• Title/Summary/Keyword: 법적책임

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Research of the Comparison Between Standardized Project Management Process and the related Legal Processes applying for PMO in Public (공공 정보화 부문 PMO제도 도입에 따른 관련 법제도와 표준화된 프로젝트 관리 프로세스의 적합성 비교 연구)

  • Park, HeonJoon;Lee, SeoukJoo
    • Proceedings of the Korea Information Processing Society Conference
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    • 2013.05a
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    • pp.921-924
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    • 2013
  • PMO(Project Management Office)는 해당 영역의 프로젝트를 조정된 중앙 통제 방식으로 관리하기 위하여 필요한 다양한 책임을 배정받은 조직, 부서나 주체를 말하며, 프로젝트 관리 지원 기능을 제공하는 일부터 직접적인 프로젝트 관리에 이르기까지 다양한 책임을 지니고 있다. 본 논문에서는 PMO 제도 도입에 따른 성공적인 공공 정보화 사업 완수를 위해 우리나라 PMO 관련 현 법제도 현황을 선행 연구자들에 따른 PMO 기능 분석 종합 자료와 미국의 표준화된 프로젝트 관리 프로세스인 PMBOK(Project Management Body of Knowledge) 관리 지식 영역 프로세스를 적용해 우리나라 현 법제도의 적합성을 비교 분석하였다. 연구 결과로 공공 정보화 사업에서 PMO 제도를 도입함에 있어 우리나라 현 법제도가 공공 정보화 사업의 품질을 높이는데 보완되어야 할 영역들이 요구되었다. 향후 본 연구를 통해 공공 정보화 사업의 PMO 제도 도입 시 법적 제도화와 전문성을 제고하여 성공적인 사업 수행에 도움이 되도록 하고자 한다.

Plans for Improvement of the Airspace Structure (공역체제 개선계획)

  • Kim, Chang-Seop
    • The Korean Journal of Air & Space Law and Policy
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    • v.12
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    • pp.144-177
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    • 2000
  • Our nation have several procedures and law for national airspace management, however those procedures and law not enough to manage airspace. Therefore, I have studied this paper for improving flight safety and for providing economics flight of civcil aircraft and military aircraft, also, for increasing efficiency of airspace through systematic airspace management, additionally, for improving nation defense ability and for preventation our nation damage when occuring airspace problem. Nowaday. in using airspace. two theory which freely use theory and use theory under jurisdiction is opposed by every nation in worldwide. Consequently. we can realize every nation endeavour to increase their jurisdiction airspace. However. our nation is not still prepared to cope with other nation when occuring airspace trouble. because airspace definition is not prescribed on our aviation law. Therefore. several problems which are improved in our airspace management are presented on this paper. The presented matters are as follows. First, The airspace definition is not prescribed on aviation law and responsibility limit of airspace management is ambugious. Second. problem on structure of approach control area and special airspace, Third. problem on airway system. Fourth. civil agency and military agency apply respectively different regulation in establishment of aircraft flight route, To grasp these problems, considered the airspace conception, airspace classfication. legal character of airspace. our nation airspace state and management together with other nation airspace state and management. also compared our nation airspace management with other nation airspace management. And. improvement methods to solve problems which was appeared by comparing and analysis are presented on this paper.

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Specialty Hospital and Keyword Searching Ads Regulation (전문병원과 키워드검색광고 규제)

  • Lee, Dongjin
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.103-141
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    • 2017
  • The (Korean) Medical Services Act revised in 2009 introduces the accreditation of specialty hospital. When a hospital meets prescribed standards, passes a board review, and is accredited as a specialty hospital by the Minister of Health and Welfare, then it may use 'specialty hospital' in its name and certification mark of specialty hospital. The problem is that the (Korean) Fair Trade Commission and the (Korean) Ministry of Health and Welfare, both of which have authorities to regulate advertising in general and in health care service in turn, announced the guidelines to prohibit internet (portal) service providers to provide keyword search ads service using key-words such as 'specialty' or 'specialized in' for those who are not accredited by the Minister of Health and Welfare. In this article, whether these guidelines can be justified by the current regime and whether the current specialty hospital policy is agreeable would be examined. To do this, the legal nature of accreditation of specialty hospital, the limit of advertisement regulation, the law of keyword search ads, and the liability of internet service providers also would be analyzed.

