• Journal of Arbitration Studies
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• v.26 no.4
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• pp.129-149
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• 2016

Medical dispute means the dispute between the hospital and the patient due to a medical accident. In general, medical accidents must be in accordance with the terms that are used in the medical dispute adjustment method stated in Article 2 (definition). In relation to this, there is a need to discuss an efficient operation scheme for Alternative Dispute Resolution (ADR) in medical disputes. In addition, it is necessary to look at issues of civil liability and criminal liability. In particular, in the consumer dispute arbitration committee, there is a case to make a "decision not to adjust" in aggressive intervention in the process of conflict resolution. The medical staff, on the basis of its "decision," can use this as a proven material for civil and criminal cases. This is rather upon the determination of the consumer council as a typical side effect to defend the user's perspective. This is the "decision" as was expressed from an order, "not adjusted." It is also determined to be easy and clearly timely. In the medical litigation, it is requesting the burden of proof of a patient's cause-and-effect relationship with the doctors committing negligence and medical malpractice. This seems to require the promotion of legislation in the direction to reduce future cases. It is determined that the burden of proof of medical accidents must be improved. The institution receiving the medical accident should prevent a closure report. Further, it is necessary to limit the transition to a franchise point. In this paper, we understand the problems of the current medical dispute resolution system, trying to establish a medical dispute resolution system desirable through an efficient alternative. In addition, it wants help in the protection and realization in medical consumers' and patients' rights. The relevant authorities will take advantage of these measures. After all, this could contribute to the system for a smooth resolution of a medical dispute.

• Proceedings of KOSOMES biannual meeting
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• 2005.05a
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• pp.195-208
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• 2005

The flag State is primarily responsible for implementing international maritime conventions(IMO conventions) and national laws and other standards as far as its own vessels are concerned, on the other hand the port State exercise its rights for the safety and marine environment under international law especially UNCLOS within port and territorial sea. In particular, the port State may take appropriate measures including detention of ships identified as sub-standard vessels which are considered as port State's supplementary role aiming for implementing international and national and regulations. But in the course of implementing port state control, international disputes may happen between port state, coastal state and flag state in spite of making all possible efforts to avoid these disputes. This paper aims to consider legal grounds on port state control(PSC) in international conventions and national laws concerned and deals with contradictions between international and national law arising from exercising PSC by port state control officers(PSCOs).

• Convergence Security Journal
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• v.12 no.2
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• pp.107-113
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• 2012

Recently, according to the establishment of personal information protection Act, the public and private organizations are taking a step to protect personal information rights and interests by employing the technical methods such as the access control mechanism, cryptography, etc. The result of the personal information leakage causes a serious damage for the organization image and also has to face with the responsibility by law. However, applying access control and cryptographic approach on the personal information item for every connection to large database system causes significant performance degradation in a large database system. In this paper, we designed and implemented the light weight system using JVM (Java Virtual Machine) for the Oracle DBMS environment which the concurrent transaction occurs many, thereby the proposed system provides the minimum impact on the system performance and meets the need of personal information protection. The proposed system was validated on the personal information protection system which sits on a 'A' public organization's portal site and personnel information management system.

• Korean Journal of Construction Engineering and Management
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• v.22 no.5
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• pp.55-65
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• 2021

Compared with other industries, construction industry shows a higher rate of death accidents and recently companies' legal responsibilities are to be increasingly enforced. The trend causes tremendous concerns for construction firms and increases the importance of forecasting and pro-actively managing death accidents in construction fields. The objective of the study is to develop a predictive analytics model for forecasting death accidents in building projects based on a decision tree technique, which enables to forecast the probabilities of death accidents by trade. The use of the model helps to decrease risks of legal punishments and to assist the safe execution of building projects by forecasting and pro-actively managing death accidents.

• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.57-90
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• 2021

Telehealth has been a hotly debated health policy issue in South Korea, mostly because the medical community - especially primary care practitioners - have strongly opposed it. As a result, telehealth has remained forbidden under law. However, the temporary permission of telehealth in Korea, as well as its exploding use in other countries, all in response to COVID-19, is re-igniting the discussion on telehealth in Korea. This article explores general legal issues that may arise if and when telehealth is fully implemented in Korea. The article's analysis shows that legislative changes are necessary to allow reimbursement of telehealth as well as remote purchase of medicine. The article also advocates introducing new evidentiary rules to curtail covert recording of telehealth sessions. On the other hand, additional legislation is probably not necessary to address the medical liability of physicians practicing telehealth or to adress much-discussed privacy issues. The existing laws in those domains are already robust enough to operate without much difficulty in the context of telehealth too.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.103-122
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• 2012

Nowadays, advanced countries and international community in which provide many services and profits due to rapid progress space science and technology whereas there is rising possibility of damage by collision of space object and increase of space debris. I will propose the concept and range of damage in the basis of review of space treaty and space liability convention as form of international order to fair and complete compensate to victim of accident and hazardous space activity. And, I will try to discuss possibility of compensation on personal damage and mental damage, scope of material damage, possibility of compensation about environmental contamination, issue of satellite data sending, place of damage, and so on. Also, I would like to propose establishment of space tribunal and regional cooperative agency.

