• Title/Summary/Keyword: 법적책임

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Critical Review of Simulation Training's Effects on Nursing Students (간호학생을 대상으로 한 시뮬레이션 실습 효과에 대한 비판적 고찰)

  • Choi, Eun Hee
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.5
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    • pp.141-149
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    • 2020
  • This study was undertaken to analyze the intervening effect of nursing simulation among nursing students. This was a critical review study, and data obtained were reviewed using various data bases, including RISS, KISS, NDSL, DBpia, and KRI. The terminologies entered in the data base were nursing and simulation. Selected studies were assessed for methodological quality; and narrative, descriptive or one group post-test studies were excluded from the analysis. Ed. Notes: Please review for accuracy. I have suggested the edit to the best of my understanding. Finally, 234 studies were included for investigation. Results included studies of nursing simulation intervention in Korea, commencing from 2008. One group pre-post test and two group post test were more designed in journals comparing to master thesis or doctoral dissertation. Clinical practice was the most frequently studied aspect by both the assessor and student in the two groups' pre-post test design. Nursing competences associated with dependent variables during simulation were integrated skills, critical thinking, communication, cooperation, professional recognition and leadership. The two groups pre-post design explored more varied competences as compared to other designs. Considering the results obtained, we conclude that simulation intervention is an effective teaching method for nursing students to help improve their clinical practice. However, further studies are required to assess the impact of critical thinking and problem solving.

Constitutional Protection for the Secrecy of Wire Communication and Freedom of News Reporting on Public Affairs (공적 인물의 통신비밀보호와 공적 관심사에 대한 언론보도의 자유: '안기부 X파일' 사건에 대한 서울고법 2006노1725판결을 중심으로)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.38
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    • pp.211-244
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    • 2007
  • Article 17 and 18 of the Korean Constitution respectively prescribe the violation of individual's right to privacy and the secrecy of wire communication. Meanwhile, Article 20 of the Criminal Code provides that an act which is conducted within the ambit of laws or pursuant to accepted business practices or which does not violate the social norms shall not be punishable. In 1999, the Constitutional Court held that media reports on public matters of public figures must be given strong constitutional protection, and treated differently from reports on private matters of private figures. In accordance with the decision, the Supreme Court has expanded the scope of constitutional guarantee of freedom of expression since 2002. This study analyzes the issue of media liability for publication of illegally intercepted wire communication by a third person. Particularly, it reviews Seoul High Court's ruling on 'X-file scandal' which disclosed intercepted wire communications between notable public figures regarding a slush fund for a presidential candidate. In the light of this analysis, the study concludes that the media reporting of the intercepted communication does not violate social norms of Article 20, and therefore it is entitled to a constitutional privilege.

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A Study on the Operational Way of Freight Forwarding Company: Focusing on Residental Moving Company (화물운송주선업체의 운영방안에 관한 연구 - 이사화물운송주선업체를 중심으로 -)

  • Moon, Jong-Ryoung;Jung, Hyun-Jae;Lee, Tae-Hwee;Kim, Young-Hwan;Yeo, Gi-Tae
    • Journal of Korea Port Economic Association
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    • v.26 no.3
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    • pp.221-239
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    • 2010
  • This study aims to provide solutions concerned with to residential moving companies about their operational problems. In order to shed light on these problem, factor analysis and fuzzy AHP method are adopted. Selected factors are low quality of workers and equipments, weak condition of business, policy and form of a contract, and excessive competition. The results of survey show that excessive competition is the most urgent problem compared with other problems. In the twelve-measured variables, The problem of non-certificated firms, low service quality caused by excessive competition, and claims caused by lack of service instruction are chosen as the urgent matters. As a result of the analyses, the study would propose policy directions how to solve these problems. Firstly, the government should make the legal basis of operating the industry because there is too competitive in the field. Secondly, the government should regulate firms which have not a certificate because they are the cause of low service quality in the field. Thirdly, in order to improve the service quality, the study would suggest that the managers should instruct the workers of residential moving companies. Lastly, the paper would suggest that customers check the certificate of the firm allowed by the government authorities.

