• Title/Summary/Keyword: 권리성

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A Study on the Experiential Cognition of Child Care Teachers' Rights (보육교사의 권리에 대한 경험적 인식 연구)

  • Yi, Seoyoung;Yang, Sungeun
    • Korean Journal of Child Education & Care
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    • v.18 no.4
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    • pp.39-50
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    • 2018
  • Objective: Social attention is paid to the issues concerning child care teachers' work multisibility and ambiguous legal status. Child care teachers are employees based on the "Labor Standards Act" and the "Child Care Act". They also play the role of kindergarten teachers based on the "Childhood Education Act" because of the Nuri curriculum. Based on the main tasks of the child care teachers who protect and nurture infants and toddlers, the Nuri curriculum education for infants is conducted. However, the duties and rights of child care teachers are disproportionate because there are many areas where teachers' professional roles do not suit their legal rights. Methods: The purpose of this study is to investigate how teachers perceive their own rights through field experience using qualitative method based on interpretative epistemology. Participants were 61 child care teachers working in the metropolitan area and used protocol description and focus group interview (FGI) for data collection. The collected data were derived as a central theme according to the data analysis method proposed by Creswell (2013). Results: Participants in the study described the 'Right and autonomy of education as a professional occupation', 'Right to request for improvement on working conditions, guarantee of living and to request for welfare system' and 'Right to guarantee of a teacher's status and adjustment of grievance.' They pointed out poor working conditions and welfare benefits at daycare centers, and emphasized that education and autonomy are necessary conditions to be strengthened for quality child care activities. On the other hand, they did not realize that 'Right to guarantee of a teacher's status and adjustment of grievance' was their right. And they have endured the infringement of this right. Conclusion/Implications: This study reveals the gap between teachers' responsibilities and rights, indicating the urgency of institutional arrangements. It is discussed that the social expectation for strengthening personality and professionalism as an infant and child specialist is increased and a practical alternative for the improvement of the right of teachers working in the child care field is needed considering the change of values about work.

Report - 특허침해소송에서 진보성 판단의 기준

  • Gang, Heum-Jeong
    • 발명특허
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    • v.37 no.3
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    • pp.62-69
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    • 2012
  • 대법원 2012. 1. 19. 선고 2010다95390 전원합의체 판결은 민사법원이 특허침해소송에서 특허의 진보성에 대하여도 판단을 할 수 있고 진보성이 부정되는 특허권의 행사는 권리남용으로 허용되지 않는다는 취지로 판시하였다. 이 글에서는 이 사건 판결을 소개하고, 기존 대법원의 입장과 하급심의 실무 및 일본의 운용 실태를 살펴본 후, 향후 특허침해소송에서 진보성 판단 방향 및 구체적 적용기준을 전망하였다.

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Reasonable Limits to Contents and Submission of Victim Impact Statement -From Psychological Perspective- (피해자충격진술의 내용 및 방법에 대한 비판적 검토 -심리학적 관점을 중심으로-)

  • Lee, Kwon Cheol;Lee, Young Lim
    • The Journal of the Korea Contents Association
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    • v.16 no.9
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    • pp.531-544
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    • 2016
  • Victim Impact Statement, adopted as a crime victims' right, has been implemented in Korean criminal justice system since 2007, and known that the statement enlarges victims' right in courts and alleviates their suffering resulted from the crime. The statement, however, has raised concerns of infringing on a defendant's procedural rights. Scholars and practitioners had focused more on the legal issue, overlooking psychological effect of the statement to decision-makers in courts. This research reviews fallacy of impact assessment and therapeutic effect from psychological perspective, and also suggests alternatives to assuage the concerns by admission of the statement.

