• Title/Summary/Keyword: 기본권침해

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An Exploratory Study on Contactless Digital Economy: the Characteristics, Regulatory Issues and Resolutions (비대면 디지털 경제에 대한 탐색적 연구: 특성, 규제쟁점 및 개선방안을 중심으로)

  • Shim, Woohyun;Won, Soh-Yeon;Lee, Jonghan
    • Informatization Policy
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    • v.29 no.2
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    • pp.66-90
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    • 2022
  • The radical digital transformation and development of the contactless digital economy in the wake of the COVID-19 pandemic are increasing the need to solve various problems such as conflicts of interest among market participants and delays in related laws and regulations. This study investigates the concept and characteristics of the contactless digital economy and identifies the related regulatory issues and resolutions through literature review, news article analysis, and expert interviews. From the literature review, it is identified that the contactless digital economy has eight hyper-innovation characteristics: hyper-intelligence, hyper-connectivity, hyper-convergence, hyper-personalization, hyper-automation, hyper-precision, hyper-diversity, and hyper-trust. From news article analyses and expert interviews, this study identifies various regulatory issues, such as competition between incumbents and new entrants, the collision of constitutional rights, collision of social values, conflict between market participants, absence of laws and regulations, and existence of excessive market power, and then proposes a series of resolutions.

A Study on the Perception about mandated CCTV among Nursery School Principals, Teachers, Parents, and General Public (CCTV 의무화에 대한 어린이집 원장, 교사, 학부모, 일반인의 인식에 관한 연구)

  • kim, Young-Hee;kim, Doo-Jung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.2
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    • pp.311-317
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    • 2018
  • The purpose of this study is to identify the needs of the nursery director, teachers, parents, and the general public regarding the use of mandatory CCTV. In other words, we will examine the benefits, problems, and solutions of mandatory CCTV. The subjects of this study included families, private day care centers, private presbytery, kindergartens, teachers, parents and the general public in D metropolitan city. The research tools were modified and supplemented questionnaires appropriately for the study purpose with reference to the previous research. Collected data was analyzed by frequency and F-test using SPSS 21.0 program. The main results of this study are as follows: First, the benefits of mandatory CCTV for daycare centers is that CCTV becomes objective evidence of human rights incidents, identifies violence among children, and can take measures. In addition, mandatory CCTV can also reduce or prevent abuse. Second, major problems concerning the mandatory use of nursery school CCTV include privacy, violation of basic rights, and education. CCTV is a stressful factor that causes teachers to feel embarrassed, uncomfortable, and tense. Third, the main improvement measures for the nursery school CCTV mandate are to prevent unfair staff and complement existing guidelines for CCTV use. Based on the results of the study, we detail the benefits, problems, and solutions for the nursing home CCTV mandatory poli.

The information of the businesses and the protection of information human rights (기업정보화와 정보인권보호)

  • 하우영
    • Proceedings of the Korea Institutes of Information Security and Cryptology Conference
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    • 2003.12a
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    • pp.543-559
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    • 2003
  • The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers’side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers’side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals’with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.

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Concept Analysis of Health Inequalities using Hybrid Model (혼종 모형을 이용한 건강 불평등 개념분석)

  • Lee, Ha-na
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.3
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    • pp.520-534
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    • 2018
  • This study was conducted to understand the conceptual definition and characteristics of health inequality. To accomplish this, we analyzed data collected from 14 participants as well as from available literature regarding health inequality using the hybrid model introduced by Schwartz-Barcott and Kim. We categorized health inequality into nine attributes in three dimensions. These dimensions included "target", "precede", and "result," corresponding to the target, cause and consequence of health inequality, respectively. Specifically, we define health inequality as individuals, families, communities, socio-economic, or geographically distinct demographic groups that are treated unfairly and result in several problems such as loss of quality of life, reduction of survival rate, or aggravation of a disease due to (i) poor treatment by a hospital (ii) irregular meals, (iii) desperate need for work (for money), (iv) expensive medical care costs, (v) qualitative differences in medical care by regional groups (vi) the lack of knowledge regarding disease (vii) and inadequate health care because of lack of time. As a result of this unfair treatment, human rights violation occurs. The major contribution from this paper is that we provide a guideline for establishing strategies to reduce health inequality by identifying the concept of health inequality. Based on this study, we recommend development of an educational program to reduce health inequalities.

