• Title/Summary/Keyword: 면허요건

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Review of 2022 Major Medicla Decisions (2022년 주요 의료판결 분석)

  • Lee Jeongmin;Yoo Hyunjung;Park Taeshin;Jeong Heyseung;Cho Woosun;Park Nohmin
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.79-117
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    • 2023
  • Among the healthcare-related judgments handed down in 2002, there was a significant ruling on the timing of the duty of explanation, stating that, in order to ensure the exercise of the patient's right to self-determination, the patient must be given time to consider and decide on the risks and side effects of a medical procedure in specific circumstances. In addition, in a case where an insurance company claimed unjust enrichment against a medical institution on behalf of its insureds, the court provided a clear standard by distinguishing between active and passive requirements regarding the need to preserve the right of subrogation of creditors. In the area of medical administration, there was a ruling that clarified that a medical institution's business suspension under the National Health Insurance Act is directed against the medical institution, a ruling that broadly recognized causation in a case of compensation for side effects of corona vaccination, and a ruling on the scope of a medical practitioner's license, such as the use of ultrasound devices by an oriental medicine practitioner. In a case involving a patient's claim for eviction from a medical institution, the court reviewed a ruling on just cause for termination of a hospitalization contract in relation to Article 15(1) of the Medical law.

A Study on Regulations and Strategies for Increasing the Chinese Construction Market Share post the FTA between Korea and China (한중FTA 이후 중국 해외건설업의 규제실태와 진출 활성화 방안 연구)

  • Kim, Myeong-soo
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.5
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    • pp.10-21
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    • 2018
  • This study analyzes difficulties of enterprise activities in Chinese construction market by surveys on early entrants and interviews with experts. This study also suggests future strategy to enter the market by using inducement coefficient model. Korean construction companies in China are under heavy pressure to maintain requirement of licenses, despite recent deregulation. They are in dire predicament for market entry due to the Foreign Direct Investment System. It is almost impossible to participate in public projects and also it is not easy to do PPP projects. Therefore, Korean government should make more efforts to solve those issues through negotiations in FTA and GPA. For future expansion in Chinese construction market, it is highly recommended to boost cooperation models between Korea and China according to the empirical results of inducement coefficient model. Korean companies should collaborate with Chinese companies in some fields: smart city, environment and water treatment. Also, Korean government should support Korean companies by diplomatic means such as requesting for further opening of China's market. In GPA or GATS negotiation, Korean government should ask Chinese government that Korean companies can obtain order independently (without joint venture with Chinese companies) in China. Lastly, Korean construction companies should participate in construction projects ordered by international organizations such as ADB, AIIB.

KOSHA 18001 - 자율안전관리체계 구축의 "건설업 안전보건경영시스템"

  • 대한설비건설협회
    • 월간 기계설비
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    • s.261
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    • pp.73-79
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    • 2012
  • 최근 몇 년간 지속된 국내 건설경기 침체로 설비건설업계는 많은 어려움을 겪고 있다. 또한 금년 1월 1일부터 기계설비공사의 겸업제한이 폐지되면서 일반건설사도 기계설비의 면허취득이 가능해지는 등 설비건설업계에 많은 변화가 일고 있다. 이처럼 개방과 불황의 파고를 넘기 위해서는 기업의 경쟁력 강화가 그 어느 때보다도 절실히 요구되고 있다. 기업은 신기술 신공법 개발 및 알뜰경영으로 경쟁력을 강화시키는 것도 중요하지만 전사적인 안전관리로 근로손실에 의한 생산성 저하, 재해보상금 지급 등 안전사고와 관련한 지출을 크게 줄이는 것도 경쟁력 강화의 한 요인으로 주목되고 있다. 최근들어 안전 보건 및 환경 등에 대한 관심이 높아지면서 건설업계는 기업경영의 우수성을 객관적으로 평가받을 수 있는 안전보건경영시스템 인증 취득이 늘어나고 있다. 더구나 설비건설업계의 숙원사업인 분리발주와 유사한 주계약자공동도급이 올해부터 기계설비공사에 적용되면서 일반건설업체도 기계설비건설업체와 공동도급을 받기 위해 노력하고 있다. 이럴 때 설비건설업체가 경쟁에서 우위를 선점할 수 있는 요건은 무엇일까? 기술력, 신뢰도 등 여러 가지 요인이 있겠지만 안전보건경영시스템 인증도 한 몫 할 수 있을 것으로 예상된다. 지난 2001년 안전보건경영시스템 인증이 도입된 이후 지난 3월 30일 현재 설비건설업계는 14개 업체가 인증을 취득했다. 본지는 지난 2006년 9월호에 건설업 안전보건경영시스템을 특집으로 소개한 바 있다. 최근들어 안전보건경영시스템에 대한 관심이 높아지면서 이에 대한 문의가 많아짐에 따라 이번 호에는 안전보건경영시스템에 대해 다시 한번 알아본다.

