• Korean Journal of Social Welfare Studies
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• v.47 no.3
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• pp.85-111
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• 2016

This study aims to analyse major changes of Mental Health Promotion and Welfare Service Support Act(MHPWSSA) and critically discuss these changes based on the major discourses on Mental Health Act revision. For this purposes this study reviewed literatures and government reports to understand human rights discourses, welfare discourses, and prevention discourses. Secondly, the major changes of MHPWSSA were analysed and discussed based on those discourses. This study found that MHPWSSA defined the concept of people with mental disorders narrowly, tightened the involuntary admission procedures, introduced welfare service support provisions and mental health promotion provisions. But this study shows that the new legislation may well be criticised due to neglect of the concept of disability and people with psychiatric disability, involuntary admission without mental capacity assessment, neglect of the basic values and principles of self determination and independent living common in welfare of the persons with disability. And the new legislation may be criticised due to overuse of the concept of mental health promotion as encompassing promotion, prevention, treatment and rehabilitation.

• Proceedings of the Korea Water Resources Association Conference
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• 2022.05a
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• pp.504-504
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• 2022

국내 금강유역의 경우 충남 서부와 북부지역을 중심으로 강수량 부족과 가뭄이 빈번히 발생하는 것으로 보고되며, '14년에도 강수량이 부족하였고, '15년에는 제한급수에 돌입하는 등 가뭄 피해가 최대 3년에 걸쳐 다년 발생하였다. 가뭄 발생 시 댐은 가뭄 대응단계별 용수공급조정기준에 따라 생공용수 여유량, 하천유지용수, 농업용수, 생공용수 순으로 감량 후 운영된다. 이중 하천유지용수는 수 생태계 및 하천과 관련이 있는 다양한 자연 자원의 보호와 보전을 위해 하천에 남아 흘러야 하는 물로 정의되며, 환경 및 생태계에 관한 중요성이 커짐에 따라 가뭄 시에도 하천이 유수의 정상적인 기능과 상태 유지를 위해 필요한 용수이다. 용수공급조정 기준은 지금까지 총 5차례 개정되었으며, 가장 최근인 '19년에는 가뭄 주의단계시 하천유지 용수 감량기준을 기존 하천유지용수 "100% 감량"에서 "최대 100% 감량"으로 개정되었다. 이를 통해 다양한 의사결정이 가능해졌지만, 한편으로는 구체적인 기준이 제시되지 않아 이해당사자 간 상호 협의를 통해 감량(주로 50%)하는 실정이다. 이러한 상호 협의의 과정은 다양한 이해당사자들의 의사를 반영할 수 있는 과정이긴 하지만 수자원의 부족은 직접적으로 주민들에게 심각한 피해로 이어지기에 보다 정교하고 합리적인 기준의 설정이 필요하다. 본 연구에서는 의사결정 과정에 활용할 수 있는 하천유지용수 최적 감량 방안을 제시한다. 본 연구에서 제시하는 방안은 각 이해당사자의 향후 체계적인 의사결정을 위해 근거를 제공하는 것이 목표이다. 이를 위해, 하천유지용수의 공급에 따른 편익과 가뭄 위험도 간의 관계를 규명하고, 관계에 따른 하천유지용수 감량 정도에 따른 피해를 추정한다.

• The Journal of the Korea Contents Association
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• v.19 no.10
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• pp.630-640
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• 2019

A series of recent events have laid the groundwork for discussions on the safety issues regarding production staff in the popular culture industry. In Korea, the standard contract has been pursued as a means of dealing with issues involving popular culture production staff. However, the existing standard contract failed to incorporate the characteristics and requirements in today's market, which greatly restricted its efficacy in real-world cases. Therefore, this study seeks to significantly improve the provisions in the standard contract that govern obligations between contractual parties, and the work safety of the production staff. To this end, considering the main causes of safety accidents and actual contracts, this study groups contractual provisions into several categories: the removal of adverse factors affecting optimal competency, factors causing individual staff's negligence, and external factors causing negligence. Then, this study proposes specific provisions to be included in each category.

