• Title/Summary/Keyword: 사건예방

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Legal and Institutional Outcomes from the 10-year Struggle against Occupational Diseases of Semiconductor workers (반도체 직업병 10년 투쟁의 법·제도적 성과와 과제)

  • Lim, Jawoon
    • Journal of Science and Technology Studies
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    • v.18 no.1
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    • pp.5-62
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    • 2018
  • Over the last 10 years, the fight against occupational diseases of semiconductor workers led by SHARPS(the Supporters for the Health And Rights of People in the Semiconductor industry, NGO) has accomplished considerable achievements, especially in the legal and institutional aspects. First, the court and the government accepted the claims that 24 injured workers respectively filed, recognizing their 10 types of diseases as occupational illness. The court not only expanded the list of work places and diseases that it recognized, but also presented more progressive logic of recognition. The most remarkable achievement among them is the case ruled by the Supreme court in July, 2017. In terms of 'worker's right to know', which is the most important factor in preventing occupational diseases, there have been significant legislative bills, court rulings and government guidelines. The revised bill of the Industrial Safety and Health Act to strengthen workers' rights to know and to introduce the pre-review system on trade secret is currently under review by the National Assembly. The court recently ruled that the government should disclose its inspection results on safety and health management at semiconductor factories. The ministry of labor has drawn up internal guidelines to more actively open its safety and health data to public. This study looks over recent developments in such rulings, bills and guidelines and then, analyzes their implications, laying the groundwork for future actions for worker health in the electronic industry.

Research Cases of the United States Concerning Arbitration of Intellectual Property Disputes (지적재산분쟁의 중재에 대한 미국 케이스에 관한 연구)

  • Chang, Byung Youn
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.93-118
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    • 2012
  • 본 연구는 지적재산분쟁의 중재에 대한 미국 케이스에 관한 연구입니다. 본 연구의 목적은 한국의 지적재산분쟁의 중재에 대한 추후 연구와 가까운 장래에 비교연구를 위해서 지적재산에 관련된 케이스들에 관하여 미국의 연구들을 논하는데 있습니다. 본 연구에서 지적재산 관련 사건들의 중재에 관한 미국케이스들을 채택하였습니다. 그리고 본 연구의 목적 달성과 효과적인 연구를 성취하기 위해 그 케이스들을 인용하였습니다. 그러므로, 본 연구의 구성은 특히, 라이센싱분쟁의 중재, 특허분쟁의 중재, 저작권분쟁의 중재를 위하여 지적재산분야와 중재 분야에 있는 케이스로 이루어져 있습니다. 중재조항은 분쟁에 관해 누가 결정할 것인가 그리고 분쟁이 중재 가능한가 아닌가에 관하여 법원에서 중재적격 문제들을 분석할때에 계약 원칙을 적용하게 됩니다. 일반적으로, 중재적격의 의문은 사법적 분야의 질문에 관한 것 입니다. 그러나, 중재조항이 분명하고, 명백하고, 오해없는 문구들인 곳에서 법원은 연방 중재법이 중재조항과 중재범위를 포함하고 있기 때문에 중재를 존중합니다. 그러므로, 저런 경우에 중재인은 중재적격을 판단 할 수 있습니다. 그러나, 미국에서 법원은 어떤 케이스들은 ICC 룰로 구속되어지고 그리고 다른 케이스들은 AAA 룰로 구속 되어지는 것을 발견했습니다. 어떤 룰이던지 간에 중재조항은 주의깊게 만들어야만 하고 그리고 분명하고 명백한 구문을 제공하여야만 한다는 것을 법원에 의해 요구되어지고 있습니다. 본 연구에서 발견한 점들은, 라이센싱분쟁의 중재에 있어서, 중재합의의 범위가 광범위 또는 제한적일지라도 양 당사자의 중재조항을 위해 계약에서 분명하고 명확한 문구를 만드는 것이 중요합니다. 이것은 우리에게 계약의 원칙이 분쟁에서 적용 되어지고 있다는 것을 보여 주고 있습니다. 그래서, 중재조항의 조문은 법원이나 중재인에게 논쟁 또는 오역이 없게 확실하고 분명하게 명시하여야 합니다. 특허분쟁의 중재에 있어서, 대부분 법원들은 케이스들을 분석할때에 광범위한 중재조항에 따라오고 있습니다. 중재적격 결정의 테스트로서 계약에서 "arising under" or "relating to" 구절은 ADR을 위해 그리고 분쟁의 예방을 위해 중재가 광범위한 문구를 포함하고 있는가 아닌가를 보는데 중요합니다. 더구나, 특허 또는 특허관련 권리들 하에서, 중재는 연방중재법에 의해 지배되기 때문에 계약은 특허 유효성 또는 침해 문제들이 중재를 통한 분쟁을 해결하도록 하나의 문구를 포함해도 됩니다. 그러므로, 이 분석은 미국의 케이스들을 비교한 결과로서, 한국중재법도 또한 모든 필요한 조문들이 그것들이 광범위하건 제한된 범위이건 간에 모호한 이슈들을 피하기 위해 분명하고 오해없는 문구들이여야 한다는 것을 제시합니다. 지적재산분쟁의 중재에 있어서, 케이스에 근거하여 발견한 점들은 저작권법을 포함한 광범위한 중재조항이 있는 경우 저작권의 유효성은 법원이 독점할 수 없다고 법원은 판단했습니다. 그리고 연방중재법은 법원이 청구취지가 중재가능한 클레임들에(arbitrable claims) 관하여 중재를 강요하도록 지원하고 있습니다. 이것은 저작권 케이스일지라도 계약에 있어서 중재조항이 법원이 중재를 강요하도록 중재가능한가 아닌가 결정하는데 분쟁에 있어 중요한 역학을 한다는 것을 제시합니다. 그러므로, 본 연구는 계약에서 광범위한 중재조항은 중재인이 지적재산 클레임에 대해 판정 또는 룰을 결정하게 허용한다는 것을 발견했습니다. 본 연구의 결과들은 계약에 있어 중재의 범위는 계약의 원칙을 적용한다는 것입니다. 그리고 중재조항에 있어서 침해와 유효성 문제들의 결정은 계약 해석에 관련되어 있다는 것을 제시합니다. 그러므로, 양 당사자가 분명하고 명확하게 달리 결정하지 않았다면, 양 당사자가 중재에 대해 동의했는가 아닌가의 의문점은 법원에 의해 결정되어지는 것입니다. 이것은 분명하고 명확한 문구가 중재조항에 존재하지 않는다면 중재인에 의해 결정되지 않는다는 것을 뜻합니다. 중재조항은 명백하게 중재인에게 결정의 권한을 주어야만 한다는 것입니다.

