• Title/Summary/Keyword: 선택할 권리

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Empirical Study on Cooperative Ship Operation and A Free Contract on the Towage Market (항만예선업시장의 공동배선제와 자유계약제에 대한 실증적 분석)

  • Kim, Kwang-Hee
    • Journal of Korea Port Economic Association
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    • v.25 no.3
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    • pp.67-92
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    • 2009
  • A tugboat (tug) is a boat that maneuvers vessels by pushing or towing them. Tugs move vessels that should not move themselves alone, such as ships in a crowded harbor or a narrow canal, or those that cannot move themselves, such as barges, disabled ships, or oil platforms. Tugboats are powerful for their size and strongly built, some are ocean-going. Historically tugboats were the first seagoing vessels to receive steam propulsion, freedom from the restraint of the wind, and capability of going in any direction. As such, they were employed in harbors to assist ships in docking and departure. Towage is in essence a service by one vessel to another vessel for a fixed remuneration. The most common reason for requiring this service is the lack of its own motive power. Conventionally, towage is defined as "the employment of one vessel to expedite the voyage of another, when nothing more is required than the accelerating of her progress". Apart from accelerating vessels, acquiring towage service is a common practice for towing barges, platform of drilling oil, floating ship yards, etc.

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A Study on Civil Liability as to Medical Practices Against the Premium Medical Treatment System (선택진료제를 위반한 의료행위의 민사책임에 관한 고찰)

  • Baek, Kyounghee;Chang, Yeonhwa;Lee, Injae;Park, Dohyun
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.227-251
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    • 2014
  • In current law, the premium medical treatment system gives patients the right of choice between normal medical treatment service and premium medical treatment service. Only the doctors having a career more than a certain period of time fixed in the law are eligible for providing the premium medical treatment service. So, the premium medical treatment system is highly related to the patients' right to know and the right of self-determination. The system is also relevant to the so-called 'economic explanation' notion because patients should pay additional fee when they want to use this system. Meanwhile, the situation as follows is problematic as to this system. Although a patient applied for using the premium medical treatment system and the patient also chose his or her own doctor specifically, another doctor who was not selected as premium doctor could make a medical accident. Then, is the another doctor liable for damages because the accident was a medical malpractice or a breach of medical contract? In this study, we are going to examine the problems related with the premium medical treatment system. First, we examine the current law related to the system. Second, we look into the economic explanation duty and its application to the premium medical treatment system. Finally, we examine a real judgment case about a medical practice against the premium medical treatment system and we propose our solution to this case.

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A Study on Labelling for GM foods under the WTO system: Focused on improvements for Korean GM food labelling (WTO체제에서 유전자변형식품의 표시제도에 관한 연구: 우리나라 GM식품 표기의 개선방안을 중심으로)

  • Yang, Jung-Mi
    • Korea Trade Review
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    • v.43 no.5
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    • pp.179-201
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    • 2018
  • Food labelling rules reflect the interaction of a number of factors such as industry needs for marketing flexibility and minimal regulations, consumer's rights to know what is in the product and public health concerns. However, food labelling rules could apply to international trade as non-tariff barriers so it is necessary to make multilateral harmonization of food labelling rules. For this, GATT XX, SPS, and TBT of the WTO can serve as jurisprudence in agreements. Lgnoring the safety problems of GM food, which is currently a worldwide issue, it is a situation that needs international harmonization of GM food labelling methods, harmonization of technical terms which are used in Korean law, and clear interpretation criteria for GM food labelling methods and contents are vital for sustainable trade in agricultural products. Therefore, this study proposes interpretation criteria through major trade countries' GM food labelling methods and an examination of Korean law. Furthermore, this study proposes international harmonization guidelines for GM food in the future.

