• Title/Summary/Keyword: 법적근거

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A Study on the Current Status and Improvement of Online Classes for Students with Developmental Disabilities during the COVID-19 Pandemic -in chungbuk- (코로나19 상황 속 발달 장애 학생의 온라인 학습 실태와 개선방안 -충북지역을 중심으로-)

  • Kim, Hyun-Jin
    • The Journal of the Korea Contents Association
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    • v.21 no.6
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    • pp.350-358
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    • 2021
  • The purpose of this study is to analyze the status of rights for online learning of students with developmental disabilities in the COVID-19 situation and suggest plans to promote the rights focusing on parents with children with disabilities. This research conducted the mixed method, which utilizes the survey of 200 parents with children in chungbuk, who have developmental disabilities, and FGI of six parents. The survey analysis shows that 50.5% of the respondents could not support their children due to telecommuting. The most urgent support system for learning assistance was identified as support for assistive personnel. As a result of the analysis of FGI, two categories of "status of online classes in the COVID-19," "improving non-contact learning environment considering the nurturing environment," "diversifying teaching methods such as video classes," "introducing of a contextual assessment," and "enhancing health support." Based on these findings, the study proposed to review legal grounds for online classes for disabled students, expand the dispatch of learning support personnel and prepare plans to promote the online learning environment.

Current status of digital information gap for women with disabilities from a gender-conscious perspective and ways to support informatization education based on empowerment (성인지적 관점의 지역사회 여성장애인 디지털정보격차 현황과 역량강화기반 정보화교육 지원 방안)

  • Choi, Sun-kyoung
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.24 no.5
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    • pp.655-661
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    • 2020
  • This study examined community-centered informatization education support measures for empowerment of women with disabilities based on gender perspective.First, the 'Digital Information Gap Survey' conducted by the Ministry of Science and ICT used the 2018 'Digital Information Gap Survey' to find out the current status of the digital information gap between male and female handicapped people. The law on information education support for women with disabilities is presented.Lastly, based on the current status of informatization education support available to women with disabilities, centered on local communities, such as establishing a comprehensive women's disability support center, visiting education considering disability types, developing and supporting customized informatization education considering learning ability, and discovering community resources related to informatization. In this paper, we propose a plan to support informatization education for women with disabilities based on capacity building.

A Literature Review on the Public Program of Walking Promotion for Active Living (활동적 생활을 위한 걷기증진 공공사업에 관한 고찰)

  • Kim, Dong Ha;Kang, Jaewook;Yoo, Seunghyun
    • Journal of agricultural medicine and community health
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    • v.46 no.2
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    • pp.98-108
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    • 2021
  • Objectives: This study aimed to describe the current public programs for community walking in Korea and to discuss their challenges. Method: We identified the literature related to community walking including five laws, 22 white papers from government departments and 84 program reports from the Seoul Metropolitan Government. Results: Korean law guarantees legal rights and validity to create safe, convenient and equitable environments for community walking. The government department, which has jurisdiction over legislation relating to community walking, has dominated community walking programs, and the role of public health department has been insufficient. Almost all sectors in the department of Seoul Metropolitan Government were involved in community walking programs. However, inter-sectoral cooperation system for community walking was insufficient. Conclusion: It is necessary to revise the condolences of the National Health Promotion Act to establish the role and perspective of public health in community walking promotion. Institutional efforts should be made to expand the network structure between sectors of community walking programs by establishing an organizational, budget, and performance sharing system for inter-sectoral approach.