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A Study on Occupational Reminiscence Therapy(ORT) Program for the Elderly with Mild Cognitive Impairment(MCI) in Local Community (지역사회 경도인지장애 노인의 작업회상치료 프로그램의 효과)

  • Cha, Yu-Jin
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.8
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    • pp.605-614
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    • 2016
  • This study was conducted to apply occupational reminiscence therapy (ORT) to the elderly diagnosed with mild cognitive impairment (MCI) who reside in the local community and determine its effects on cognitive functions, physical health, communication and interaction skills, and depression. The participants were elderly diagnosed with MCI who visited YW community health center on a regular basis and were randomly divided into an experimental group and a control group. The experimental group received eight one hour sessions of ORT once a week. Individual interviews were then conducted with the participants to determine if an event or activity had been commonly experienced, after which the program was modified and supplemented as necessary by referring to previous programs. The Content Validity Index (CVI) was calculated, and differences before and after ORT's were identified by paired t-tests. Moreover, the Mann-Whitney U-test was conducted to identify differences in variances between groups. Only participants in the experimental group (n=9) reported significant improvements in cognitive function, physical health status, communication and interaction skills, and depression when compared to those in the control group (n=9). Therefore, it is expected that ORT will be actively used as a non-pharmacological intervention for preventing dementia and improving the health of elderly persons with MCI.

Hotspot Analysis of Urban Crime Using Space-Time Scan Statistics (시공간검정통계량을 이용한 도시범죄의 핫스팟분석)

  • Jeong, Kyeong-Seok;Moon, Tae-Heon;Jeong, Jae-Hee
    • Journal of the Korean Association of Geographic Information Studies
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    • v.13 no.3
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    • pp.14-28
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    • 2010
  • The aim of this study is to investigate crime hotspot areas using the spatio-temporal cluster analysis which is possible to search simultaneously time range as well as space range as an alternative method of existing hotspot analysis only identifying crime occurrence distribution patterns in urban area. As for research method, first, crime data were collected from criminal registers provided by official police authority in M city, Gyeongnam and crime occurrence patterns were drafted on a map by using Geographic Information Systems(GIS). Second, by utilizing Ripley K-function and Space-Time Scan Statistics analysis, the spatio-temporal distribution of crime was examined. The results showed that the risk of crime was significantly clustered at relatively few places and the spatio-temporal clustered areas of crime were different from those predicted by existing spatial hotspot analysis such as kernel density analysis and k-means clustering analysis. Finally, it is expected that the results of this study can be not only utilized as a valuable reference data for establishing urban planning and crime prevention through environmental design(CPTED), but also made available for the allocation of police resources and the improvement of public security services.