Digital-Ticket Circulation Protocol of E-Commerce (전자상거래에서의 디지털-티켓 유통 프로토콜)

  • 박복녕;김태윤
    • Proceedings of the Korean Information Science Society Conference
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    • 2002.04a
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    • pp.229-231
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    • 2002
  • 현재의 전자상거래는 어떠한 물건이나 권리에 대해 거래할 경우 신용카드나 전자 화폐를 통한 유통과, 티켓 소유자의 특정한 권리를 보증하는 증명서 역할을 하는 디지털-티켓[1]에 의한 유통이 이루어지고 있다. 티켓 유통이 실행되면서 디지털-티켓은 악의의 사용자나 공급자로부터 티켓의 복제, 변경, 위조로부터의 보호와 사용자의 인증과 부인방지가 요구된다. 이에 본 논문에서는 디지털-티켓 시스템에 공개키 암호 기술과 토큰을 이용하여 프로토콜을 설계하여 티켓의 정당성과 유효성을 검증하고 신뢰된 티켓검증서버(TVS: Ticket Verification Server)를 통하여 티켓 소유자의 소유권을 검증하는 디지털-티켓 유통 프로토콜을 제안한다. TVS는 인터넷에 연결되어 사용자가 언제든지 자신만이 티켓의 유일한 소유자라는 것을 확인한 수 있고 소유한 티켓의 유효성을 검증할 수 있다.

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치수사업과 BT

  • Lee, Yun-Yeong
    • River and Culture
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    • v.2 no.4
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    • pp.108-112
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    • 2006
  • 인간의 존엄성이 증대되고 이에 따라 행복추구권은 국민의 기본권리로 인식되고 있는 시점으로 전화하고 있고 가시적인 정량적평가외 정성적요소에 대한 평가가 곤란하므로 당연히 치수사업의 규모는 최선이 아닌 차선으로 당해지역에서 기왕에 발생한 최대값을 대상으로 하는 치수사업으로 전환이 절실하다 하겠다.

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An Analysis of The Relationship Among Nursing Students' Perception of Target Vulnerability and Target Advocacy, Child Rights Awareness, and Child Abuse Reporting Intention (간호대학생이 지각한 대상자 취약성 및 옹호, 아동권리인식, 아동학대 신고의도 간의 관계 분석)

  • Ji-Ah Song;Jae Woo Oh
    • Journal of Industrial Convergence
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    • v.22 no.3
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    • pp.155-163
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    • 2024
  • Nursing students, as prospective nurses, are expected to act as child abuse reporters and advocates for child targets. Therefore, this study aimed to provide a basis for developing a child abuse prevention education program for nursing students by determining the extent of nursing students' perceived target vulnerability and target advocacy, child rights awareness, and intention to report child abuse, and analyzing the relationships among the variables. This study is a descriptive survey study to identify the effects of target vulnerability, target advocacy, and child rights awareness on intention to report child abuse among 154 nursing students, and the data collection period was from July 3 to July 31, 2023, and the collected data were analyzed using SPSS 25.0 program. As a result of identifying the influential factors on nursing students' intention to report child abuse, child abuse education, championing social justice as a sub-variable of target advocacy, and target vulnerability, the explanatory power of these variables was 35.8%. Based on the results of this study, it is suggested that it is necessary to increase activities through the development and application of simulation education based on actual clinical cases in order to increase nursing students' interest in and education about child abuse.

Fundamental Rights Reflected by the Legislation Regarding Radiation and Nuclear Power (방사선 및 원자력 관련 법제가 반영하는 기본권)

  • Han, Eun Ok;Lee, Jae Seong;Cho, Hong Jea
    • Journal of Radiation Protection and Research
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    • v.41 no.1
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    • pp.15-29
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    • 2016
  • Research background: Despite the visible growth in radiation usage and nuclear power development, the analysis of their relationship with fundamental rights, a subject of public concern regarding issues including the right to health, environmental rights, safety rights, the right to know, the right to development, and the right to life, is currently non-existent. Methods: By examining various fundamental rights in the context of positive laws regarding radiation and nuclear power in an idealistic perspective that guarantees the maximum degree of rights, this paper aims to propose legislative supplements that will lead to improvements in quality of life. Result and discussion: In the South Korean Constitution, radiation and nuclear power is a subject incorporating several rights, including at least 12 clauses that are directly related to fundamental rights; these constitutional rights are manifested in the various clauses of the 14 positive laws regarding radiation and nuclear power. The question on the relative importance of each fundamental right as reflected in these positive laws- whether the right to life should be prioritized or considered equal in weight to the right to health, environmental rights, the right to know, and safety rights- requires careful deliberation and is difficult to humanly resolve in the short term. Conclusion: Making policy that expands the usage of radiation and nuclear power while simultaneously preventing their associated risks is an important task for the Republic of Korea, and a proper value judgment is necessary to find a balance in its associated rights.