A Legal Study On Expert Opinion of Medical Records and the Judgment - Focus on Medical Civil Liability - (진료기록감정 및 그 판단에 대한 법적 고찰 - 의료민사책임을 중심으로 -)

  • Baek, Kyoung-hee
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.83-107
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    • 2019
  • In order to resolve a dispute over a medical accident, the court is in the process of appraising the medical records for medical professionals to report their medical expertise or judgments using that knowledge. The consequences of expert opinion about a medical accident are only one of the methods of evidence as a reference. Therefore, in principle, the court should not be bound to the results, but the court, which is not a medical expert, can not completely rule out medical expert opinion as to whether there is medical malpractice and causality. Therefore, it can not be denied that the proportion of expert opinion of medical records in the dispute about medical accidents is high and it has an important influence on the judgement of the court. In this paper, we examine the significance and function of expert opinion of the medical accident, examine the appraising procedure of the medical records in the court and the appraising procedure of the medical accidents of the Korean medical dispute mediation arbitrator do. In addition, I would like to examine what kind of attitude is being taken in response to expert opinion of medical records in Korea to court, to examine the implications of the case of Japan as a foreign system, and to suggest improvement points in the expert opinion procedure of medical record filing in Korea. In particular, I would like to suggest improvements on issues such as the fairness of the expert opinion of medical records and the delays in litigation due to delays in the process of expert opinion.

Regarding Issues on the Lawsuit of Medical Malpractice in the Implant Procedure -Focusing on the contract's legal character and the mitigation of burden of proof- (임플란트 시술상 의료과오의 소송상 쟁점에 관하여 -계약의 법적성격 및 입증책임 완화를 중심으로-)

  • Han, Taeil
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.143-163
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    • 2018
  • Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.

A Study on the Liability of Information Protection for the Third Party Supply of Personal Information/Focus on Fintech Companies Using OPEN APIs (개인정보의 제3자 제공시 정보보호 관련 법상 책임에 관한 연구/OPEN API 이용 핀테크 기업을 중심으로)

  • Kim, Jo-eun;Kim, In-seok
    • The Journal of Society for e-Business Studies
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    • v.22 no.4
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    • pp.21-38
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    • 2017
  • It is actively opening the market to fintech companies through open platforms, such as financial institutions and public institutions. In this thesis, we will look at the conceptual differences between the "provision of third-party information" and "entrustment" of information protection related laws, such as the Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Data Protection Etc (Network Utilization Protection Act). In addition, the legal obligation to provide information regarding the legal rights of information is considered to be relevant, whereas the legal obligation of the private information provided by the company is excessively mitigated, whereas the legal obligation of the company to provide information is excessively mitigated. In addition, I suggest self-diagnosis checklist to help fintech companies improve their privacy levels. It was found that the level of information protection was relatively insufficient compared to the consignees based on the results of a survey conducted for 31 fintech companies. Aggressive use of the checklist is suggested to raise the level of information protection for those companies.

A Study on the Utilization of Private Security for Preventing School Violence (학교폭력 예방을 위한 민간경비의 활용방안)

  • Jung, Eui-Lom
    • Korean Security Journal
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    • no.39
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    • pp.387-411
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    • 2014
  • School violence is now considered not only as a problem for a victim and a offender themselves, but also as a social problem that requires responsibilities of school, home, society, and even nation. Crimes and risk factors are various inside and outside of school. In terms of solving those problems, this study examines the actual condition of school violence among students. In addition, it is considered what efforts are conducted by police to establish a safe school environment and the problems that derive from it. Futhermore, this study aims to discuss the ways of using the private security with regard to dealing with school violence. In this society, the expectation of security service from the police is increased as time passed. However, police has limited resources, thus it is beyond their practice. Policing has changed from being monopolized by government to cooperating with various security agents. Community is not considered as the subject for enforcing the law anymore, but as the cooperator for effective policing. With regard to the limitation of police force, using the private security is an effective alternative. Therefore, it is required that private security should be assigned legal authority and shared information with schools in order to patrol the blind spot. Finally, school violence prevention efforts should be conducted by applying physical and electronic security.

