• Title/Summary/Keyword: 법률 서비스

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Review of Responsibility in Case of Medical Tour Disputes (의료관광 분쟁시 책임주체에 대한 검토)

  • Moon, Sang hyuk
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.107-135
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    • 2016
  • Medical tour can be said to be a new high added-value tour industry of 21st century. The development of varied and distinguished medical tour products by each country will further vitalize the medical tour industry. As the interest in such medical tour increases, it is necessary to analyze the demand and interests of tourists accurately and prepare medical tour products to be provided in order to develop and promote medical tour products. The government considers the medical tour industry as an industry with high expected effects in job creation through promotion of experts in global healthcare industry and national economy development through high added-value creation, and has expanded aid policies in medical tour field with improvement of medical tour immigration system, one-stop service system for medical tourists, and medical tour labor force promotion system. Nevertheless, there are disputes between foreign patients and medical tour inviting businesses, along with medical accident disputes between foreign patients and medical staff and disputes with those working in the tourism industry. This article reviews the types of disputes occurring around the inviting businesses related to medical tours and tried to review the resolutions. Through this, it was found that medical tour inviting businesses have the responsibility to connect the mediated benefits and risks and also the responsibility to process the tasks. Thus, in case dispute occurs due to passive actions from establishing agency agreement to active mediation results, it is difficult to escape the liabilities. Also, in a medical tour agency contract, the inviting business must be aware that it bears the responsibility to explain and advise the details on benefits and risks to foreign patients. The "Guide to arbitration system for resolution of medical disputes with foreign patients" by Korea Health Industry Development Institute Act presents a method to resolve disputes according to the [laws on medical accident damage relief and medical dispute arbitration] in case a dispute due to medical accidents occurs to foreign patients when the foreign patients prepare diagnosis agreement, Whether such method is sufficient to protect foreign patients, however, is thought to require discussions from more diverse perspectives. In order to vitalize medical tourism, the development of diverse products is also important, but the countermeasures against related disputes should also be prepared. Such is expected to contribute to a greater advancement based on trust of foreign medical tourists alongside excellent medical technologies.

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Antitrust Regulation on the Restriction of Business Activities by Healthcare Providers' Organization (의료공급자 단체에 대한 공정거래법상 사업활동제한 적용 -달빛어린이 병원 사건을 중심으로-)

  • Jeong, Jae Hun
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.75-98
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    • 2018
  • Recently, the antitrust tribunal of Seoul High Court revoked the disposition of Korea Fair Trade Commission(hereafter 'KFTC'). While KFTC determined that the restriction of Korea Pediatrician Association violated article 26 of the Monopoly Regulation and Fair Trade Act(Korean antitrust law), Seoul High court viewed that KFTC failed to prove the compulsory measures and the restraint of competition required in article 26. The 'restriction' of article 26 should be interpreted as 'excessive restriction'. Since entrepeneurs' organization is allowed to limit its member's activities, KFTC could regulate entrepeneurs' organization on a very exceptional basis. In addition, though entrepeneurs' organization did not use compulsory measures to enforce its resolution, its 'excessive restriction' could fit into the notion of 'restriction' of article 26. Under the current medical care system, the price of medical care is decided by Korean government. Therefore the restriction of Korea Pediatrician Association is not likely to have effect on the price. However, the resolution of Korea Pediatrician Association was aimed to decrease the supply of medical care. Therefore the resolution is capable of having effect on the competition. In this sense, though KFTC failed to submit direct evidence to support the decrease of quantity, there could be possibility of restraint of competition. The Seoul High Court's decision has important implications. The leading case on restraint of competition(Supreme Court 2002Du8628, Posco case) was delivered in 2007. However the remaining issue such as the standard and scope of restraint of competition is not clear. Through reappeal case of this decision, Supreme Court has to decide the line between competition and its restraint.

