Court Rulings Research Articles

질적연구방법으로서 문서분석의 방법적 탐구

The purpose of this study is to explore the methodological characteristics of document analysis as qualitative research method. It aims to reassess the importance of document analysis in terms of methodological theorization and exploration of qualitative research in Korea, and to attempt a theoretical exploration of document analysis methods to enable more effective implementation. To this end, the study analyzes the methodological features and procedures of representative studies utilizing document analysis, examining the types of documents used by researchers, the procedures and analytical criteria employed, and how research results were derived. The analysis revealed the following: First, various types of documents are used in qualitative research. Personal documents include diaries, letters, autobiographies, and memoirs, while public documents such as newspapers, court rulings, textbooks, curriculum documents, national education policy documents, patient records, and archives are widely used across various fields of research. Second, in qualitative research, a quantitative approaches are also used in the process of identifying frequencies or patterns. Third, methodologically, document analysis is systematically conducted through various approaches including qualitative content analysis, thematic analysis, grounded theory, and discourse analysis methods. This study will contribute to increasing the utilization of document analysis as a qualitative research method and expanding its scope by providing qualitative researchers with a systematic methodology for document analysis.

Interpretation of the Provision on Profit Transfer Due to Increased Asset Value After Acquisition - (Article 42-3 of the Inheritance and Gift Tax Act)- Based on the Supreme Court Rulings of June 1, 2023, Case No. 2019Du31921 and June 29, 2023, Case No. 2018Du41327

Interpretation of the Provision on Profit Transfer Due to Increased Asset Value After Acquisition - (Article 42-3 of the Inheritance and Gift Tax Act)- Based on the Supreme Court Rulings of June 1, 2023, Case No. 2019Du31921 and June 29, 2023, Case No. 2018Du41327

통신판매 관련 헌법재판소 결정의 비판적 검토 - 의약품의 약국외 판매 제한과 도수 있는 안경 및 콘택트렌즈의 통신판매 제한을 중심으로

This paper aims to examine the constitutional limits on the laws of non face-to-face sales(this concept includes not only online sales but also all other sales methods that do not involve ‘real’ face-to-face interaction), focusing on the jurisprudence of the Constitutional Court. In case of pharmaceuticals, with a excessively limited exception, sales are only permitted in pharmacies(the place itself). Since a temporary allowance during the COVID-19 period, non face-to-face sales have been permitted only under very exceptional conditions. In contrast, many foreign countries generally allow the non face-to-face sales of pharmaceuticals. For instance, Japan, which has a legal system similar to ours, has actively permitted non face-to-face sales to maximize Consumer’s Right to Self-determination, especially after the Supreme Court's ruling that declared the ban on non face-to-face sales unconstitutional. On the other hand, the Constitutional Court of Korea has ruled that the relevant regulations do not infringe basic rights, citing reasons such as the need for thorough medication guidance, prevention of pharmaceutical contamination, clarification of accountability, enough exceptional allowance for sales outside pharmacies, enough medical services by public health centers, difficulties in assuming the necessity of non face-to-face sales, various problems associated with allowing sales outside pharmacies, and the insignificance of the business disadvantages to pharmacists and other sellers. In the case of prescription eyeglasses and contact lenses, non face-to-face sales are completely restricted. The Constitutional Court has justified the restriction using logic similar to that applied to pharmaceuticals. However, considering that the constitutional freedom of occupation for sellers is intended to protect the freedom of economic activity rather than the occupation itself, and that it is necessary to recognize the distinct interests of consumer self-determination in guaranteeing it practically—distinguishing it from the freedom of occupation and including it within the protection scope of the Constitution while assessing the degree of restriction in actual judgment—the series of Constitutional Court rulings may not necessarily be based on sound jurisprudence. Specifically, regarding general pharmaceuticals, the primary issue is that access to relatively low-risk medications that require minimal knowledge is not allowed through more accessible means. For prescription drugs, remote methods such as video consultations could be equivalent to face-to-face guidance based on a doctor's prescription, and the complete lack of exceptions for individuals, such as those with chronic diseases, and the elderly, the physically disabled and residents of remote areas who need improved medical accessibility, is problematic. In case of prescription eyeglasses and contact lenses, considering the several distinctions from pharmaceuticals, a critical review of the Constitutional Court's stance of not recognizing the unconstitutionality of such regulations is inevitable.

