• Title/Summary/Keyword: 법무보호

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A Study on the Criminal Justice Rehabilitation System of Sweden (스웨덴 법무보호복지제도 연구)

  • Kwon, Joon-Sung;Gong, Jung-Sik;Hyun, Mun-Jung
    • The Journal of the Korea Contents Association
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    • v.22 no.10
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    • pp.506-514
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    • 2022
  • The method of suppressing recidivism through punishment centered on punishment is showing limitations through criminal policy research in many countries. As an alternative to this, a restorative judicial law aimed at returning criminals to members of society through reconciliation and coordination of community members, victims, and perpetrators is emerging as a paradigm for crime prevention and recidivism. Sweden is a representative welfare state and is confirming positive effects through correction of criminals based on restorative justice. In addition, it has a stable system related to the legal protection welfare system, and maintains a low recidivism rate and social security through scientific and reasonable operation using evidence-based principles in the evaluation and certification process of operating programs. However, research on the legal protection system implemented in advanced welfare and correctional countries, including Sweden, is still insufficient in Korea. Therefore, this study aims to explore the direction of the domestic legal protection system through a review of Swedish criminal policy and legal protection system, and to identify insufficient areas and complementary points of the domestic system to lay the foundation for improving the domestic legal protection welfare system and expanding business.

Die Übersicht des rechtliche Struktur über die Rechtsschutzversicherung (법무비용보험의 법적 구조의 개관 - 독일 입법례를 중심으로 -)

  • Kim, Eun-Kyung
    • Journal of Legislation Research
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    • no.44
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    • pp.315-342
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    • 2013
  • Die Rechtsschutzversicherung ist als eine echte Schadenversicherung eine neue Versicherung, die $Spezialit{\ddot{a}}t$ des versichertes Risikos hat. Das bedeutet, dass der Rechtschutzversicherer nur bestimmte vertraglich vereinbarte Risiken $tr{\ddot{a}}gt$. Diese Risiken sind in den Allgemeinen Bedingungen $f{\ddot{u}}r$ die Rechtsschutzversicheurng (ARB) im Zusammenhang mit Versicherungsvertragsgesetz (VVG) ${\S}$ 125 exact beschrieben. VVG ${\S}$ 125 spricht allegemein von Leistung des Versicherers im vereinbarten versicherten Umfang. Entscheidend ist also die Vereinbarung in den ARB, welche in ${\S}$ 1 die Kostentragung $f{\ddot{u}}r$ den Versicherten als Hauptleistung des Versicherers beschrieben ist. Also in den VVG ${\S}{\S}$ 125 bis 129 gibt es keine Definition ${\ddot{u}}ber$ die Sparte der Rechtsschutzversicherung, jedoch mindestens es $w{\ddot{a}}re$ $m{\ddot{o}}glich$, diese Sparte zu definieren. Um die $k{\ddot{u}}nftige$ Produktentwicklung nicht zu hindern, $enth{\ddot{a}}lt$ die Vorschrift keine gesetzliche Definition der Rechtsschutzversicherung nach Angabe der amtlichen $Begr{\ddot{u}}ndung$. Weil in Korea die Rechtsschutzversicherung relativ neu in Versicherungsmarket ist, sind daher VVG ${\S}{\S}$ 125 ein gutes gesetzgeberisches Vorbild, um pragmatisch und auch dazu rechtswissenschaftlich zu diskutieren und diese fsetzustellen. Im Schritt von Ausdehnungen der juristischen Dienstleistung $w{\ddot{a}}re$ es $n{\ddot{o}}tig$, zu betrachten, wie Leistungsumfang des Versicherers in der Rechtsschutzversicherung erweitert werden kann. And noch dazu ist die Informationspflicht des Versicherers in Hinsicht auf Versicherungsunfall und Leistungsumfang noch weitert zu ${\ddot{u}}berlegen$, weil diese Sparte der Rechtsschutzversicherung noch professioneller als die anderen Versicherungsbereiche ist.