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Learning from the Licensing and Training Requirements of the USA Private Security Industry : focused on the Private Security Officer Employment Authorization Act & California System (미국의 민간경비 자격 및 교육훈련 제도에 관한 연구 - 민간경비원고용인가법(PSOEAA) 및 캘리포니아 주(州) 제도 중심으로 -)

  • Lee, Seong-Ki;Kim, Hak-Kyong
    • Korean Security Journal
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    • no.33
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    • pp.197-228
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    • 2012
  • The private security industry in Korea has rapidly proliferated. While the industry has grown quickly, though, private security officers have recently been implicated in incidents involving violence, demonstrating an urgent need for systematic reform and regulation of private security practices in Korea. Due to its quasi-public service character, the industry also risks losing the public's favor if it is not quickly disciplined and brought under legitimate government regulation: the industry needs professional standards for conduct and qualification for employment of security officers. This paper shares insights for the reform of the Korean private security industry through a study of the licensing and training requirements for private security businesses in the United States, mainly focusing on the Private Security Officer Employment Authorization Act (hereinafter the PSOEAA) and the California system. According to the PSOEAA, aspiring security officers shall submit to a criminal background check (a check of the applicants' criminal records). Applicants' criminal records should include not only felony convictions but also any other moral turpitude offenses (involving dishonesty, false statement, and information on pending cases). The PSOEAA also allows businesses to do background checks of their employees every twelve months, enabling the employers to make sure that their employees remain qualified for their security jobs during their employment. It also must be mentioned that the state of California, for effective management of its private security sector, has established a professional government authority, the Bureau of Security and Investigative Services, a tacit recognition that the private security industry needs to be thoroughly, professionally, and actively managed by a professional government authority. The American system provides a workable model for the Korean private security industry. First, this paper argues that the Korean private security industry should implement a more strict criminal background check system similar to that required by the PSOEAA. Second, it recommends that an independent professional government authority be established to oversee and enforce regulation of Korea's private security industry. Finally, this article suggests that education and training course be implemented to provide both diverse training as well as specialization and phasing.

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Dental Assistant and Dental Hygienist-comparison with U.S. (치과 보조 인력과 치과위생사-미국의 제도 비교)