New Standards for Determining Unlicensed Practice of Korean Medicine Doctors - Focusing on the Supreme Court's Decision No. 2016do21314 - (한의사의 면허외 행위 판단의 새로운 기준 -대법원 2022. 12. 22. 선고 2016도21314 전원합의체 판결을 중심으로-)

  • CHOI HYUG YONG
    • The Korean Society of Law and Medicine
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    • v.24 no.1
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    • pp.131-155
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    • 2023
  • Medical act divides unlicensed medical practice into medical practice by non-medical practitioners and unlicensed practice by medical practitioners. In the past, it was a common approach to strictly distinguish between western and Korean medicine, but the Supreme Court's Decision of December 22, 2016, Do. 21314, provided a new direction regarding the criteria for determining whether a Korean medicine practitioner is acting outside license. This paper analyzes the new criteria in detail, examines the significance of the new criteria, and explores its impact on the dualistic medical system. The difference between the new criteria and the previous criteria in the precedents is that the judgment is not based on the connection between Korean medicine principles and Western medicine principles. It is an advanced standard that actively accepts the overlap and variability of medical practice, moving away from dichotomous thinking that exclusively distinguishes between Korean medicine and Western medicine.

A Study on Improvement Plans for Application of the Personal Information Protection Act(Based on the Subject to Duty of Safeguards) (개인정보보호법 적용 대상에 대한 개선 방안 연구(안전성 확보조치 기준 의무 대상 중심으로))

  • Jang Sang Soo
    • Convergence Security Journal
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    • v.23 no.1
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    • pp.35-43
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    • 2023
  • Since the Personal Information Protection Act was enacted in 2011, it has played a role in safely protecting people's personal information and protecting their rights. Personal information controller must comply with the duty of safeguards for safe personal information management. Even though administrative regulation is an accompanying issue, it is not clear to whom, when and how it applies. According to the imposition of duties, the scope, standards, safety measures, procedures, etc. for the target person should be clearly and specifically specified, but the current legal system is insufficient .In this study, problems and reasonable improvement plans were presented for the classification criteria for applicable subjects, the criteria for the criteria for determining the targets, and the criteria for measures to ensure safety. Through this, we intend to contribute to enhancing the effectiveness of the system by presenting reasonable measures by clarifying and specifying the scope and standards of application.

An Analysis for the improvement strategies of the Education Welfare Priority Support Project (교육복지우선지원사업 정책 개선을 위한 실태조사 연구)

  • Song, Ji-hoon;Jeong, Yeong-mo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.7 no.11
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    • pp.305-314
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    • 2017
  • The purpose of this study is examining the status of Education Welfare Priority Support Project and providing constructive strategies for future direction. In order to collect data, we have used on-line survey, in-depth interview personnels in charge of 17 school districts and open forum with municipal board members of education along with related literature review. As results, since 2003, the effectiveness of the Education Welfare Priority Support Project has been proved and the areas have been expanded. Furthermore, institutional stability has been confirmed along with the supports of enforcement ordinance of the Elementary and Secondary Education Acts and Ministry of Education Ordinances. However, since the management authority of the project has transferred to 17 provincial offices of education, it shows the tendency of that the overall programs were not fully activated and gradually stagnated. According to these issues, we proposed various implemental policy suggestions though the revision of Article 28 of elementary and secondary education-related law.

The Korean Government's Migration Policy on HIV/AIDS - Comparing with Migrant-Receiving and Migrant-Sending Countries in East Asia - (HIV/AIDS에 대한 한국정부의 이주정책 -동아시아의 이주민 도입국과 이주민 송출국과의 비교-)

  • Lee, Jungwhan;Lee, Sungyong
    • International Area Studies Review
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    • v.13 no.1
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    • pp.17-38
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    • 2009
  • The purpose of this study is to identify the Korean government's policies and responses to migrants with HIV/AIDS and their legal grounds, and to examine the effectiveness of the HIV/AIDS laws and regulations in preventing the spread of HIV/AIDS. For the purpose, this study have conducted an extensive literature review and in-depth interviews with relevant government officials, experts and NGO leaders in East Asian countries including Japan, Taiwan, Hong Kong, China and Mongolia. The results show that Korea maintains the strictest policies and implements strong rules and regulations against migrants with HIV, keeping them from entering and staying in the country by any means. Regarding the results, this study discusses issues and problems raised by the Korean government's HIV/AIDS policy for migrants in terms of public health and human rights.

