of relevant projects. Furthermore, it is hoped that a long-term and comprehensive health/welfare policies are made from migrant workers’ point of view and that special hospitals for migrant workers with medical teams with various language skills or interpreters are built at major points of the cities so that the health rights of migrant workers could be protected without inconvenience.

This is a comment on Case No. 2010da18355 of the Korean Supreme Court, which was decided on July 15, 2010. The paper mainly focuses on how to define the concept of 'substantial connection(s)' as a basic standard to determine whether a Korean court has international jurisdiction over a foreign-related case, which one or both parties is(are) alien(s), and/or subsequently, whether the court may excercise its jurisdiction over the case. The legal basis is Article 2 of the Korean International Private Law(KIPL) enacted in 2001, and other related provisions of the Korean Civil Procedure on jurisdiction or venue. The case at hand was brought by parents of one of the deceased flight attendants employed by the foreign defendant, Air China, of which plane was crashed into a hill near Busan, Korea, killing 129 of 166 passengers (Koreans as well as Chinese) and the defendant's employees on board, on April 15, 2002. The parents continued their lawsuit in Korea against the defendant, requesting for damages based on the employment contract between the deceased employee and the defendant, and on tort occurred in Korea. The court reviewed whether it was competent to hear the case, by considering factors related to some theories or ideals, including fairness, equality between parties, speedy trial, etc., on how to allocate jurisdiction among courts in different countries, which might derive from some domestic theories on selecting venues among other domestic courts. The trial court rejected its jurisdiction, holding that this case is "substantially connected" to China, since the two parties are the Chinese corporation and nationals. When it reached the Supreme Court, the Court granted jurisdiction on Korean courts, and remanded the case to the trial court for further review on the merits. The main argument of this paper is whether the Korean court has substantial connections with parties or with the legal dispute, and how to define the term, 'substantial connections' after considering relevant international factors on rules of jurisdiction and even those of choice of law. The paper looks over how the concept of 'substantial connection' was introduced to the KIPL, and implemented in its courts' rulings, especially in this case. One of the major references for 'substantial connection' is the rule of U.S. jurisdiction, "minimum contacts," of which backgrounds and development will be slightly mentioned, in order to search for how the 'substantial connection' concept can be understood or applied to our future Korean cases. Then, the paper focuses on the legal analysis by the Supreme Court case to look for better legal guidelines to exercise jurisdiction by the Korean courts over the foreign-related cases in the future.