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Objectives and Strategies of Government Health Promotion Policy (정부의 건강증진사업 목표 및 추진방향)

  • Lee, Jong-Gu
    • Proceedings of The Korean Society of Health Promotion Conference
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    • 2005.09a
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    • pp.3-32
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    • 2005
  • 정부의 건강증진사업은 국민의 건강수명 연장과 삶의 질 향상에 궁극적인 목적이 있다. 이는 건강 지지적인 환경을 조성하고 질병을 예방${\cdot}$관리하며 평생 건강서비스를 제공하고 건강한 생활양식을 형성하도록 함으로써 달성될 수 있는 것이다. 건강증진사업을 위한 기반으로 연구와 개발 강화, 법과 규칙의 조정, 기금과 인력과 같은 자원 확보는 필수적이다. 정부의 건강증진전략은 첫째 자원할당의 우선순위를 확보하는 것으로 건강증진, 질병 및 손상의 예방, 재활관련 사업에 더욱 많은 자원을 할당하는 것이며, 둘째로 국가차원의 건강증진 프로그램을 개발하여 실행하는 것이다. 포괄적인 생애주기별 건강증진 프로그램(건강증진종합계획)과 모아보건, 학교보건, 산업보건, 그리고 만성질환예방프로그램 등이 포함된 포괄적인 프로그램을 개발하여 실행하는 것이다. 셋째로, 건강증진기금을 공공보건을 위한 하부기반과 건강증진 프로그램에 투자함으로써 사업의 하부기반을 정비하는 것이다. 건강증진사업을 위한 하부기반으로는 정책과 위임사항을 들 수 있는데, 국민건강증진법과 국민건강증진종합계획, 2005년 6월에 서울시 의회를 통과한 건강도시추진위원회를 들 수 있다. 정부의 건강증진사업의 법적 기반은 1995년에 제정된 국민건강증진법이다. 국민건강증진법은 국민들이 건강에 대한 가치를 인식하고 책임의식을 함양하며, 올바른 건강지식을 갖고, 국민들이 건강한 생활양식을 실천할 수 있는 환경 조성을 목적으로 하고 있다. 건강증진사업은 대중을 위한 보건교육과 건강상담, 영양관리, 구강보건관리, 질병의 조기발견과 치료를 위한 건강검진, 지역사회 건강문제에 관한 조사와 연구, 담배소비 감소와 건강증진부담금 부과를 통한 국민건강상태의 향상을 위한 사업이다. 훈련과정으로는 보건복지부에서 2005년부터 수행하고 있는 시와 지역을 위한 현장관리 프로그램과 서울시가 수행예정인 지역수준의 지도자 훈련과정이 있다. 건강증진사업의 원활한 진행을 위한 기금조성은 건강증진기금이 담배세로부터 조성되고 있으며 2004년 12월 31일 현재 담배 한 갑 당 500원으로 인상되어 부과되고 있다. 기금의 관리와 운용은 보건복지부가 담당하며, 기금은 건강한 생활양식형성에 대한 지원활동, 국민을 위한 보건교육과 교육자료 개발, 건강증진과 만성질환에 대한 연구, 질병의 조기발견을 위한 건강검진, 구강보건관리활동에 사용되고 있다. 향후 건강증진사업 투자계획은 1단계 (98-02년)에는 사업기반조성기, 2단계(03-06년) 보건소사업발전기, 3단계(07-11년)통합사업정착기로 구성되고 2단계의 인프라구축에 사용될 투자 비율은 30%에서 3단계에 15%로 감소될 예정이며, 사업실행 영역은 50%에서 65%로 확대될 계획이다. 2005년 건강증진사업의 중점목표는 건강증진사업의 지방 분산화, 건강증진사업의 근거마련, 사회적 형평성의 달성에 있다. 건강증진사업의 지방분산화를 위해서는 중앙에 관리센터가 설치되어 기획과 평가, 연구와 개발, 현장관리 훈련을 담당하게 되고, 지역관리센터에서는 자치적인 보건소 중심 건강증진사업의 수행과 평가를 진행하게 된다. 건강증진사업의 근거마련을 위해서 효과가 입증된 사업에 우선순위를 두며, 기획과 평가위원회를 설치하고, 건강증진사업의 평가결과를 환류 할 수 있는 체계를 마련하는 것이다. 또한 건강증진포럼을 구성하며 현 건강조사 체계를 수정한다. 한편 형평성 제고의 측면에서는 저소득층, 노인, 장애인들과 같은 취약계층의 건강상태 향상을 위한 중앙정부와 지방자치단체의 역할을 강화하고, 지역간${\cdot}$사회적 집단 간의 건강증진사업관련 형평성을 제고한다.