A Study on Trauma Experiences among Korean Adults based on Conditional probability of PTSD symptoms (PTSD 증상의 조건비율에 근거한 한국 성인의 트라우마 경험에 관한 연구)

  • Kim, Ji-Yun;Lee, Dong-Hun;Kim, Si-Hyeong
    • Korean Journal of Culture and Social Issue
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    • v.24 no.3
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    • pp.365-383
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    • 2018
  • In this study, to search for events that cause high levels of PTSD symptoms, traumatic events are classified into 'criterion events' that meet DSM-IV-TR criteria and 'life stresssful events', conditional probability of PTSD was confirmed. From a sample of 1,000 adults residing in South Korea, 998 statistically relevant samples were extracted. Criterion events include cases of 'sexual harassment before age 16', 'sightings of other accidents', 'rape before 16', 'domestic violence before 16', 'disaster', 'traffic accidents', 'other accidents'. Life stressful events appeared to be 'legal arrest or detention(person and family)', 'parental separation or divorce', 'failure or despair causing serious stress', 'extreme conflict with family or frequent quarrels'. Among the demographic characteristics, age, marital status, religion were found to affect PTSD symptoms. The implications and limitations of these results are discussed.

Review of 'Nonperformance of Obligation' and 'Culpa in Contrahendo' by Fail to Transport - A Focus on Over-booking from Air Opreator - (여객운송 불이행에 관한 민법 상 채무불이행 책임과 계약체결상의 과실책임 법리에 관한 재검토 - 항공여객운송계약에 있어 항공권 초과판매에 관한 논의를 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.113-136
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    • 2020
  • Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

Der Vollrauschtatbestand de lege ferenda (완전명정죄 처벌규정의 입법론)

  • Seong, Nak-Hyon
    • Journal of Legislation Research
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    • no.55
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    • pp.137-166
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    • 2018
  • Wenn nach dem starken Trinken etwas strafbares passiert, so ist das Gesamtverhalten als $strafw{\ddot{u}}rdig$ und strafbar anzuerkennen. Aber nach dem Schuldprinzip handelt ohne Schuld, wer bei Begehung der Tat $unf{\ddot{a}}hig$ ist, das Unrecht der Tat einzusehen oder nach dieser Einsicht zu handeln(Koinzidenzprinzip). Die Rechtsfigur der "actio libera in causa" dient dazu, diese in $h{\ddot{a}}ufigen$ $F{\ddot{a}}llen$ als kriminalpolitisch $unerw{\ddot{u}}nscht$ empfundene $L{\ddot{u}}cke$ zu umgehen. Dabei kommt auch dem Vollrauschtatbestand in der Praxis $erh{\ddot{o}}hte$ Bedeutung zu. Der deutsche Gesetzgeber war sich bei der Aufnahme des Vollrauschtatbestandes in das Gesetz durchaus $bewu{\ss}t$, $da{\ss}$ die Vorschrift eine Ausnahme zur Schuldzurechnungsregelung darstellte. Er $w{\ddot{a}}hlte$ jedoch die Form eines $selbst{\ddot{a}}ndigen$ Tatbestandes, um die Durchbrechung des reinen Schuldprinzips $ertr{\ddot{a}}glich$ zu machen. Der Vollrauschtatbestand ist ein abstraktes $Gef{\ddot{a}}hrdungdsdelikt$ -demnach die im Rausch verwirklichte rechtswidrige Tat nur objektive Bedingung der Strafbarkeit ist -, das sachlich eine Schuldzurechnungsregelung $enth{\ddot{a}}lt$, und zwar eine Ausnahme $gegen{\ddot{u}}ber$ die Regelungen ${\ddot{u}}ber$ Schuldzurechnung. Dieser Vollrauschtatbestand ist dennoch als regitime $Erg{\ddot{a}}nzung$ der in Schuldzurechnungsregelungen beschriebenen $Schuldzurechnungsgrunds{\ddot{a}}tze$ anzusehen. Er steht $n{\ddot{a}}mlich$ in Einklang mit dem Schuldgrundsatz, wenn als subjektives Tatbestandsmerkmal des Vollrausches die Kenntnis der $Gef{\ddot{a}}hrlichkeit$ des Rauschzustandes $f{\ddot{u}}r$ die Begehung von Delikten vorausgesetzt wird.