A Study on the Necessity of Establishing the National Cyber Security Act through a Comparative Legal Analysis (국내 관련 법과 비교 분석을 통한 국가사이버안보법안의 제정 필요성 연구)

  • Kim, Sung-Hyun;Lee, Chang-Moo
    • Korean Security Journal
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    • no.54
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    • pp.9-35
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    • 2018
  • During the recent years, cyber attacks have been increasing both in the private sector and the government. Those include the DDOS cases in 2009, the Blue House cyber attack, bank hackings etc. Cyber threats are becoming increasingly serious. However, there is no basic law related to cyber security at present, and regulations related to cyber security are scattered in various domestic laws. This can lead to confusion in the application of the law and difficult to grasp the regulations related to cyber security. In order to overcome this situation, the bill on the prevention and countermeasures against cyber crisis was initiated in 2006, but it has been abrogated. Since then, it has been repeatedly proposed, but it has been abrogated repeatedly due to the overlapping of existing laws and concerns about infringement of personal information. The most recent initiative was the National Cyber Security Act, which was initiated by the government in January 2017. The act focuses on resolving the absence of a basic law related to cyber security, strengthening its responsiveness in the event of a cyber security crisis, and fostering security strength. Therefore, this study seeks to contribute to the establishment of National Cyber Security legislation as a basic law of cyber security by examining the necessity of National Cyber Security legislation through comparative legal analysis with existing domestic laws related to cyber security and suggesting policy implications.

Dispute Issues and Improvement of Inter-layer Joints in Apartment Houses (공동주택 층간이음부의 분쟁 쟁점 및 개선 방안)

  • Bang, Hong-Soon;Bae, In-ho;Kim, Ok-Kyue
    • Journal of the Korea Institute of Building Construction
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    • v.21 no.2
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    • pp.129-139
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    • 2021
  • Recent rise in the supply rate of new public apartment houses leads to an increasement in disputes regarding the construction quality of the apartments between the residents and the construction companies. According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found; and 3) the fact that the court grants generous compensation for disputes concerning the apartment houses. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.

Effect of Blood Donation on the Donor's Hemorheological Properties (헌혈이 헌혈자의 혈유변학적 지표에 미치는 영향)

  • Lee, Byoung Kwon
    • The Korean Journal of Blood Transfusion
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    • v.29 no.3
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    • pp.229-239
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    • 2018
  • The circulatory system is closely related to the inter-relationship between the anatomy of the heart and blood vessels, and the fluid dynamic properties of blood. The physical properties of blood, which affect blood flow, are called hemorheologic factors. Hemorheologic factors, such as blood viscosity and erythrocyte aggregation, are influenced mainly by hematocrit. A higher hematocrit level results in an increase in blood viscosity, erythrocyte aggregation, which impedes the circulation itself, and tissue oxygenation. An excess of serum ferritin causes injury to vascular endothelial cells and erythrocytes via oxygen free radicals. In addition, an excess of blood can aggravatee the adverse effects of the hemorheologic parameters and induce atherogenesis, microcirculatory disturbances, and major cardiovascular events. A preventive and therapeutic approach with a phlebotomy or blood donation has been stimulated by the knowledge that blood loss, such as regular donations, is associated with significant decreases in key hemorheologic variables, including blood viscosity, erythrocyte aggregation, hematocrit, and fibrinogen. Major cardiovascular events have been improved in regular blood donors by improving blood flow and microcirculation by decreasing the level of oxidative stress, improving the hemorheologic parameters, and reducing the serum ferritin level. Confirmation of the positive preventive and therapeutic effects of blood donations on cardiovascular disease by a well-designed and well-controlled Cohort study may be good news to patients with cardiovascular disease or at risk of these diseases, as well as patients who require a transfusion.

Analyzing Health Information Technology and Electronic Medical Record System-Related Patient Safety Incidents Using Data from the Korea Patient Safety Reporting and Learning System (환자안전보고학습시스템 자료를 활용한 의료정보기술 및 전자의무기록시스템 관련 환자안전사건 분석)

