• 제목/요약/키워드: 법적근거

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Improving The Formal Long-Term Care Workforce Caring for the Elderly: A Focus Group Interview (요양보호사 교육의 고도화 방안에 관한 초점집단 인터뷰: 직무 및 치매교육을 중심으로)

  • Kim, Hye Jin;Jang, soong nang
    • 한국노년학
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    • v.37 no.3
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    • pp.549-565
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    • 2017
  • A high-quality workforce is essential to delivering the high-quality care for the older people who are beneficiaries of long term care insurance. Providing adequate education and ongoing training opportunities could be one answer that may lead to the ultimate goal of improving the quality of long-term care services. Thus this study aimed to examine a workforce crisis and difficulties that care workers face in current education system, especially in contents and administration aspects and draw out suitable solutions or improvement measures. The focus group interview approach was chosen to reflect opinions of long-term care workers, directors of the education system in long-term care facilities and managers. The findings from the focus group interviews were analyzed by theme and classified into several categories by common subjects:'Training contents', 'Training environment', 'Administrator', 'Compulsory training', 'Care givers supply', 'Working condition'. Also, four content areas were presented as follows:'Job training', 'Dementia care training', 'Administration system', 'Workforce'. The caregivers demand very practical training programmes and trainers with a lot of field experience. Improving the working condition and treatments for them leeds to expand the opportunity of the on-going training.

Analysis and Implications of Private-led Library Services for the Disabled in Major Advanced Countries (주요 선진국 민간주도형 도서관 장애인서비스 분석과 시사점)

  • Yoon, Hee-Yoon
    • Journal of Korean Library and Information Science Society
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    • v.53 no.2
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    • pp.1-23
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    • 2022
  • Access to knowledge and information is a universal human right. However, even after the Marrakesh Treaty was adopted on June 27, 2013, only 1-7% of standard printed materials are accessible to people with reading disabilities, including the visually impaired, and library services are very weak. As a result, the book famine of people with reading disabilities continues. This study, focusing on such severe access gaps and inequalities, analyzes Learning Ally and Bookshare in the US, the Royal National Institute of Blind People (RNIB) in the UK, Bibliothèque Numérique Francophone Accessible (BNFA) in France, and SAPIE in Japan, which are considered private organizations leading library services for the disabled in major developed countries. And based on the derived implications and the Marrakesh Treaty, a strategic plan was proposed to strengthen the services of the disabled in domestic libraries. It is urgent to enact the 'Act to Resolve Reading Barriers', amend the provisions related to the Copyright Act that restrict library services, strengthen the organizational capacity of the National Library for the Disabled, raise the service index for the disabled in library evaluation, and establish a library cooperation system centered on regional representative libraries and expand services, etc.

A Study on the Management of Exposure of Workers and Assistants Related to Diagnostic Radiation (진단용 방사선 관련 업무 종사자의 피폭관리에 관한 연구)

  • Lim, Chang-Seon
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.97-124
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    • 2021
  • In medical institutions, there are radiation-related workers such as radiological technologists, physicians, dentists, and dental hygienists who handle diagnostic radiation generators. Also, there are work assistants, such as nurses and assistant nurses, who assist in radiation treatment or transfer patients to the radiation examination room. Radiation exposure management for radiation-related workers is carried out under the 「Medical Service Act」, but there is no legal basis for work assistants, etc. And the management of radiation exposure for diagnosis is regulated by the 「Medical Service Act」, and the management of radiation exposure by therapeutic radiation and nuclear medical examination is governed by the 「Nuclear Safety Act」. Thus, to improve the management of radiation exposure for diagnosis, the regulations on radiation exposure management for diagnosis under the 「Medical Service Act」 were compared and reviewed with those of the 「Nuclear Safety Act」. As a result, the main contents are as follows. First, it is necessary to legislate to include nurses, assistant nurses, and clinical practice students who are likely to be exposed to radiation besides radiationrelated workers as subjects of radiation exposure management for diagnosis. Second, when a radiation-related worker for diagnosis is confirmed to be pregnant, the exposure dose limit should be defined. Third, it is necessary to revise the regulations on the types of personal exposure dosimeters in the 「Rules on the Safety Management of Radiation Generators for Diagnostics」. Fourth, it seems that health examination items for radiation-related workers, radiation workers, and frequent visitors should be the same. Fifth, It is necessary to unify and regulate diagnostic radiation and all medical radiation, including therapeutic radiation and nuclear medicine, in one legal system.