Comparative Study of Security Services Industry Act and Police Assigned to Special Guard Act - Focused on special guards and police assigned to special guard duty - (경비업법과 청원경찰법의 비교 연구 특수경비원과 청원경찰을 중심으로)

  • Noh, Jin-keo;Lee, Young-ho;Choi, Kyung-cheol
    • Korean Security Journal
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    • no.57
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    • pp.177-203
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    • 2018
  • Police Assigned to Special Guard Act was legislated in 1962 to solve issues regarding the protection of various staple industrial installations, and in 2001, the Security Services Industry Act was revised to establish an effective security system for important national facilities. Thereby the Special Guards System was instituted. The current law has two parts, with the Police Assigned to Special Guard System and Special Guards System, and many scholars have actively discussed the appropriateness of the integration of both systems to solve problems caused by a bimodal system. However, in spite of these discussions taking place in the academic world, the idea of unification lost its power when the guarantee of status regulation was established for the police assigned to special guard. Strictly speaking, police assigned to special guard is a self-guard, and a special guard is a contractual guard. So, both of them have pros and cons. Thus, it would be desirable to give a legal, constitutional guarantee for both systems by strengthening each of them and making up for the weakness of each of them rather than trying to unify police assigned to special guard and special guard. To begin this process, we need to revise unreasonable legal provisions of Security Services Industry Act and Police Assigned to Special Guard Act as below. First, since the actual responsibilities of special guards and police assigned to special guard duty are the same, we need to make the facilities which they use equal. Second, legal provisions need to be revised so that a special guard may perform the duties of a police officer, according to the Act on the Performance of Duties by Police Officers, within the facility that needs to be secured in order to prevent any vacancy in the guarding of an important national facility. Third, disqualifications for the special guards need to be revised to be the same as the disqualifications for the police assigned to special guard duty. Fourth, it is reasonable to unify the training institution for special guards and for police assigned to special guard duty, and it should be the training institution for police. On-the-job education for a security guard needs to be altered to more than 4 hours every month just like the one for police assigned to special guard duty. Fifth, for a special guard, it is not right to limit the conditions in their using weapons to 'use of weapon or explosives' only. If one possesses 'dangerous objects such as weapon, deadly weapon, and so on' and resists, a special guard should be able to use their weapon against that person. Thus, this legal provision should be revised. Sixth, penalty, range of fines, and so on for police assigned to special guard duty need to be revised to be the same as the ones for a special guard. If we revise these legal provisions, we can correct the unreasonable parts of Security Services Industry Act and Police Assigned to Special Guard Act without unifying them. Through these revisions, special guards and police assigned to special guard duty may develop the civilian guard industry wholesomely under the law, and the civilians would have a wider range of options to choose from to receive high quality security service.

Derivation of Green Infrastructure Planning Factors for Reducing Particulate Matter - Using Text Mining - (미세먼지 저감을 위한 그린인프라 계획요소 도출 - 텍스트 마이닝을 활용하여 -)

  • Seok, Youngsun;Song, Kihwan;Han, Hyojoo;Lee, Junga
    • Journal of the Korean Institute of Landscape Architecture
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    • v.49 no.5
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    • pp.79-96
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    • 2021
  • Green infrastructure planning represents landscape planning measures to reduce particulate matter. This study aimed to derive factors that may be used in planning green infrastructure for particulate matter reduction using text mining techniques. A range of analyses were carried out by focusing on keywords such as 'particulate matter reduction plan' and 'green infrastructure planning elements'. The analyses included Term Frequency-Inverse Document Frequency (TF-IDF) analysis, centrality analysis, related word analysis, and topic modeling analysis. These analyses were carried out via text mining by collecting information on previous related research, policy reports, and laws. Initially, TF-IDF analysis results were used to classify major keywords relating to particulate matter and green infrastructure into three groups: (1) environmental issues (e.g., particulate matter, environment, carbon, and atmosphere), target spaces (e.g., urban, park, and local green space), and application methods (e.g., analysis, planning, evaluation, development, ecological aspect, policy management, technology, and resilience). Second, the centrality analysis results were found to be similar to those of TF-IDF; it was confirmed that the central connectors to the major keywords were 'Green New Deal' and 'Vacant land'. The results from the analysis of related words verified that planning green infrastructure for particulate matter reduction required planning forests and ventilation corridors. Additionally, moisture must be considered for microclimate control. It was also confirmed that utilizing vacant space, establishing mixed forests, introducing particulate matter reduction technology, and understanding the system may be important for the effective planning of green infrastructure. Topic analysis was used to classify the planning elements of green infrastructure based on ecological, technological, and social functions. The planning elements of ecological function were classified into morphological (e.g., urban forest, green space, wall greening) and functional aspects (e.g., climate control, carbon storage and absorption, provision of habitats, and biodiversity for wildlife). The planning elements of technical function were classified into various themes, including the disaster prevention functions of green infrastructure, buffer effects, stormwater management, water purification, and energy reduction. The planning elements of the social function were classified into themes such as community function, improving the health of users, and scenery improvement. These results suggest that green infrastructure planning for particulate matter reduction requires approaches related to key concepts, such as resilience and sustainability. In particular, there is a need to apply green infrastructure planning elements in order to reduce exposure to particulate matter.