A Study on the Implementation Level and Improvement of Incheon Strategy of Korea (한국의 인천전략 이행수준과 개선방안 연구)

  • Na, Woon Hwan
    • 재활복지
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    • v.21 no.2
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    • pp.1-27
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    • 2017
  • The purpose of this study is to evaluate the level of implementation of the Incheon Strategy and to develop measures for effective implementation. This research method used literature review and monitoring method. The results of the study are summarized as follows: First, 9 key indicators and 7 supplementary indicators, which are classified into implementation and non-implementation, 3 key indicators have been implemented, one indicator has been partially implemented, 5 indicators have not yet been implemented, Also, In the case of supplementary indicators, five were implemented and two were not. Second, the ten target areas are lacking in implementation, but the objective of 7 is to ensure the comprehensive disaster risk reduction and management, the ratification and implementation of the Convention on the Rights of Persons with Disabilities and the harmonization of the Convention with the domestic law, Also, it is analyzed that the level of implementation is in the order of improving the reliability and comparability of the data of goal 8, ensuring gender equality of goal 6 and strengthening the capacity of women. Based on these results, we propose an improvement plan for implementation. First, it is necessary to formulate policy issues and implement measures for the implementation of Incheon Strategy. Second, it is necessary to establish a system to implement and monitor for Incheon strategy. Third, Korean standards for goals and targets, key indicators and supplementary indicators are needed. Fourth, it is necessary to prioritize the target implementation and to take preemptive action. Lastly, it is necessary to educate and publicize for the Incheon strategy.

A Study on Legal Regulation of Neural Data and Neuro-rights (뇌신경 데이터의 법적 규율과 뇌신경권에 관한 소고)

  • Yang, Ji Hyun
    • The Korean Society of Law and Medicine
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    • v.21 no.3
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    • pp.145-178
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    • 2020
  • This paper examines discussions surrounding cognitive liberty, neuro-privacy, and mental integrity from the perspective of Neuro-rights. The right to control one's neurological data entails self-determination of collection and usage of one's data, and the right to object to any way such data may be employed to negatively impact oneself. As innovations in neurotechnologies bear benefits and downsides, a novel concept of the neuro-rights has been suggested to protect individual liberty and rights. In Oct. 2020, the Chilean Senate presented the 'Proyecto de ley sobre neuroderechos' to promote the recognition and protection of neuro-rights. This new bill defines all data obtained from the brain as neuronal data and outlaws the commerce of this data. Neurotechnology, especially when paired with big data and artificial intelligence, has the potential to turn one's neurological state into data. The possibility of inferring one's intent, preferences, personality, memory, emotions, and so on, poses harm to individual liberty and rights. However, the collection and use of neural data may outpace legislative innovation in the near future. Legal protection of neural data and the rights of its subject must be established in a comprehensive way, to adapt to the evolving data economy and technical environment.

A Study Concerning the Background of Formation in Deleuze's System (들뢰즈 체계의 형성 배경에 대한 연구 - 칸트 선험철학 체계 그 심연으로부터의 역류 -)

  • Kim, Dae-hyeon
    • Journal of the Daesoon Academy of Sciences
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    • v.37
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    • pp.329-355
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    • 2021
  • The objective of this paper is to reveal that the formation of Deleuze's system is a result of a back flow of the 'ideal of pure reason' in Kant's system. I will try to seize upon the keyword in his main book, Difference and Repetition, and examine the aspect of mutual transformation between Deleuze's transcendental empiricism and Kant's transcendentalism. When analyzing Deleuze's system, most researchers tend to focus on anti-Hegelianism, but it is proper that Kant be adopted as the start when tracing the way of deployment directly. Fundamentally, Deleuze is different from Hegel in his approach to observing entire ground of thought. Even if Deleuze surely has the capability of becoming in the dialectical context, his systemic environment wherein dialectics is applied is different even at the onset. While Hegel follows the way of origin and copy or a system that begins from a preceding point of origin, Deleuze follows a way of copy and recopy or a system that begins without a point of origin. This characteristic of Deleuze's system originates directly from idealistic play. In fact, we can anticipate and identify in his book that he refers to Kant who accepted the tradition of empiricism. Therefore, the main contents of this paper is to present an overview of Kant's influence on Deleuze's system. While tracing ideas back to Kant's system, the cohabitation of empiricism and rationalism, which Kant felicitously revoiced, there emerges a definitude of world recognition. This occurs through cohabitation, and this is both deconstructed and integrated by Deleuze, and therein definitude is turned into a vision of prosperity. To the vision of prosperity that spans definitude to recognition, a philosopher has the right to select a philosophical system because selection methodology in philosophy is not a problem of legitimacy so much as the needs of the times. Deleuze's choice resulted in the opening of pandora's box in an abyss and secret contents have in turn risen sharply.