Legal regulations on telemedicine and their problems (원격의료에 대한 법적 규제와 그 문제점)

  • Hyun, Doo-youn
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.3-33
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    • 2022
  • In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

A Study on the Improvement of the Management Reference Tables for Datasets in Administrative Information Systems (행정정보 데이터세트의 관리기준표 개선방안 연구)

  • Lee, Jung-eun;Kim, Ji-Hye;Wang, Ho-sung;Yang, Dongmin
    • Journal of Korean Society of Archives and Records Management
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    • v.22 no.1
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    • pp.177-200
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    • 2022
  • Administrative information datasets are a kind of record produced based on an organization's work performance. A dataset is evidence of the act of recording and contains a lot of information that can be used for work. Datasets have been neglected in Korea's records management system. However, as the law was revised in 2020, the management of administrative information datasets was legislated. Organizations that require management of administrative information datasets have already gradually begun record management. The core of managing administrative information datasets is the preparation of the Management Reference Table for the dataset. Regardless, there is confusion with the Records Management Reference Table for Dataset in institutions that work on records management, and it is difficult to work because the Management Reference Table for Dataset has a new concept. This study looked into the problems in the records management of datasets that appeared at the beginning of work. It isuggests a method to effectively settle records management for datasets. In that way, the Management Reference Table was selected as the research subject, and the problems discussed so far were summarized. In addition, the items of the current Management Reference Table were analyzed. As a result of the study, we have proposed the simplification of items in the Management Reference Table, the reorganization of areas in the Management Reference Table, the introduction of the concept of retention periods, and the preparation process of the Management Reference Table.

A Study on the Development of Feasibility Evaluation Model for Establishment of Public Libraries (공공도서관 설립 사전 타당성 평가모형 개발 연구)

  • Sin-Young, Kim;Hee-Yoon, Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.56 no.4
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    • pp.101-127
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    • 2022
  • Article 31(1) of the Libraries Act(Act No. 18547), which was completely revised on December 7, 2021, stipulates that "the head of a local government or the superintendent of a city/provincial office of education must formulate a plan for the establishment and operation of a public library in advance and obtain the pre-evaluation of the feasibility of establishing a public library from the Minister of Culture, Sports and Tourism." Through the preliminary feasibility evaluation at the construction stage of the public library, it is possible to adjust distribution to improve the adequacy of scale and resolve regional imbalances and gaps. In addition, it is expected to increase service satisfaction and operational enhancement by inducing faithful securing of core infrastructure (librarians, collection, facilities, systems, etc.) in terms of balanced regional development and public library construction. The purpose of this study is to develop and present the basic direction and feasibility evaluation model for establishment of public libraries. The proposed evaluation model is expected to secure the legal basis and institutional legitimacy of the pre-evaluation system for public library establishment and to prevent waste of tax due to poor construction and operation of public libraries.

A Study on the Gender Rights Protection System in Arts and Cultural Industry (문화예술계 성 인권 보호를 위한 제도 연구)

  • Byun, Young geon;Lee, Sung yeop
    • Korean Association of Arts Management
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    • no.54
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    • pp.155-184
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    • 2020
  • This study aims to examine the system for gender rights in arts and cultural industry triggered by #Metoo movement and to suggest action plans to improve gender equality. Up until now, Korean government launched 'Pan-governmental Counter Plan', 'Recommendation of the Special Center for Investigating Sexual Harassment and Sexual Violence in Arts and Cultural Industries' 'the Primary and Secondary Supplemental Measures to Eradicate Sexual Harassment and Sexual Violence in the Arts and Cultural Sector by the Ministry of Culture, Sports and Tourism in Korea', and '2030 Cultural Vision'. Korean government has designed the system to protect gender rights using these proposals. Implemented policies can be grouped into 4 different categories; protecting victims, punishing abusers, implementing preventive measures, and reforming legal system. However, despite Korean government's multilateral efforts, continuous criticism aroused as policies failed to witness actual impacts in the industry. Given the fact that 2 years have passed since the launch of gender equality policy in cultural sector, this is the right time to discuss the current status and ways to improve it. For above reasons, research was conducted on documents including, but not limited to, government publications and an analysis of interviews with 9 major stakeholders of policy planning and implementation. During the study, interviews were analyzed using the qualitative research program MAXQDA. As a result, 5~10 problems were revealed in each category of the system. Furthermore, meaningful correlation has been found in improvement areas suggested by the interviewees. This connection implies that the policy for gender rights in arts and cultural industry shall be developed organically in order for the system to work.