  • Youngyuhn Choi
    • Journal of Korean Dental Hygiene Science
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    • v.6 no.2
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    • pp.65-77
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    • 2023
  • Background: The shortage of dental hygienists as assistant is a great concern to dental clinics, while dental hygienists are rather pursuing the role of oral hygiene control and preventive treatments which is the main role for dental hygienists in the United States. The dental hygienist and dental assistant system in the United States can be a reference in these discussions. Methods: Educational requirements for licensure and work areas for dental hygienists and dental assistants were investigated through the information provided by the American Dental Association (ADA), American Dental Hygienists Association, National Board Dental Hygiene Examination (NBDHE), Dental Assistants Association of America (ADAA), and Dental Assistants National Board (DANB). Results: In the United States, each state has different systems, but in general, dental hygienists obtain licenses after completing 2~3 years of associate degree programs in dental hygiene after obtaining basic learning skills, and mainly perform tasks related to patient screening procedures, oral hygiene management and preventive care. Dental assistants can take the license test after completing a training course of 9~11 months to obtain a dental assistant certification. Additional expanded work typically requires passing state qualification tests, completing a training program, obtaining a degree, or gaining clinical experience for a certain period of time, depending on the state Conclusion: The scope of work of dental hygienists designated by the Medical Engineer Act and the Enforcement Decree in Korea includes both the work of dental hygienists and dental assistants in the United States, and if a dental assistant system like the United States is introduced to address the current shortage of dental assistants, institutional supplementation such as adjustment of the scope of work and expansion of the role of dental hygienists in oral hygiene management and prevention work is needed and in-depth discussion is necessary.

A Study on Improving the Navy PQS system to Advance the Navigational Quality (해기능력 향상을 위한 해군 PQS 제도 발전에 관한 연구)

  • Lim, Bong-Taek;Kim, Byoung-Suk
    • Journal of Navigation and Port Research
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    • v.37 no.1
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    • pp.15-21
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    • 2013
  • This paper investigates the mandatory minimum requirements for certification of officers in charge of a navigational watch on ship specified in the international convention of STCW. The training education and evaluation systems for navigational competence of Korean navy were compared and analyzed. The paper suggests adjustment of the evaluation range, increment of evaluation items, diversification of evaluation types, differentiation of certification-related education by officer's commissioning program in order to improve the PQS system.

Review on Introduction Possibility of Open Position System in Korea Police (한국경찰의 개방형임용제 도입가능성에 대한 검토)

  • Jo, Hyun-Bin
    • The Journal of the Korea Contents Association
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    • v.11 no.2
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    • pp.397-407
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    • 2011
  • The Open Position System is a new personnel management system started in korea, 1999.Open Position System have purpose to use outstanding talents and to expertise from both public and private sector. Korean government adapted open position system in order to use the right man in the right place. And Korean government incresae application of Open Position System. But, in spite of strong good point of Open Position System, We have limitation to apply Open Position System in police organization, generally. Because police have unique characteristics compare with other public organization. There is constant controversy concerning unique characteristics of police organization. Now, Korean police adopt Open Position System in few division: Chiep of Driver's License Agency, Director General for Audit and Inspection of Nation police Agency, Chiep of police hospital. Therefore, this study explore, extention possibility of Open Position System in Korean police.

A Study on the Multilateral Discussion Trends of Service Trade Agreement (서비스무역규범의 다자간 논의 동향 고찰)

  • Jeong, Hee-Jin;Jang, Eun-Hee
    • Journal of Convergence for Information Technology
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    • v.12 no.4
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    • pp.270-277
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    • 2022
  • Today, due to the serviceization of the economy, volume and position Global trade in Services have gradually increased. Stable and fair trade can be achieved through solid international trade law. Multilateral discussions on service trade agreement have been stagnant, but have recently shown considerable outcome. Service trade agreement(GATS) deal with various service trade barriers in member countries that hinder free trade in services. Recently, a group of WTO members have established the 「Joint Initiative on Services Domestic Regulation」. The agreement aims to ensure that licensing and qualification requirements and procedures, as well as technical standards do not constitute unnecessary barriers to services trade. This study is to understand the type and statistics of service trade barriers that affect actual service transactions. At the same time, It aims to examine the progress of discussions on multilateral service trade agreement for resolving service trade barriers.