  • Cho, Dan Bi;Lee, Yu-Ra;Lee, Won;Lee, Eu Sun;Lee, Jae-Ho
    • Quality Improvement in Health Care
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    • v.27 no.2
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    • pp.57-72
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    • 2021
  • Purpose: At present, there are a variety of serious patient safety incidents related to problems in health information technology (HIT), specifically involving electronic medical records (EMRs). This emphasizes the need for an enhanced electronic medical record system (EMRS). As such, this study analyzed both the nature of and potential to prevent incidents associated with HIT/EMRS based on data from the Korea Patient Safety Reporting and Learning System (KOPS). Methods: This study analyzed patient safety incidents submitted to KOPS between August 2016 and December 2019. HIT keywords were used to extract HIT/EMRS incidents. Each case was reviewed to confirm whether the contributing factors were related to HIT/EMRS (HIT/EMRS-related incidents) and if the incident could have been prevented (HIT/EMRS-preventable incidents). The selected reports were summarized for general clarity (e.g., incident type, and degree of harm). Results: Of the 25,515 obtained reports, 2,664 incidents (10.4%) were HIT-related, while 2,525 (9.9%) were EMRS-related. HIT/EMRS-related incidents were the third largest type of incident followed by 'fall' and 'medication incidents.' More than 80% of HIT/EMRS-related incidents were medication-related, accounting for approximately one-third of the total number of medication incidents. Approximately 10% of HIT/EMRS-related incidents resulted in patient harm, with more than 94% of these deemed as preventable; further, sentinel events were wholly preventable. Conclusion: This study provides basic data for improving EMR use/safety standards based on real-world patient safety incidents. Such improvements entail the establishment of long-term plans, research, and incident analysis, thus ensuring a safe healthcare environment for patients and healthcare providers.

A Study on the Types of Crime and Scalability in Metaverse (메타버스 내 범죄발생 유형과 확장성에 관한 연구)

  • Song, HyeJin;Nam, Wanwoo
    • Journal of the Society of Disaster Information
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    • v.18 no.1
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    • pp.218-227
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    • 2022
  • Purpose: In the case of cavity discovered by ground penetrating radar exploration, it is necessary to accurately predict the filling amount in the cavity in advance, fill the cavity sufficiently and exert strength to ensure stability and prevent ground subsidence. Method: The cavity waveform analysis method by GPR exploration and the method using the cavity shape imaging equipment were performed to measure the cavity shape with irregular size and shape of the actual cavity, and the amount of cavity filling of the injection material was calculated during rapid restoration. Result: The expected filling amount was presented by analyzing the correlation between the cavity size and the filling amount of injection material according to the cavity scale and soil depth through the method by GPR exploration and the cavity scale calculation using the cavity shaping equipment. Conclusion: The cavity scale measured by the cavity imaging equipment was found to be in the range of 20% to 40% of the cavity scale by GPR exploration. In addition, the filling amount of injection material compared to the cavity scale predicted by GPR exploration was in the range of about 60% to 140%, and the filling amount of the injection material compared to the cavity size by the cavity shaping equipment was confirmed to be about 260% to 320 Purpose: The purpose of this study is to examine the types of crimes taking place in the metaverse, and to establish a crime prevention strategy and find a legal deterrent against it. Method: In order to classify crime types in the metaverse, crime types were analyzed based on the results of previous studies and current incidents. Result: Most of the crimes taking place in the metaverse are done in games such as Roblox or Zeppetto. Most of the game users were teenagers. Looking at the types, there are many teens for sexual crimes, violent crimes, and defamation, but professional criminals are often included in copyright infringement, money laundering using virtual currency, and fraud. Conclusion: Since the types of crimes in the metaverse are diverse, various institutional supplementary mechanisms such as establishment of police crime prevention strategies, legal regulations, and law revisions will have to be prepared.

Differences in Health Status-related Characteristics Before and After Falls in Adult Hospitalized Patients (성인 입원 환자의 낙상전후 건강상태 관련 특성의 차이)

  • Kim, Myo-Youn;Lee, Mi-Joon;So, Hye-Eun;Youn, Byoung-Sun
    • Journal of Industrial Convergence
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    • v.20 no.10
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    • pp.51-59
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    • 2022
  • This study aims to investigate the changes in health status of inpatients before and after a fall accident, and it is a retrospective study using data from 328 inpatients who fell from January 1, 2016 to December 31, 2020, reported to the patient safety reporting system. The average age of the study subjects was 68.57(±14.13), and those in their 70s accounted for the most at 30.49%. Falls occurred on average 13.86(±25.03) days after hospitalization, and the time when the most falls occurred was between 22:30 and 06:59 with 42.99%. Before and after a fall during hospitalization, bowel problems (x2=314.0, p<.001), urination problems (x2=284.0, p<.001), intravenous fluid therapy (x2=85.16, p<.001), and walking (x2=69.77. p<.001), bedridden state (x2=51.60, p< .001), mental state and performance (x2=17.52, p<.001) patient's attitude (x2=220.17, p<.001), there was a statistically significant difference. It is necessary to develop an appropriate method and education program for fall prevention in hospital by considering the individual characteristics of inpatient.