Measures to improve the legal system for commercialization of sand dams (샌드댐 상용화를 위한 법제도 개선 방안)

  • Shim, Young-Gyoo;Chung, Il-Moon;Kim, Min-Gyu
    • Journal of Korea Water Resources Association
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    • v.55 no.8
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    • pp.635-643
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    • 2022
  • Attempts are being made to use the sand dam as an alternative water resource securement facility by installing and operating sand dams in valleys, where water intake capacity is extremely limited, in areas with limited water supply in the upstream watershed of Korea. In the case of some countries in Africa, where sand dams are known to be most actively installed and used, it is difficult to find examples of establishing and applying a separate legal system for sand dams. A sand dam is a kind of groundwater dam, and in view of its concept, structural and technical form and characteristics, purpose, use, and function, it will be said that it has the legal character and status as a facility for securing groundwater resources specified in the current 「Ground Water Act」. Interpretation and application of regulations on facilities for securing groundwater resources also supports this. Therefore, it is legal and realistic to promote and implement the sand dam project as one of the installation and management projects for securing underground water resources based on the 「Ground Water Act」.

Development of a Korean-version Integrated Message Set to Provide Information on Traffic Safety Facilities for Autonomous Vehicles (자율주행 자동차 대응 교통안전시설의 정보 제공을 위한 한국형 통합 메시지 셋 설계 방안 연구)

  • Eunjeong Ko;Hyeokjun Jang;Eum Han;Kitae Jang
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.21 no.6
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    • pp.284-298
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    • 2022
  • It is necessary to acquire information on traffic safety facilities installed on the roadways specifically for the operation of autonomous vehicles. The purpose of this study is to prepare a Korean version of an integrated message-set design as a way to provide to autonomous vehicles standardized information on traffic safety facilities. In this study, necessary facilities are classified according to four criteria (no legal basis; not providing information to autonomous vehicles; providing duplicate information; not standardized, and too difficult to generalize) based on information that must be provided to operate autonomous vehicles. The priority of information delivery (gross negligence followed by behavior change) was classified according to the importance of the information to be provided during autonomous driving, and the form was defined for the classification code in the information delivered. Finally, the information location and delivery method of traffic facilities for compliance with SAE J2735 were identified. This study is meaningful in that it provides a plan for roadway operations by suggesting a method for providing information to autonomously driven vehicles.

An Analysis of Threat Factors for Strengthen Maritime Safety around Delphi/AHP-Based Launch Site and Flight Paths (Delphi/AHP 기반 발사장 주변 및 비행경로의 해상안전 강화를 위한 위협요인 분석)

  • Ahn-Tae Shin;Byung-Mun Park;Hun-Soo Byun
    • Korean Chemical Engineering Research
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    • v.61 no.2
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    • pp.208-216
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    • 2023
  • In this study, using the Delphi method, 20 responses to 4 questions (need for launch safety control, top-priority considerations for ensuring public safety during launch, necessary improvements for securing maritime safety, and maritime safety threat factors) regarding launch vehicles and public safety were obtained from experts, and their importance was evaluated to analyze the factors that threaten the reinforcement of maritime safety around launch sites and flight paths when launching. According to the results of an analytic hierarchy process (AHP) analysis, the consistency ratio of the four questions was 4.8%, which is lower than CR ≤ 0.1(10%), and the consistency percentage of the lower measurement indicators was 3.9~5.7%. The derived importance and priority of maritime safety threat factors during launching were in the following order: Substantial human and physical damage in case of launch accidents(0.36), Prepare legal bases (e.g., penalty details) regarding maritime control(0.32), Secure the safety of personnel, equipment, and facilities in danger zone(0.31), Unauthorized entry of vessels in maritime control zones and non-compliance to restrictions(0.30). This article can serve as a reference for strengthening maritime safety in areas around launch sites and flight paths.