• Title/Summary/Keyword: 법적 쟁점

Search Result 155, Processing Time 0.025 seconds

Legal Issues To Be Considered Before Implementing Telehealth in South Korea (원격진료 실시에 수반되는 법적 쟁점들에 대한 고찰)

  • Lee, Won Bok
    • The Korean Society of Law and Medicine
    • /
    • v.22 no.1
    • /
    • pp.57-90
    • /
    • 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.

A Study on Issues and Tasks of Humanity and Social Science in a Fourth Industrial Revolution Era (제4차 산업혁명시대 인문사회학적 쟁점과 과제에 관한 연구)

  • Kim, Jin-Young;Heo, Wan-Gyu
    • Journal of Digital Convergence
    • /
    • v.16 no.11
    • /
    • pp.137-147
    • /
    • 2018
  • To prepare for and implement policies for the Fourth Industrial Revolution, which is characterized by convergence, super-connectivity, and AI, this study summarized the effects and characteristics of individual technologies on our society and discussed the issues with humanity and social science perspectives. As a result, in terms of AI technology, the issues of job losses, project-type works, basic income and robot taxes, accountability of AI, and algorithm inequality were dealt with. Security, cyber hacking and privacy infringement issues were highlighted in big-data technology. In the part of block-chain and bioengineering, the society of decentralization, the concentration, digital divide, and ethical issues were discussed. On-demand economic aspects highlighted the problems of civil ethics and human commercialization. Lastly, the development of VR is discussed including side effects such as cyber-syndrom, avoidance of reality, and so on.

Judges' Perception of Public Opinion: Comparing Grounded Theory and Topic Modeling in Analyzing Focused Group Interview with Judges (사회여론에 대한 법관의 인식: 법관 대상 FGI에 대한 근거이론 분석과 토픽 모델링 비교)

  • Gahng, Taegyung
    • Korean Journal of Forensic Psychology
    • /
    • v.13 no.1
    • /
    • pp.23-52
    • /
    • 2022
  • In this study, focused group interviews with 24 incumbent judges were conducted on how they conceptualize public opinion and what attitude they take toward it in relation to judicial trials. The contents of the interviews were analyzed through grounded theory and topic modeling (STM). According to the grounded theory results, judges distinguished concepts such as social rules, socially accepted ideas, legal emotion, and public mood from public opinion, and subdivided public opinion into temporary and emotional reactions to specific legal cases and consistent attitudes toward law and policies. In addition, it was found that judges' attitudes toward public opinion and social norms differed depending on the type of cases or legal issues. Topic modeling results significantly corresponded to the grounded theory results. In this model, the effects of the types of cases dedicated to participants on topical prevalence were statistically significant.

Analysis on the Legal Impacts of Sea-Level Rise for the Application of the UN Convention on the Law of the Sea (해수면 상승이 유엔해양법협약 적용에 미치는 영향 분석)

  • Yong Hee Lee
    • Journal of the Korean Society of Marine Environment & Safety
    • /
    • v.29 no.2
    • /
    • pp.147-159
    • /
    • 2023
  • Sea level rise due to climate change is an increasing concern for the international community, and especially for coastal States. In case of regression of the coastal line or inundations of maritime features, including islands, the questions of whether coastal States are under an obligation to redraw their baseline and the outer limits of their maritime jurisdiction and of whether the existing maritime boundary treaties should be terminated are raised. This article reviews the arguments raised by the Small Island Developing States, International Law Association, and International Law Commission and suggests a solution within the current legal framework of the Law of the Sea through an interpretation of the existing provisions of the UNCLOS focusing on the legal issues relating to the Law of the Sea.

Legal Issues for the Implementation of Non-Face-to-Face Treatment (비대면진료 실행을 위한 법적 쟁점)

  • Kwon, Ohtak
    • The Korean Society of Law and Medicine
    • /
    • v.23 no.3
    • /
    • pp.47-87
    • /
    • 2022
  • Due to the COVID-19 pandemic, non-face-to-face treatment was temporarily permitted. A lot of consensus has been formed on the need to continuous non-face-to-face treatment. However, the current 「Medical Service Act」 only permits telemedicine between doctors and medical personnel. On the other hand, as a result of legal interpretation, there is an opinion that non-face-to-face treatment is allowed. But considering the overall legal system, non-face-to-face treatment is not allowed. Nevertheless, we have to consider the reality such as the development of science and technology and the outbreak of infectious diseases. Therefore, it is not advisable to allow face-to-face treatment only. Ultimately, it is necessary to find ways to ensure that non-foce-to-face treatment can be performed in a safe and effective manner. And it should be institutionalized. This is strategically necessary and important. Therefore, we must look over ahead legal issues to be discussed. First of all, the scope, the target disease and the subject of implement have to be clear. Also, structurally, the standards of facilities and equipment must be prepared for non-face-to-face treatment to be implemented. Functionally, communication and information exchange between doctors and patients should be well conducted. In addition, the information protection management system that occurs in the process of non-face-to-face treatment should be materialized. Lastly, the issue of responsibility and cost of non-face-to-face treatment should be decided in detail. When these problems materialize, it can be expected that a safe non-face-to-face treatment environment will be established.