• Review of KIISC
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• v.26 no.5
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• pp.44-53
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• 2016

본 논문에서는 그동안 축적된 디지털 증거 관련 판례를 분석하여 디지털 증거가 법정에서 유효하게 사용될 수 있는 증거 능력 요건을 검토하였다. 법정에 제출된 디지털 증거가 증거능력을 인정받기 위해서는 다음과 같은 요건을 충족해야 한다. 첫 번째 요건으로서 적법하게 수집된 증거이어야 한다. 영장주의에 위반하거나, 압수수색절차에 피압수자의 참여권을 보장하지 않은 경우에는 증거의 증거능력이 인정되지 않는다. 또한 그동안 논란이 되었던 별건정보도 앞서 살펴본바와 같이 대법원이 제시한 요건을 충족해야 한다. 두 번째 요건으로는 법정에 제출된 디지털 증거의 진정성이 인정되어야 한다. 대법원은 디지털 증거의 진정성이 인정되기 위해서는 무결성과 동일성, 신뢰성이 인정되어야 한다고 판시한바 있다. 세 번째 요건으로 법정에 제출된 증거가 전문증거인 경우에는 당사자의 동의가 없는 한 전문법칙의 예외에 해당되어야 한다. 2016년 5월 형사소송법 제313조가 개정되기 전에는 법정에 제출된 디지털 증거를 진술자가 진정성립을 부인하는 경우, 해당 문서가 업무상 필요로 작성한 통상문서나 기타 특히 신용할 만한 정황에 의하여 작성된 문서에 해당되지 않는 한 증거능력을 인정받을 수 없었다. 그러나 형사소송법 제313조 제2항의 개정으로 인하여 이제는 진술자가 진정성립을 부인하는 경우에도 "과학적 분석결과에 기초한 디지털 포렌식 자료, 감정 등 객관적 방법"에 의해 성립의 진정을 인정받을 수 있다. 과학적 분석결과에 기초한 디지털 포렌식 자료, 감정 등 객관적 방법에 대한 구체적인 내용은 앞으로 판례를 통해 정립해 나아가야 할 것이다.

• The Korean Society of Law and Medicine
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• v.24 no.3
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• pp.155-206
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• 2023

When a person with diminished mental capacity refuses necessary medical care, normative judgments about when paternalistic intervention can be justified come into question. A typical example is involuntary hospitalization for people with mental disabilities, traditionally governed by mental health law. However, Korean civil law reform in 2011 introduced a new form of involuntary hospitalization through guardianship legislation, leading to a dualized system to involuntary hospitalization. Consequently, a conflict has arisen between the 'best interest and surrogate decision-making' paradigm of civil law and the 'social defense and preventive detention' paradigm of mental health law. Many countries have criticized this dualized system as not only inefficient but also unfair. Moreover, the requirement for the presence of 'mental illness' for involuntary hospitalization under mental health law has faced criticism for unfairly discriminating against people with mental disabilities. In response, attempts have been made to integrate guardianship legislation and mental health law based on mental capacity. This study examines the legislative process and framework of the Mental Capacity Act (Northern Ireland) 2016, which reorganized the mental health care system by fusing guardianship legislation with mental health law based on mental capacity. By analyzing the case of Northern Ireland, which has grappled with conflicts between guardianship legislation and mental health law since the 1990s and recently proposed mental capacity as a single, non-discriminatory standard, we aimed to offer insights for the Korean guardianship and mental health systems.

• Journal of radiological science and technology
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• v.30 no.4
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• pp.305-311
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• 2007

Contrast medium is a useful drug for radiological examinations and usability of it gradually increases while it has some inevitable adverse reaction and it is difficult to predict the occurrence and the degree of adverse reactions. Although the patient consented permission for the use of contrast media, the hospital could not be exempted from the responsibility for the adverse contrast media reaction. During radiological contrast media examination, the radiologist and the contrast media producer have the duty of precaution, prediction and avoid adverse results. In addition, they have reliabi lity of patient remedy for neglecting the duty. Since contrast medium are manufactured or processed as movable properties, the manufacturers are bound to the product liability if damages occur due to the defects in pharmaceuticals. In consideration of the characteristics of product liability, it is necessary to demand high degree of duty of care and diligence from producer or to reduce patient's burden of proof in a product liability lawsuit. For securing compensation ability and liability implementation, products compensation liability insurance is required for contrast medium manufacturers. In conclusion, contrast medium producer has legal liability for adverse reactions and the contract concluded with producer and hospital including legal liability will reduce liability of hospital and radiologist, patient.