Review on the Theory of Nursing Client Advocacy and Its Applications in Child Healthcare (간호대상자옹호이론의 발전전망과 아동간호에의 적용방안)

  • Cho, Kap-Chul
    • Child Health Nursing Research
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    • v.19 no.3
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    • pp.149-158
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    • 2013
  • Since 1990, descriptive studies about the concept of client advocacy have been published in the health journals. However, empirical studies of the concept are still lacking. There are not enough bases to apply the concept of client advocacy in nursing practice. The purpose of this paper is to encourage empirical research about client advocacy by clarification of the concept and to discusses application of the theory in child healthcare. The literature was reviewed that empirical studies on client advocacy conducted after the year 2000. The changing trends in the client advocacy concept was examined; it was changed from the philosophical concept to nursing action and changed from individual advocacy to collective advocacy, with the rise of the self advocacy concept. The research trends on client advocacy evolves from descriptive study to quasi-experimental study and instrument development study, with diversification and expansion of research methods, advocates, clients and settings. The advocacy role of the nurse in child healthcare is significant due to the child's lack of self determination ability. In ill child care, the application of individual advocacy is potent, while in healthy child care, collective advocacy, policy advocacy, and social advocacy is effective.

The Characteristic of Media Consumer and Legal Principles for Consumer Movements Protection (언론소비자의 특성과 소비자운동의 보호법리 - 광고불매운동을 중심으로)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.48
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    • pp.5-24
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    • 2009
  • This study is aimed to analyze the concept of media consumer and legal principles for consumer movements protection. Based on the concept and legal principles, this research is to review the characteristics of the advertisement boycott campaign. Article 124 of the Constitution prescribes that the state should guarantee the consumer protection movements. According to the Article 4 of the Framework Act on Consumer, consumers have the fundamental right to obtain proper compensation for damages sustained due to use of goods and etc. according to prompt and fair procedure. The type of boycott can be classified into two pattern on the basis of boycott's target or object. They are primary boycott and. secondary boycott. Consumer's boycott independent of primary or secondary, are under the protection of the consumer's right. Media consumers use scarce resources to satisfy their wants and needs to acquire news information and advertising information. Their resources are time and money. Therefore, ads boycott campaign or media boycott campaign is the primary boycott. Consumer's right should be guaranteed to the maximum. The Constitution and consumer protection law should protect the practice of consumer's right, especially consumer's boycott campaign.

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Concerning the Constitution Court's constitutional decision and the direction of supplemental legislation concerning Article 33 paragraph 8 of the Medical Service Act - With a focus on legitimacy of a system that prohibits multiple opening of medical instituion, in the content of 2014Hun-Ba212, August 29, 2019, 2014Hun-Ga15, 2015Hun-Ma561, 2016Hun-Ba21(amalgamation), Constitutional Court of Korea - ('의료법 제33조 제8항 관련 헌법재판소의 합헌결정'에 대한 평가 및 보완 입법 방향에 대하여 -헌법재판소 2019. 8. 29. 2014헌바212, 2014헌가15, 2015헌마561, 2016헌바21(병합) 결정의 내용 중 의료기관 복수 개설금지 제도의 당위성 및 필요성을 중심으로-)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.143-174
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    • 2019
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

A Study on Recognition of Foreign Judgements Obtained by Fraud (사기에 의하여 취득한 외국재판의 승인에 관한 연구)

  • Lee, Hun-Mook
    • Journal of Legislation Research
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    • no.53
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    • pp.553-591
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    • 2017
  • This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.