• Journal of the Korean Society for Library and Information Science
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• v.19
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• pp.3-22
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• 1990

이 글은 1990년 10월 29일부터 11월 1일까지 서울 아카데미 하우스에서 열린 제11차 국제문헌정보연맹 아시아$\cdot$태평양위원회 학술회의에서 행한 기조연설의 내용이다. 이 학술회의의 주제인 국가정보정책의 현황과 주요 문제를 정리하여 제시하는 것이 기조연설자가 맡은 과제라 보고 첫째, 최근 수년간 한국정부가 입안 실행한 산업정보정책을 살펴보고 둘째, 일반적으로 개발도상국에서 국가산업정보정책은 누가 입안하고, 입안된 정책은 누가 실행하며, 한국의 경우는 어떤지를 살펴보았다. 산업정보정책은 한 나라의 산업정보봉사활동이 이루고자하는 여러 목표들을 열거한 것이며, 다른 분야의 경우와 마찬가지로 정부에 의하여 결정된다. 산업정보정책을 심의 결정하여 공포하는 것도, 지정된 기관에 재정지원을 제공하거나 법적 의무를 지워 공포된 정책을 실행하는 것도 정부의 책임이다. 제6차 경제사회발전 5개년 계획(1987-91) 속에 표시된 한국정부의 전반적 산업정보정책은 $\ulcorner$산업기술정보 유통지원을 강화하여 현행 산업연구원내 기술정보유통센터의 운영을 대폭 강화하고 전국적 온라인 전산망을 구축하여 산업연구원을 명실 상부한 국가의 중추적 기술정보유통기관으로 육성해나가는 한편 이를 토대로 기술정보 거래시장(테크노 마켓트)을 설치 운영$\lrcorner$하는 것이다. 산업정보정책은 산업발달을 위한 정책 속에 통합되고, 그것은 다시 경제발전 및 기타 부문의 국가발전 정책 속에 포함되는 것이 바람직하다. 한국에서 일반경제정책은 경제기획원이, 산업정책은 상공부 가, 기술정책은 과학기술처가, 재정정책은 재무부와 한국은행이, 통신정책은 체신부가 심의 입안한다. 산업정보정책의 일부를 이루는 산업정책 입안의 주요 책임은 상공부의 산업정책국에 있다. 모든 개발도상국에 꼭 같이 적용할 수 있는 국가산업정보정책 입안 및 실행 지침 같은 것을 마련하기는 어렵다. 그것은 이 분야에 개발된 일반모형이 없고 또 개발도상국이라고 하는 것이 동질집단이 아니기 때문이다. 개발도상국 사이에는 그 경제 발전면에서 뿐만 아니라 정보활동 면에서도 큰 수준 차가 있다. 각 개발도상국은 그 나라 고유의 전통과 형편에 맞는 산업정보정책을 마련하여야 한다. 그렇지만 발전 수준이 비슷한 다른 나라의 산업정보정책을 검토하여 자국의 가능성과 제한점을 바르게 이해하는 일은 적절한 정책 입안에 있어서 도움이 될 것이다. 본 기조연설은 아시아와 대양주의 다른 개발도상국 정책 입안자들에게 그러한 검토자료를 제공할 목적으로 행해진 것이다.

• Research in Community and Public Health Nursing
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• v.9 no.2
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• pp.303-312
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• 1998

The purpose of this study was to survey the knowledge level, attitude and practice of nurses toward their work. The subjects of the study were composed of 98 nurses from 3 general hospitals, 1 oriental medical hospital, 2 health centers and several community health posts and schools. Data were collected from May to October, 1998. In data analysis, an SPSS PC program was utilized for descriptions. 1) 16 nurses (16.3%) experienced medical accidents on the 7 nurses(7.1%) 1 time, 6 nurses (6.1%) 2 times, and 3 nurses(3.1%) 3 times. 2) Concerning knowledge of their legal obligations ; the prohibition of telling secrets was .89, the prohibition of reading medical records was .58, the keeping of medical records was 1.0 and the teaching of recuperation was. 79. The total mean score was. 86. Concerning attitude and practice; the prohibition of telling secrets was 81.6%, 63.3%. The prohibition of reading medical records was 61.2%, 60.2%. The keeping of medical records was 98%, 98%. The explanation for treatment, care and test was 91.8%, 66.3%. The teaching for recuperation was 63.3%, 63.3%. 3) Knowledge of their legal responsibilities; 29. 6% of the subjects thought that they should report a medical accident to their headnurse, but 75.5% of the subjects actually reported to the headnurse. 39.8% of the subjects thought that nurses were liable for the faults of nursing aides. The total mean score was .45. 46% of the subjects asked a senior staff's advide on difficult affairs. Nurses obeyed legal obligations when concern ing the protection of a client, but were passive when concerning self protection. Also, headnurses were required as adviser, guide and advocate.

• Korean journal of communication and information
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• v.35
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• pp.181-210
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• 2006

This frame analysis attempts to shed light on the process by which the Korean press constructs crisis as social reality through a series of risk reporting on food safety. Based on the FSSI(Food Safety Sentiment Index) developed by KIHASA(Korea Institute for Health and Social Affairs), 11 cases of food safety reports from 1989 to 2005 were collected from the Korean Integrated News Database System(KINDS) and analyzed to yield the following salient features: risk diffusion frame; attribution of responsibility frame; conflict frame. It was observed that the press exhibited a tendency to approach the food safety incidents from a bi-polarized perspective, amplifying dichotomy between the victim and the perpetrator rather than treating them as scientific, or environmental hazards that require precise and synthesized information for resolution. This occupational habit of attributing status to agents of news was also found to contribute towards construction of crisis as social reality.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.31-55
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• 2009

This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.