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A Comparative Study on the Perceptions of Nursing Students and Clinical Instructors on the Importance of Learning Contents of Nursing Management and Practical Experience (간호관리학실습 교과내용에 대한 중요도와 실습 경험에 대한 간호대학생과 임상현장지도자의 인식 비교 연구)

  • Koo, OK-Hee;Hong, Sung-Woo
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.22 no.6
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    • pp.90-99
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    • 2021
  • This study was conducted to provide basic data for improving nursing management practice by comparing and analyzing the perceptions of nursing students and clinical instructors about the importance of the learning contents of nursing management and their practical experience. The final 343 copies were analyzed using the Mann-Whitney test and cross-analysis, targeting 4th-grade students and clinical instructors at three universities. Both nursing students and clinical instructors recognized 'communication', 'interpersonal relationship', 'responsibility', 'trust', and 'morality' as important factors in the evaluation items of practice. Among the top 10 most importantly recognized items among nursing-management practice learning content, six items ('infection control', 'nursing record management', 'patient nursing management', 'drug management', 'patient safety', and 'nursing malpractice') were matched in the two groups. Moreover, clinical instructors recognized that interpersonal relationships and relationship ethics were important, while nursing students chose legal responsibility. As a result of the practical experience analysis between the two groups, nursing students had high experience of indirect participation, but the clinical instructors had a high experience of direct instruction. A plan is needed to reduce the difference by establishing an organic partnership relationship between the university and practice institutions and increase the experience of direct practice of nursing students.

A Comparative Study of Ship Collision Legislation in Korea and China (한국과 중국의 선박충돌법제의 비교법적 연구)

  • Jiancuo, Qi
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.4
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    • pp.577-586
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    • 2022
  • The increasing trade volume between Korea and China has rapidly expanded the maritime transport between the two countries. However, safety, particularly considering the ship collisions in the Yellow Sea and East Sea waters, has not been fully ensured. These collision accidents in that region endanger traffic safety and the marine environment, moreover, it has the potential to cause legal complexity because Korea and China haver domestic legislation, that are considerably different in some aspects. International conventions and domestic legislation in China provide detailed laws with respect to ship collisions, however, the theory of ship collision infringement still needs to be improved, enriched, and developed. Because these laws are not very clear on the resolution of disputes resulting from ship collisions, we focused on the final judgments by the Supreme Court of China (SPC), and the judicial judgments set by the Maritime Court of China. This study aimed to explore the domestic legislation applicable to disputes related to ship collisions in China, and comparatively investigate the legal provisions of Korea and China on the issue of ship collisions, particularly on the aspect of damage compensation, fault ration, and liability apportionment.

A Legal Study on the Electronic Ticketing (전자항공권의 법적 제문제에 대한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.55-69
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    • 2006
  • Electronic ticketing ("e-ticketing") through the internet will be the most critical commercial tool in the international airline industry. Actually the International Air Transport Association(IATA) has announced that it's goal is to accomplish 100 percent implementation of e-ticketing worldwide by 2007. Domestically e-ticketing will be put into operation in a full scale from the next year(2007). Thus, we count on, sooner or later, e-ticketing will be accomplished globally. As a legal aspect, this e-ticketing raises many legal issues which are no longer subject to a static set of legal rules driven by judicial precedent because e-ticketing is carried out on the "cyber space" which is a new and developing law area. In this treatise, I studied these legal issues, specially on the time and place(jurisdiction) of the contract which are the most important issues based on the New Montreal Convention signed at Montreal on May 28, 1999, which would seem prove that the airline industry is receptive and capable of change. Upon this opportunity, I hope the more comprehensive legal study on the e-ticketing will be introduced in the near future.