A Case Study on the UK Park and Green Space Policies for Inclusive Urban Regeneration (영국의 포용적 도시재생을 위한 공원녹지 정책 사례 연구)

  • Kim, Jung-Hwa;Kim, Yong-Gook
    • Journal of the Korean Institute of Landscape Architecture
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    • v.47 no.5
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    • pp.78-90
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    • 2019
  • The purpose of this study is to explore the direction of developing policies for parks and green spaces for inclusive urban planning and regeneration. By reviewing the status, budget, and laws pertaining to urban parks in Korea, as well as assessing the inclusivity of urban parks, this study revealed the problems and limitations in Korea as follows. First, the urban park system, which takes into account indicators such as park area per capita and green space ratio, is focused only on quantitative expansion. Second, the distribution of urban parks is unequal; hence, the higher the number of vulnerable residents, the lower the quality of urban parks and green spaces. Moreover, this study focused on the UK central government, along with the five local governments, including London, Edinburgh, Cardiff, Belfast, and Liverpool. Through an analysis of the contexts and contents establishing UK park and green space policies that can reduce socioeconomic inequalities while at the same time increase inclusiveness. This study discovered the following. The government's awareness of the necessity of tackling socioeconomic inequalities to make an inclusive society, the change in the urban regeneration policies from physical redevelopment to neighborhood renewal, and the survey and research on the correlation of parks and green spaces, inequality, health, and well-being provided the background for policy establishment. As a result, the creation of an inclusive society has been reflected in the stated goals of the UK's national plan and the strategies for park and green space supply and qualitative improvement. Deprived areas and vulnerable groups have been included in many local governments' park and green space policies. Also, tools for analyzing deficiencies in parks and methods for examining the qualitative evaluation of parks were developed. Besides, for the sustainability of each project, various funding programs have been set up, such as raising funds and fund-matching schemes. Different ways of supporting partnerships have been arranged, such as the establishment of collaborative bodies for government organizations, allowing for the participation of private organizations. The study results suggested five policy schemes, including conducting research on inequality and inclusiveness for parks and green spaces, developing strategies for improving the quality of park services, identifying tools for analyzing policy areas, developing park project models for urban regeneration, and building partnerships and establishing support systems.

KB-BERT: Training and Application of Korean Pre-trained Language Model in Financial Domain (KB-BERT: 금융 특화 한국어 사전학습 언어모델과 그 응용)