The Difference between Importance of Experts and Preference of Ex-prisoners on Rehabilitation Program in Korea : Application of IPA Method (법무보호사업에 대한 교정전문가의 중요도와 출소자의 선호도 비교연구: IPA기법 적용)

  • Kim, Jeong-Hyeon;Gong, Jung-Sik
    • The Journal of the Korea Contents Association
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    • v.19 no.11
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    • pp.392-400
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    • 2019
  • The aim of this study is to estimate the recognition of ex-prisoners and experts on rehabilitation programs and family support programs by Korea Rehabilitation Agency, which plays a responsible role in promoting social reintegration. Estimation and comparison method was used to assess between the efficiency and the importance of the rehabilitation business which was respectively recognized by ex-prisoners and experts. The subjects of this study who have received the support from the agency were composed, and the effectiveness was identified. In addition, to measure the importance of the rehabilitation business, a group of experts were made up of professors, the agency employees, and correctional officers with expertise and experience of this field of reintegration and recidivism. Collected data were shown in quadrants by setting preference and importance on each axis through IPA. As a result, there was a significant difference between the preference and importance, and based on this result, the discussion was suggested in relation to the rehabilitation business and family support business.

A Study on the Recovery Process of Career Capital for Rehabilitation Protection Recipient (법무보호대상자의 진로자본 회복과정에 관한 연구)

  • Park, Hye-Gyeong;Han, Sun-Ok;Park, Si-Yeon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.12
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    • pp.400-413
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    • 2017
  • It is necessary for inmates released from prison to recover their career capital in order to function normally in society. Failure to adapt to the society may not only make them unhappy but could also aggravate social safety nets. Therefore, it is critical to examine the recovery of career capital. For this study, we conducted in-depth interviews of 10 rehabilitation recipients who were supported by Korea Rehabilitation Agency. For qualitative analysis, several career topics were analyzed, such as obstacles in recovering career capital, efforts in overcoming these obstacles, what is helpful for them to overcome the obstacles and what is required for them to adapt to the career life and others. Analysis results found that the rehabilitation beneficiaries suffered loses to their career capital due to their incarceration, suffered from the loss of pride and became despondent in the process of recovery of career capital due to the negative social perception toward their social self, fear of social stigma and devaluation of themselves. In addition, the fear of possible negative evaluation was a critical factor in making their social activities more challenging. Conversely, it was found that social support in the recovery process of career capital has a positive effect. In particular, emotional support from spouses, employers, family members and friends are the most positive factors. Concerning efforts at adapting to careers, it was found that an active, leading and positive attitude toward the career were critical, showing that positive evaluation and recognition in family and social relations and the experience of success in the career were positive elements in enhancing a sense of pride. In summary, it was found that in the recovery process of career capital, dysfunctional beliefs had a negative effect, while social support had a positive effect, on the recovery of career capital.

A Study on the Swiss Cadastral & Registration System (스위스의 지적과 등기제도에 관한 연구)

  • Ryu, Byoung-chan
    • Journal of Cadastre & Land InformatiX
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    • v.50 no.2
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    • pp.169-187
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    • 2020
  • In Korea, Switzerland has been known as a country that integrates the Cadastral System (hereafter as CS.) and the registration system(hereafter as RS.) according to a research report by the Ministry of Home Affairs since 1975. However, I found that Switzerland's CS. and RS. were separately managed by the Dept. of Defense, Civil Protection & Sports(hereafter as DDPS.) and the Dept. of Justice & Police(hereafter as DJP.). Therefore, I have a question about where is the institution in charge of the CS. and RS. in Switzerland, what are the relevant laws and regulations, and what are the related public records, and the background and purpose of this study is to resolve this. Research Results First, cadastral affairs are handled by the Cadastral Surveying Division at the Federal Office for Topography (Swisstopo) under the DDPS, and the registered affairs are handled by the Private Law Division at the Federal Office for Justice under the DJP. Second, Cadastral-related laws include 'VAV' and 'TVAV' newly enacted in 1993, and Registration-related laws include 'Civil Act(ZGB)' and 'Order on Land Registration(GbVO)' etc. which have been in effect since 1912. Third, the cadastral record includes the Cadastral Books, Cadastral Maps & Numerical Cadastral Books etc, and the register includes the Hauptbuch, Tagebuch, Pläne, Liegenschaftsbeschreibung etc. It is hoped that the results of this study will provide an accurate understanding of the fact that Switzerland's CS. is managed separately by the DDPS, and the RS. is managed by the DJP.