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Developing a Scale for Measuring the Corporate Social Responsibility Activities of Korea Corporation: Focusing on the Consumers' Awareness (한국형 기업의 사회적 책임활동 측정을 위한 척도 개발 연구: 소비자 인식을 중심으로)

  • Park, Jongchul;Kim, Kyungjin;Lee, Hanjoon
    • Asia Marketing Journal
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    • v.12 no.2
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    • pp.27-52
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    • 2010
  • It is not new that today's business organizations are expected to exhibit ethical and moral management and to carry out social responsibility as a good corporate citizen. Since South Korea emerged as a newly industrialized country during the 1980s, Korean corporations have become active in carrying out their social responsibility as a good corporate citizen to society. In spite of the short history of corporate social responsibility, Korean companies have actively participated in corporate philanthropy. Corporations' significant donations to various social causes, no-lay-off policies, corporate volunteerism and green marketing are evidences of their commitment to corporate citizenship. Corporate social responsibility is now an essential management practice whereby corporation can strengthen its sustainable value creation processes by enhancing the trust assets underlying the relationships between the business and the stakeholders. Much of the conceptual work in the area of corporate social responsibility(CSR) has originated from researches conducted in the management field. Carroll(1979) proposed that corporations have four types of social responsibilities: economic, legal, ethical and philanthropic responsibility. Most past research has investigated CSR and its impact on consumers' attitudes toward the corporations and corporate performances. Although there exists a large body of literature on how consumers perceive and respond to CSR, the majority of past studies were conducted in the United States. The stability and applicability of past findings need to be tested across different national/cultural settings, especially since corporate social responsibility is a reflection of implicit conformation with the expectations and criticism that society may have toward a corporation(Matten and Moon, 2004). In this study, we explored whether people in Korea perceive CSR of Korean corporations in the same four dimensions as done in the United States and what were the measurement items tapping each of these four dimensions. In order to investigate the dimensions of CSR and the measurement items for CSR perceived by Korean people, nine focus group interviews were conducted with several stakeholder groups(two with undergraduate students, two with graduate students, three with general consumers, and two with NGO groups). Scripts from the interviews revealed that the Korean stakeholders perceived four types of CSR which are the same as those proposed by Carroll(1979). However we found CSR issues unique to Korean corporations. For example for the economic responsibility, Korean people mentioned that the corporation needed to contribute to the economic development of the country by generating corporate profits. For the legal responsibility, Koreans included the "corporation need to follow the consumer protection law." For the ethical responsibility, they considered that the corporation needed to not promote false advertisement. In addition, Koreans thought that an ethical company should do transparent management. For the philanthropic responsibility, people in Korea thought that a corporation needed to return parts of its profits to the society for the betterment of society. The 28 items were developed based on the results of the nine focus group interviews, while considering the scale developed by Maignan and Ferrell(2001). Following the procedure proposed by Churchill(1979), we started by developing an item poll consisting of 28 items and purified the initial pool of items through exploratory, confirmatory factor analyses. 176 samples were sued for this analysis. Confirmatory factor analysis was performed on the 28 items in order to verify the underlying four factor structure. Study 1 provided new measurement items for tapping the Korean CSR dimensions, which can be useful for the future studies exploring the effects of CSR on Korean consumers' attitudes toward the corporations and corporate performances. And we found the CSR scale(17 items) has good reliability, discriminant validity and nomological validity. Economic Responsibility: "XYZ company continuously improves the quality of our products", "XYZ company has a procedure in place to respond to customer complaint", "XYZ company contributes to the economic development of our country by generating profits", "XYZ company is eager to hire people". Legal Responsibility: "XYZ company's products meet legal standards", "XYZ company seeks to comply with all laws regulating hiring and employee benefits", "XYZ company honors contractual obligations to its suppliers", "XYZ company's managers try to comply with the law related to the business operation". Ethical Responsibility: "XYZ company has a comprehensive code of conduct", "XYZ company does not promote a false or misleading advertisement", "XYZ company seems to conduct a transparent business", "XYZ company does a fair business with its suppliers or sub-contractors". Philanthropic Responsibility: "XYZ company encourages partnerships with local businesses and schools", "XYZ company supports sports and cultural activities", "XYZ company gives adequate contributions to charities considering its business size", "XYZ company encourages employees to support our community". Study 2 was condusted for comprehensive validity. 655 samples were used for this anlysis. Collected samples were tested by factor analysis and Crnbach's Alpha coefficiednts and were found to be satisfactory in terms of validity and reliability. Furthermore, fitness of the measurement model was tested by using conformatory factor analysis. χ2=880.73(df=160), GFI=0.891, AGFI=0.854, NFI=0.908, NNFI=0.913, RMR=0.059, RMESA=0.070. We hope that CSR scale could greatly facilitate research on Corporate social resposibility, it is by no means the final answer.