Case Analyses of Cosmetology Education in Vocational High Schools (고등학교 미용과 교육 실태 사례 조사)

  • Kim Mi-Jeong;Yoon In-Kyung;Jang Myung-Hee;Kweon Li-Ra
    • Journal of Korean Home Economics Education Association
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    • v.18 no.1 s.39
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    • pp.127-139
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    • 2006
  • The purpose of this study was to find out the name of cosmetology department and to analyze the characteristics and curriculum of 4 selected cases. Interviews with 4 school the teachers have been done September through November, 2004. The number of cosmetology-teaching high schools, the characteristics of students, teachers and laboratories, and the curricula of the schools were analyzed. The results of this study were as follows; There were 16 vocational high schools had cosmetology department, called various names, mainly Dept. of Cosmetology or Dept. of Skin Cosmetology. All most of the students to major the Cosmetology were female and 16-74% continued education in colleges. Most of teachers had Cosmetology tearcher's certificate but 3 out of 22 teachers did not have. They thought 1-4 subjects for 17-18 hours for a week. Each school had 3-7 practical rooms. Students took 92-120 hours from major courses.

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The Development and Application of Practical Problem-based Lesson Plan on Consumer Choice of Genetically Modified Food - Focused on the 'Dietary Life' in High School Home Economics - (유전자변형식품 선택의 실천적문제중심 교수.학습 과정안 개발 및 적용 - 고등학교 식생활 영역 -)

  • Kang, Kyung-Hwa;Kim, Young-Nam
    • Journal of Korean Home Economics Education Association
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    • v.22 no.2
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    • pp.101-113
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    • 2010
  • The purpose of this study is to develop and evaluate the practical problem-based lesson plan for high school home economics class focusing on consumer choice of genetically modified(GM) food. The ADDIE instructional design model was applied. The first analysis step, practical problems were chosen based on the previous studies and the educational goal suggested in the 2007 revised curriculum. The next design and development steps, 4 hours of lesson plans were developed by reconstitution a chapter of Food Safety. Additional learning materials(17 student activity papers, 17 student reading materials, 3 teacher reading materials) were also developed. The implementation step, the lesson plans developed were applied to the S high school students in Bundang, Geyonggi-do. The last evaluation step, the perception change about GM food and the adequacy of teaching method were evaluated. As results, the studens' attitudes and minds towards the GM food were changed. The level of concern on GM food increased, and the ratio of students who would check whether GM food or not was increased. Also students showed high level of satisfaction on teaching method and materials.

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Do-not-resuscitation in Terminal Cancer Patient (말기암환자에서 심폐소생술금지)

  • Kwon, Jung Hye
    • Journal of Hospice and Palliative Care
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    • v.18 no.3
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    • pp.179-187
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    • 2015
  • For patients who are near the end of life, an inevitable step is discussion of a do-not-resuscitate (DNR) order, which involves patients, their family members and physicians. To discuss DNR orders, patients and family members should know the meaning of the order and cardiopulmonary resuscitation (CPR) which includes chest compression, defibrillation, medication to restart the heart, artificial ventilation, and tube insertion in the respiratory tract. And the following issues should be considered as well: patients' and their families' autonomy, futility of treatment, and the right for death with dignity. Terminal cancer patients should be informed of what futility of treatment is, such as a low survival rate of CPR, unacceptable quality of life after CPR, and an irremediable disease status. In Korea, two different law suits related to life supporting treatments had been filed, which in turn raised public interest in death with dignity. Since the 1980s, knowledge of and attitude toward DNR among physicians and the public have been improved. However, most patients are still alienated from the decision making process, and the decision is often made less than a week before death. Thus, the DNR discussion process should be improved. Early palliative care should be adopted more widely.

Right of disposition of cargo and Air waybill (송하인의 운송물 처분청구권과 항공화물운송장)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.177-199
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    • 2015
  • Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.