The Demand and Supply of Nutritionist Workforce in Korea and Policy Recommendations (국민영양관리를 위한 영양사 인력의 적정수급에 관한 연구)

  • Oh, Young-Ho
    • Journal of Nutrition and Health
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    • v.43 no.5
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    • pp.533-542
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    • 2010
  • The objective of this study is to provide basic information and policy implications needed to balance the supply and demand for dietitian by projecting supply and demand for dietitian. The data from the Ministry of Health Welfare and Family on the number of licensed nutritionist, resident registration data of the Ministry of Public Administration and Security, and health insurance qualification data of the National Health Insurance Corporation were used to examine the current status of supply. To project the supply of nutritionist workforce, the in-out moves method and demographic method were used. The ratios of nutritionist to population and GDP, and that of other countries were applied as the demand projection method. According to the study results, the projection on the imbalance of supply and demand for dietitian by year 2021 differs depending on the method used. First, according to the results based on age-adjusted population ratio, there is an oversupply of 1,643 dietitians in year 2010, and 2,076 dietitians in year 2020. Second, although the projection on the imbalance of the supply and demand for dietitian differs depending on whether the GDD is calculated in won(₩) or dollar($). it is expected that there will be an oversupply in general. Third, as to the scenario using the nutritionist ratio in foreign countries, the oversupply of dietitian is likely in Korea, under any scenario, when comparing the nutritionist supply projection with the demand projection based on the nutritionist ratio in the United States. However, the projection of the supply and demand varies in each scenario when the European nutritionist ratio is applied. Under European 'scenario 1', an oversupply is expected, whereas under 'scenario 2', a shortage of supply is expected. A careful approach is required in interpreting the supply and demand projection using criteria of other countries, because dietitian assumes different roles and functions in each country. Although a slight oversupply of nutritionist workforce is projected, it does not cause a major problem as the demand for diet therapy is expected to rise due to aging and the increase of chronic diseases, and as the demand for clinical dietitians in hospitals increases. Accordingly, the demand for dietitians will rise and, in this context, the oversupply of nutritionist will not incur much problem. However, the nutritionist qualification is much too open in Korea, and this has a negative effect on the quality of the nutritionist workforce. Therefore, it is important that the nutritionist qualifications and requirements are reinforced in the future, enhance the quality level of the nutritionist supply, and maintain the balance between the supply and demand.

Eligibility Standards for Recognized Organization Personnel Responsible for Statutory Survey (정부대행검사기관 선박검사원의 자격기준에 관한 연구)

  • Lee, Sang-Il;Jung, Min;Jeon, Hae-Dong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.4
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    • pp.366-373
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    • 2020
  • According to Article 77 of the Ship Safety Act and Article 97(2) of the Enforcement Ordinance of the Ministry, the Recognized Organization (RO) personnel (ship surveyors) responsible for statutory survey shall have educational qualifications and experience in a specific field or obtain a license under the National Technical Qualifications Act. However, graduates from maritime high schools and those who completed the short-term course of the Ocean Polytec did not satisfy the qualification standards for the RO personnel since they did not graduate from the departments of maritime/fisheries or shipbuilding. Major shipping countries such as the United Kingdom, the United States, and Canada use the IACS (International Association of Classification Societies) regulations, and the Ship Safety Act in Japan has eliminated the qualification requirements for ship surveyors. In particular, under the IMO (International Maritime Organization) and IACS regulations, the RO personnel shall have as a minimum the following formal educational background: a degree or equivalent qualification from a tertiary institution recognized within a relevant field of engineering or physical science (minimum two years' program); or a relevant qualification from a marine or nautical institution and relevant sea-going experience as a certified ship officer; and competency in the English language commensurate with their future work. Considering that Article 17 of the Enforcement Decree on Public Officials Appointment Examinations prohibits educational restrictions and there are no educational restrictions on the qualifications of British and Japanese surveyors, if the maritime high school graduates have sufficient sea-going experience, education, and training, they could be recognized as meeting the qualification requirements. Moreover, those who completed the short-term course of the Ocean Polytec could also be recognized as meeting the qualification requirements because they are required to have at least a professional bachelor's degree (in the case of a third-class CoC (Certificate of Competancy)) and some sea-going experience after completion.