  • Kim, Donggyu;Lee, Dongwook;Park, Jangwon;Oh, Sungwoo;Kwon, Sungjun;Lee, Inyong;Choi, Dongwon
    • Journal of Intelligence and Information Systems
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    • v.28 no.2
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    • pp.191-206
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    • 2022
  • Recently, it is a de-facto approach to utilize a pre-trained language model(PLM) to achieve the state-of-the-art performance for various natural language tasks(called downstream tasks) such as sentiment analysis and question answering. However, similar to any other machine learning method, PLM tends to depend on the data distribution seen during the training phase and shows worse performance on the unseen (Out-of-Distribution) domain. Due to the aforementioned reason, there have been many efforts to develop domain-specified PLM for various fields such as medical and legal industries. In this paper, we discuss the training of a finance domain-specified PLM for the Korean language and its applications. Our finance domain-specified PLM, KB-BERT, is trained on a carefully curated financial corpus that includes domain-specific documents such as financial reports. We provide extensive performance evaluation results on three natural language tasks, topic classification, sentiment analysis, and question answering. Compared to the state-of-the-art Korean PLM models such as KoELECTRA and KLUE-RoBERTa, KB-BERT shows comparable performance on general datasets based on common corpora like Wikipedia and news articles. Moreover, KB-BERT outperforms compared models on finance domain datasets that require finance-specific knowledge to solve given problems.

Performance State and Improvement Countermeasure of Primary Health Care Posts (보건진료소(保健診療所)와 업무실태(業務實態)와 개선방안(改善方案))

  • Park, Young-Hee;Kam, Sin;Han, Chang-Hyun;Cha, Byung-Jun;Kim, Tae-Woong;Gie, Jung-Aie;Kim, Byong-Guk
    • Journal of agricultural medicine and community health
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    • v.25 no.2
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    • pp.353-377
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    • 2000
  • This study was performed to investigate the performance state and improvement countermeasure of Primary Health care Posts(PHPs). The operation reports of PHPs(1996 330 PHPs, 1999 313 PHPs) located in Kyongsangbuk-Do and data collected by self-administered questionnaire survey of 280 community health practitioners(CHPs) were analyzed. The major results were as follows: Population per PHP in 1999 decreased in number compared with 1996. But population of the aged increased in number. The performance status of PHP in 1999 increased compared with 1996. A hundred forty one community health practitioners(50.4%) replied that the fiscal standing of PHP was good. Only 1.4% replied that the fiscal standing of PHP was difficult. For the degree of satisfaction in affairs, overall of community health practitioners felt proud. The degree of cooperation between PHP and public health institutions was high and the degree of cooperation of between PHP and private medical institutions was high. The degree of cooperation between PHP and Health Center was significantly different by age of CHP, the service period of CHP, and CHP's service period at present PHP. Over seventy percent of CHPs replied that they had cooperative relationship with operation council, village health workers, community organization. CHPs who drew up the paper on PHP's health activity plan were 96.4 % and only 11.4% of CHPs participated drawing up the report on the second community health plan. CHPs who grasped the blood pressure and smoking status of residents over 70% were 88.2%, 63.9% respectively and the grasp rate of blood pressure fur residents were significantly different according to age and educational level of CHP. CHPs received job education in addition continuous job education arid participated on research program in last 3 years were 27.5%, respectively. CHPs performed the return health program for residents in last 3years were 65.4%. Over 95% of CHPs replied that PHPs might be necessary and 53.9% of CHPs replied that the role of PHPs should be increased. CHPS indicated that major reasons of FHPs lockout were lack of understanding for PHP and administrative convenience, CHPs were officials in special government service governors intention of self-governing body. CHPs suggested number of population in health need such as the aged and patients with chronic disease, opinion of residents, population size, traffic situation and network in order as evaluation criteria for PHP and suggested results of health performance, degree of relationship with residents, results of medical examination anti treatment, ability for administration and affairs in order as evaluation criteria for CHP. CHPs replied that the important countermeasures for PHPs under standard were affairs improvement of PHPs and shifting of location to health weakness area in city. Over 50% of CHPs indicated that the most important thing for improvement of PHPs was affairs adjustment of CLIP. And CHPs suggested that health programs carried out in priority at PHP were management of diabetes mellitus and hypertention. home visiting health care, health care for the aged. The Affairs of BLIP should be adjusted to satisfy community health need and health programs such as management of diabetes mellitus and hypertention, home visiting health care, health care for the aged should be activated in order that PHPs become organization reflecting value system of primary health care.

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