• Journal of Science and Technology Studies
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• v.6 no.1 s.11
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• pp.1-30
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• 2006

This paper is to analyse the case of citizen participation employed in the local government, Buk-gu (Northern District) in the city of Ulsan, Korea. A kind of deliberative type of citizen participation named' citizen jury' was exercised to resolve an environmental conflict between Buk-gu government and its residents. The conflict was caused by the construction of a food waste recycling facility near by some residential areas in Buk-gu. Theoretically this paper makes a typology of citizen participation methods. Two criteria are employed. First of all, lay citizens are the primary participant or not? Secondly, interactive communication is feasible or not among participants in the process of citizen participation. Four generic types of citizen participation are sorted out: technocratic, pluralist, direct/participatory, and deliberative type. Especially deliberative type of citizen participation is based on an idea of deliberative democracy. This paper argues that the case of citizen participation employed in Buk-gu belongs to deliberative type of citizen participation. The argument is based on the following reasons. Firstly, primary participants in deliberation process can be considered as lay citizens though they are selected form local NGOs and religious groups. According to a survey, most of participants said that they would participate in the process of deliberation in the capacity of lay citizens though they were selected by their own groups. Secondly, the citizen participation process was deliberately designed and implemented to facilitate competence of primary participants and fairness in the deliberation. Viewed from this analysis, this Buk-gu case can be safely considered an innovative method of citizen participation which is also very successful in resolving intractable environmental conflict in the local government.

• International Commerce and Information Review
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• v.15 no.4
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• pp.287-311
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• 2013

The arbitration parties may disagree with the arbitrator's award about whether they are eligible for the dispute case. While lots of disputes cases relating to subrogation are arising, it is not easy to find subrogation arbitration system to handle them clearly. The main issue is an availability of subrogation arbitration in case of the dispute which the insurer requests the arbitration against the carrier according to the arbitration clause of Bill of Lading. The direct parties of arbitration clause of the B/L are the carrier and the holder of the B/L. Could the insurer get the position of the arbitration party in stead of the holder of the B/L after compensation if there was an accident of insurance on the way of carriage? Even though there are a few arbitral awards of subrogation, the reason of the eligibility of subrogation arbitration is not enough. This paper scrutinized precedent research papers, arbitration awards, judicial precedents, and the Automobile Subrogation Arbitration System. Vague dispute resolution system which burden corporations with so many costs must be not good for business. In the view of economic efficiency, blank of contract, reciprocality, and Coase Theorem, it is recommended that subrogation arbitration system for the international trade would be better focus on the hypothesis of "Firm Offer Character of Arbitration Clause."

• Korean Journal of Social Welfare
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• v.65 no.4
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• pp.91-114
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• 2013

The purpose of this study was to draw social constructive implications for the child protect system(CPS) in Korea. As the value of social constructivism for child protect system, the participation and the negotiation were identified through theoretical research. And this paper examined how the participation and the negotiation were done in other government's child protect policies. In addition, the focus group members were interviewed. 11 child protect practitioners and researchers were interviewed about the problems of child protect system, law and policies, and they discussed how the participation and the negotiation were done in Korean child protect system. The result of the discussion were as follows. The democratic relationship must be reconstructed through the participation and negotiation in CPS, Korea lacks of legal basis to force the abusers to participation. And in our country, negotiation parties for children cannot be recognized. Finally, the amendment of the law and regulations concerned with the child protect system were proposed based on the FGI's discussions.

• The Journal of the Korea Contents Association
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• v.10 no.5
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• pp.370-378
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• 2010

The aims of this research are to grasp the supporting volition of the government as increasing multicultural family and discussing direction of the work and program for them. Therefore, this article inquired into the structure and the view through the supporting the law in 2008 and policy in 2009 of multicultural family and the contents of the work and program divided into the fields of essentiality and speciality for the multicultural family support center. As a result, this article implied three directions ; first, the practicality of contents based on the needs and requirement of multicultural family, second, the connection of multicultural family life cycle based on circumstances and resources, third, the mutual direction of effect based on promoting the character of a nation between multicultural family and others.