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A Study on the important issues of Documents Examination in the L/C Transactions (신용장거래에서 서류심사의 중요 논의에 관한 재 고찰)

  • Kim, Yong-Il
    • International Commerce and Information Review
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    • v.15 no.4
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    • pp.241-265
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    • 2013
  • The purpose of this paper is to examine the Banks's Examination of Documents in the L/C Transactions. Most of all, this article deals with one of most important aspects of the law on documentary credits, namely, the compliance of documents presented with the terms and conditions of a letter of credit. In addition, the general principles of strict compliance will be considered and in the next, the requirements of specific documents such as invoices, transport documents and insurance policies. This area of letter of credit law is shaped not only by judge-made decisions but also the articles of Uniform Customs and Practice for Documentary Credits, the International Standard Banking Practice(ISBP Publication No.745) prepared by the Banking Committee of the International Chamber of Commerce as well as the position papers and opinions of the latter. Whether a document complies with the terms of a letter of credit is essentially a matter of examination and construction of the document in question against the terms of the letter of credit under which it is presented, articles of the UCP, ISBP as well as the opinions and statements of the Banking Committee. Most of all this article was focused on provisions of UCP600. Comparison with provisions of UCP500 have been drawn where appropriate.

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Evaluating MRV Potentials based on Satellite Image in UN-REDD Opportunity Cost Estimation: A Case Study for Mt. Geum-gang of North Korea (UN-REDD 기회비용 산정에서 위성영상 기반의 MRV 여건평가: 금강산을 사례로)

  • Joo, Seung-Min;Um, Jung-Sup
    • Spatial Information Research
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    • v.22 no.3
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    • pp.47-58
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    • 2014
  • The credible measurement, reporting and verification (MRV) is among the most critical elements in UN-REDD (United Nations programme on Reducing Emissions from Deforestation and forest Degradation in Developing Countries). This study is intended to explore MRV potential in terms of UN-REDD opportunity cost estimation using satellite image for Mt. Geum-gang of North Korea. A visual interpretation were conducted to evaluate MRV conditions by sub-dividing or decomposing the images with different pixel size into a three types of hierarchical tree structure that helps dealing with spatial variability within each subarea. The permanent record of standard satellite remote sensing system demonstrated its capability of presenting area-wide visual evidences of MRV conditions in Mt. Geum-gang (such as the identification of forested area, degradation trends for forest space, three types of hierarchical land-cover and land use tree structure, carbon density in the landscape). Satellite data could be accepted as legally binding proof when it comes to REDD opportunity cost estimation since several cases exist where remote sensing has been used as legal evidence in ICJ (International Court of Justice) and UN resolution. It doesn't seem very difficult to comply with MRV requirements for UN-REDD opportunity cost calculation due to the probative value of satellite data. It is anticipated that this research output could be used as a valuable reference for Korea-based enterprises exploring REDD project sites and the carbon traders to ensure MRV potentials using satellite image in UN-REDD Opportunity Cost estimation.