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A Study on Seaman's Criminal Responsibility of Marine Accidents (해양사고에 따른 해원(海員)의 과실책임에 대한 형사실무적 고찰)

  • Song Yong-Seop;Suh Geo-Suk;Park Yong-Uk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.11 no.2 s.23
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    • pp.41-49
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    • 2005
  • In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.

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The Effect of Large Company's Corporate Social Responsibility on the Trust and Relationship Commitment of Supplier Company's Workers (대기업의 사회적 책임활동이 협력회사 구성원의 신뢰와 관계몰입에 미치는 영향)

  • Lee, Yang-Soo;Kim, Byeong-Seong;Kim, Hae-Ryong
    • Journal of Digital Convergence
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    • v.18 no.7
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    • pp.201-213
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    • 2020
  • The purpose of this study is to examine the effects of large company's corporate social responsibility(CSR) on trust and relationship commitment of partner companies' members. This study is different from previous studies with respect to inclusion of safety/environment responsibility as one of CSR components and inclusion of supplier company's members as one of major stakeholders in CSR. Corporate social responsibility activities, which are independent variables, are composed of four components: economic, legal, ethical, and safety/environment responsibility. The trust is composed of the dependent variables as the parameter. For the empirical analysis, data were collected from 186 members of supplier companies of 'S' large companies. The data collected were analyzed using SPSS 21.0 and AMOS 21.0 to verify the hypothetical relationship. The results of this study are as follows. First, social responsibility activities have an effect on trust and relationship commitment, and trust has a positive effect on relationship commitment. In the relationship between social responsibility activities and relationship commitment, trust was found to play a full mediating role. Based on these results, implications were discussed in terms of theory and practice, limitations were pointed out, and some research directions for future research were also proposed.

Legal Issues and Proposed Solutions of Electronic Agents in Electronic Commerce (전자상거래에서 전자대리인의 법적 문제점과 개선방안)

  • Woo, Kwang-Myung;Cho, Hyun-Sook
    • International Commerce and Information Review
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    • v.13 no.1
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    • pp.197-216
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    • 2011
  • Computer technology has enhanced a new transaction between device or software not just between humans. It offers users agent-like functionality and becomes increasingly common. It's roles diverse from gathering informations to automated trading. However, the use of new technology challenges to traditional legal systems and makes issues in adjusting the legal systems. Contract with electronic agents makes some issues such as whether the contract is enforceable or what principle's responsibility about the operation of electronic agents is. This paper analysis these issues and provides some solutions. First of all, we should make a legal act or revise previous laws. It is better that new civil law establishes for electronic communications and approach the law of agency for attribution of the responsibility issue. Secondly, in practice, website such as shopping mall should provide the terms of conditions to bind a contract.

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