Legal Memorandum on the Legal Protection of Consumers on the Use of Exoneration Clauses by Transportation Services of Rosalia Indah Bus Company in the Case of Theft of Goods Reviewed Based on Consumer Protection Law

This research examines the legal protection for consumers in cases involving the use of exoneration clauses by transportation services, specifically focusing on PO Rosalia Indah's bus service. Exoneration clauses, which limit a company's liability in the event of theft or loss of goods, raise significant concerns regarding consumer rights. This study evaluates whether such clauses comply with Indonesia’s Consumer Protection Law and identifies the legal remedies available to consumers affected by such provisions. The research employs a normative juridical method, analyzing legal texts, including Law No. 8/1999 on Consumer Protection and relevant court rulings, to determine the legality and enforceability of exoneration clauses in transportation agreements. Data were collected through literature reviews of legal documents, journals, and cases related to consumer protection in transportation services. The results indicate that the exoneration clauses used by PO Rosalia Indah violate the principles outlined in the Consumer Protection Law, particularly Article 18, which prohibits businesses from including provisions that reduce consumer rights. It was also found that consumers have the right to pursue compensation through litigation or non-litigation mechanisms, such as the Consumer Dispute Settlement Agency (BPSK). The study concludes with recommendations for enhancing legal frameworks and ensuring that consumer rights are adequately protected in transportation service agreements.

Judicial self fashioning: Rhetorical performance in Supreme Court opinions

Justices on the United States Supreme Court use rhetorical strategies to maintain institutional legitimacy. In the court opinion, a strategy called the monologic voice presents a flattering depiction of the Court. The monologic voice occurs through two tones, the individualistic and collective, which respectively maintain the Justices’ legitimacy through critique and the Court’s legitimacy through unification. We train large language models to identify these rhetorical features in 15,291 modern Supreme Court opinions, issued between 1946 and 2022. While the fraction of collective and individualistic tones has been relatively consistent between 1946 and 2022, the Rehnquist Court used the collective tone at a higher rate than any other Court. In recent terms, 2021 and 2022, we find suggestions of another rhetorical shift, as all Associate Justices of the Roberts Court, excluding Chief Justice Roberts, used the individualistic tone at a historically high rate.

Court rules in favor of student‐athletes

Case name: Johnson, et al. v. National Collegiate Athletic Association, et al., No. 22‐1223 (3d Cir. 07/11/24).

Court rules against employee

Case name: Abdelsayed v. New York University, et al., No. 23‐1144 (2d Cir. 06/04/24).

Preventive Care Coverage Threatened by Federal Court Ruling

This Viewpoint highlights the 2 most concerning aspects of the Braidwood Management Inc v Becerra ruling and their potential effect on health equity.

Court rules in favor of student‐athletes

Case name: Johnson, et al. v. National Collegiate Athletic Association, et al., No. 22‐1223 (3d Cir. 07/11/24).

Court rules against employee

Case name: Abdelsayed v. New York University, et al., No. 23‐1144 (2d Cir. 06/04/24).

Court rules against disciplined professor

Court rules against disciplined professor

Contentious press freedom: Media law and the Supreme Court in the Philippines

The legal environment particularly the body of laws that regulate media operations are telling, yet underexplored, indicators of press freedom. Using the analytical concept of episodes of contention based on a reading of contentious politics, the article examines the ambivalent state of press freedom in the Philippines. The argument is that the protracted issues of media access and libel serve as two episodes of contention that identify extant and emerging sets of actors, mechanisms, and claims that collectively characterize the role of media law in the body politic. Drawing from interviews with journalists and review of the Supreme Court rulings about media access and libel, the hope is to underscore the potential and limits of the Court as an ally of the media in advancing press freedom. The decision of the Court does not at all times favor a liberal interpretation of press freedom but it deploys ways including dissenting opinions that can balance, if not outrightly oppose, the occasional negative view of the Court toward media-related cases.

Court rules in favor of student‐athletes

Case name: Johnson, et al. v. National Collegiate Athletic Association, et al., No. 22‐1223 (3d Cir. 07/11/24).

Court rules in favor of employee

Case name: Cook v. University of Southern California, et al., No. B330640 (Cal. Ct. App. 05/24/24).

Court rules in favor of employee

Case name: Cook v. University of Southern California, et al., No. B330640 (Cal. Ct. App. 05/24/24).

Court rules in favor of employee

Case name: Cook v. University of Southern California, et al., No. B330640 (Cal. Ct. App. 05/24/24).

Court rules against disciplined employee

Case name: Doe v. The Leland Stanford Junior University, No. H050567 (Cal. Ct. App. 06/26/24).

Court rules against former student

Case name: Sugg v. Midwestern University, et al., No. 23‐40425 (5th Cir. 06/20/24).

Court rules against disciplined professor

Case name: Gruber, et al. v. Tennessee Tech Board of Trustees, et al., No. 22‐6106 (6th Cir. 05/16/24).

Court rules in favor of student‐athletes

Case name: Johnson, et al. v. National Collegiate Athletic Association, et al., No. 22‐1223 (3d Cir. 07/11/24).