E-book Lending Service in Public Libraries: Issues and Possible Countermeasures (공공도서관 전자책 서비스의 쟁점과 대응 방안)

  • Baek, Ji-Won
    • Journal of the Korean Society for Library and Information Science
    • /
    • v.48 no.3
    • /
    • pp.113-135
    • /
    • 2014
  • The purpose of this research is to investigate the current situation of national and international e-book ecosystem, reveal a conflict and suggest the improvement strategies regarding e-book lending service in public libraries. For this, an extensive research was conducted concerning overall e-book issues and reveled the criteria for each sectors. The relationship and different view between publishing and library sector were presented. Then, the five public library e-book lending principles, developed by foreign national or international library associations, were analyzed. The seven main principles were derived and mapped to the current practice of publishers. As a result, the possible countermeasures of the Korean public library were suggested, particularly in terms of the mission of public library, development a standardized lending model, and the revision of law.

An Analysis of Issues on Legislating Assistive Technology Act in Korea (보조공학 지원법 제정을 위한 쟁점 분석)

  • Yook, J.H.
    • Journal of rehabilitation welfare engineering & assistive technology
    • /
    • v.9 no.4
    • /
    • pp.251-256
    • /
    • 2015
  • The purpose of the study is to investigate the status of assistive technology delivery system and to analyze issues on legislating assistive technology act in Korea. Many laws in different departments include regulations of providing assistive technology devices, and their range and types in various delivery entities tend to expand. However, a nationwide assistive technology delivery system for all individuals with disabilities that considers balanced expenditure among departments is not established yet. Two laws proposed to solve the situation were introduced and discussed as the following. First of all, the terminology of assistive technology and various products supported by different laws and departments should be aggregated and connected. Secondly, a nationwide assistive technology delivery system for all individuals with disabilities are to be established, regardless of departments or laws for certain purposes. Thirdly, a quality control system of all assistive technology products including user monitoring system should be regulated.

  • PDF

Research on Utilization of AI in the Media Industry: Focusing on Social Consensus of Pros and Cons in the Journalism Sector (미디어 산업 AI 활용성에 관한 고찰 : 저널리즘 분야 적용의 주요 쟁점을 중심으로)

  • Jeonghyeon Han;Hajin Yoo;Minjun Kang;Hanjin Lee
    • The Journal of the Convergence on Culture Technology
    • /
    • v.10 no.3
    • /
    • pp.713-722
    • /
    • 2024
  • This study highlights the impact of Artificial Intelligence (AI) technology on journalism, discussing its utility and addressing major ethical concerns. Broadcasting companies and media institutions, such as the Bloomberg, Guardian, WSJ, WP, NYT, globally are utilizing AI for innovation in news production, data analysis, and content generation. Accordingly, the ecosystem of AI journalism will be analyzed in terms of scale, economic feasibility, diversity, and value enhancement of major media AI service types. Through the previous literature review, this study identifies key ethical and social issues in AI journalism as well. It aims to bridge societal and technological concerns by exploring mutual development directions for AI technology and the media industry. Additionally, it advocates for the necessity of integrated guidelines and advanced AI literacy through social consensus in addressing these issues.

A legal study on a Street Performance (거리 공연에 관한 공법적 고찰)

  • Lee, Jang-Hee
    • Journal of Legislation Research
    • /
    • no.55
    • /
    • pp.7-56
    • /
    • 2018
  • This paper deals with the legal meaning and issues of street performances. The key elements in the legal sense of street performances (or artistic performances) are 'public places' and 'artistic activities'. Therefore, as far as belongs to "artistic activities in public places", we can call them in principle as street performances regardless of its level of art, whether they are paid or not, size of performances or genre of artistic activities. Street performances are a way for anyone to freely participate and enjoy art by being performed on open places. In addition, street performances can be seen as more popular and democratic artistic acts than mainstream art culture in that anyone can become street performers. Although street performances are in vogue and becoming a universal cultural phenomenon, they do not appear to be legally organized yet. However, we don't have to strictly regulate street performances on the grounds that they are something different and special. Instead, they should let their street performances be freely performed and enjoyed in accordance with the constitutional law that guarantees the freedom of art or the freedom of artistic expression. Of course, it is necessary to modify the relevant laws on key issues raised regarding street performances. Finally, for street performances to be well established as cultural phenomenon, it should be harmonized that efforts to observe the law and orders by street performers, mature rituals and cultural tolerances of citizens who enjoy street performances, and efforts to realize the purpose of cultural countries and to promote street performances by governments.

Legal Status and Major Issue of Maritime Autonomous Surface Ships (MASS) in International Law (자율운항선박의 국제법 지위와 주요쟁점에 관한 연구)

  • Chun, Jung-soo;Park, Han-seon
    • Journal of the Korean Society of Marine Environment & Safety
    • /
    • v.27 no.2
    • /
    • pp.256-265
    • /
    • 2021
  • Ground, sea and air mobility, such as vehicles, ships, and airplanes, are generally operated by people. Based on the innovative development of autonomous decision-making systems and artificial intelligence (AI) following the recent fourth industrial revolution, research and development on maritime autonomous surface ships (MASS) is been actively performed around the world. Before the realization of the commercialization of MASS in international maritime transport, it is urgent to clarify the characteristics of this ship and its international legal status. This paper aims to analyze the concern of whether a ship without crew members will eventually be operated as a fully unmanned ship or can be recognized as a ship under international law as the number of crew members is gradually reduced owing to the development stage of autonomous ships. Consequently, based on the United Nations Convention on the Law of the Sea (UNCLOS) and the regulations of the International Maritime Organization (IMO), it was found that MASS has the same international legal status as general ships. In addition this paper presents the working principles of enacting and revising the IMO Conventions and international legal measures necessary for the safe operation of MASS.