Review of 2021 Major Medical Decisions (2021년 주요 의료판결 분석)

  • Park, Taeshin;Yoo, Hyunjung;Lee, Jeongmin;Cho, Woosun;Jeong, Heyseung
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.171-209
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    • 2022
  • There were also many medical-related rulings in 2021, among which the rulings reviewed in this paper are as follows. The first relates to a case in which the medical record, which is the primary judgment data regarding the presence or absence of medical negligence, has been modified. The court judged whether there was negligence on the basis of the first written medical record without considering the contents of the medical record that was later modified. Next, the ruling on the case of asking for liability for damages for prescription of anti-obesity drugs recognized negligence related to prescription, but denied liability for property damage by denying a causal relationship, and recognized only alimony for violation of the duty of explanation. The a full-bench ruling on the scope of subrogation of the National Health Insurance Corporation, which subrogates the claims for compensation for medical expenses against the perpetrator of the patient, changed the existing precedent that had taken the 'deduction method after offsetting negligence' and judged it as 'the method of offsetting negligence after deduction'. In addition, in the ruling on whether or not there was negligence, the court was not bound by the medical record appraisal result. Lastly, in relation to the National Health Insurance Service's disposition of reimbursement for medical care benefit costs, we reviewed the ruling that discretion should be exercised even when a non-medical person makes a refund to a medical institution opened by a non-medical person. And we also reviewed the ruling that the scope of reimbursement for medical institutions jointly using facilities and manpower specifically should be determined.

The Protection of Third Parties of the Transactions Made by the Representative Director without Resolution Adopted by the Board of Directors (대표이사의 이사회 결의를 흠결한 거래행위와 제3자의 보호)

  • Shin, Tae-Seop
    • The Journal of the Korea Contents Association
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    • v.22 no.8
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    • pp.392-402
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    • 2022
  • The purpose of this study is to examine the protection of third parties of the transactions made by the representative director without resolution adopted by the board of directors. The legal effect of a transaction conducted by a representative director without board resolution in violation of internal restriction or statutory restriction is at issue. The Supreme Court of Korea('SCK') made a new ruling that revised the prior case law(Supreme Court en banc Decision 2015Da45451, Feb. 18, 2021). The SCK in the subject case proclaimed a legal doctrine that 'a third party acting in good faith' shall be protected according to Article 389(3) and 209(2) of the Korean Commercial Act, except that 'a third party with gross negligence' is considered as 'a person acting in bad faith' and thus is excluded from protection. The subject case law can be evaluated as broadening the scope of protection of the third party. In addition, the subject case is meaningful in that it is balance with the related SCK ruling, which considered a third party with gross negligence as a person acting in bad faith while protecting a third party with ordinary negligence in the case of transactions involving apparent representative directors, etc.

Strategies to Activate MyData Convergence Services from Four Perspectives: Compared to Europe and Korea (4가지 관점의 마이데이터 융합서비스 활성화 전략: 유럽과 한국을 비교하여)

  • Jooseok Park;Hyeyoung Kim;Hansung Kim;Minryung Choi
    • The Journal of Bigdata
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    • v.6 no.2
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    • pp.181-195
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    • 2021
  • Interest in the transition to MyData beyond the use of personal data is high worldwide. In order for the ideology of MyData to be realized, various useful MyData services would be developed in practice. Above all, convergence must be premised for the development of MyData. This study proposed strategies for activating MyData convergence services from four perspectives (BLTS: Business, Legal, Technology, and Social). In particular, the purpose w as to revitalize domestic convergence services by comparing European policies and services, which are the most pioneering in the field of MyData, with the domestic situation. It is expected that this study will provide balanced and progressive ideas in the MyData industry and policies.