A Thought on the Right to Be Forgotten Articulated in the European Commission's Proposal for General Data Protection Regulation (유럽연합(EU) 정보보호법(General Data Protection Regulation)개정안상의 잊혀질 권리와 현행 우리 법의 규율 체계 및 앞으로의 입법방향에 관한 소고)

  • Hah, Jung Chul
    • Journal of Digital Convergence
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    • v.10 no.11
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    • pp.87-92
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    • 2012
  • In the early 2012, European Union proposed new legal framework, including the right to be forgotten, for the protection of personal data. The new Proposal articulates kind of sweeping new privacy right and there has been debates on its potential threat to free speech in the digital age. While the situation is similar in Korea, I want to introduce the right to be forgotten in the Proposal. Then, I will analyze current legal system in Korea regarding the new privacy right and suggest some guidelines in searching direction for the coming legislation with respect to the right to be forgotten. The right to be forgotten should not have been promulgated without considering fully its effect on the free speech, especially in the society where the voice toward direct democracy or movement toward participation of the citizen, mainly through cyber space or Social Network Services, has risen much higher in Korea. Especially, the new right seems not to cover the control of data subject on a third party where the third party expressing his opinion by posting himself other's personal data on his blog or others.

A study on system improvement to utilization of underground space for the right complementary - Focused on land of exceeding the depth limit - (지하공간 활용의 권리보완을 위한 제도적 개선에 관한 연구 - 한계심도 초과 토지를 중심으로 -)

  • Seo, Yong-Su;Choi, Seung-Young
    • Journal of Cadastre & Land InformatiX
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    • v.44 no.1
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    • pp.97-111
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    • 2014
  • As urbanization and industrialization develops, the necessity of utilizing scarce land in three dimensions is raising. The issue of utilizing underground space is being actively discussed particularly when Geyeonggi-do announced GTX(Great Train Express) construction plan which aims to relieve traffic congestion in metropolitan areas. The current regulation on compensation of underground space is based on "Regulations on compensation standard complied by using underground space for construction of urban railway" but it is difficult for covering the whole rights to protect a three-dimensional right. In this context, the study is to propose the improvement plans of land right's problem and compensation issues to utilization of underground space for the right complementary. To do this, the study reviews the use situation of the classification surface right and using adjudication which defines the effect scope of underground space extending land ownership. As well as it analyzes issues about compensation standard for utilizing of underground space.

Human Dignity and the Right of Pursuing Happiness (인간(人間)의 존엄(尊嚴)과 가치(價値)·행복추구권(幸福追求權))

  • Jeon, Chan-Hui
    • The Journal of the Korea Contents Association
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    • v.10 no.4
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    • pp.317-326
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    • 2010
  • The respect for human dignity and worth is to purpose both the ideological premise and the guarantee of all the fundamental rights at the same time. Both freedom and rights which are necessary for obtaining those purposes should be guaranteed. "A human has dignity and worth as a human being" is that a nation exists for an individual between an individual and a nation. It declares democratic ideology. It becomes a ultimate standard to solve a problem of the interpretation of an article of a law and the effect of a law. The right to pursue one's happiness is necessary to persue one's happiness. The rights comprehensively covers even the freedom and the right without in an article of a law. It shows a positive rights like a social fundamental rights in a minimum level of a law. According to the precedent of the Constitutional Court, as the right to pursue one's happiness is in area of a common action, the free manifestation of the authoritative individuality, and self-determination in category, this study is to emphasize the importance of the right to pursue one's happiness throughout its meaning and the precedent of history legislation.