• Title/Summary/Keyword: 연혁적 검토

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Health and Medical Practice Revisited with a Historical Review of Health Care Legislature and Application to Health Policy (보건의료법제의 연혁적 검토를 통해 본 건강과 의료행위 개념의 변화와 정책 적용)

  • Bae, Hyun-A;Kim, Hyo-Sin;Kang, Min-Ah
    • Journal of Legislation Research
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    • no.44
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    • pp.387-433
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    • 2013
  • Understanding the concepts of health and medical practice are significant because they are the basis of health and medical policy and law. How legislators, policy makers, and the public perceive those concepts defines the direction of legislation and policy making. This study aims to show the changes of the concepts by reviewing the history of major Statutes relating to health and medicine. Alongside medicalization of human conditions and daily activities, the concepts of health and medical practice also expanded. On the other hand, as technologies of health and medicine have specialized and segmented, the large portion of public services of the past is now provided by the private sector. We argue that the actual laws and decisions by the judiciary should be responsive to social and scientific changes, which may cause the changes of the perceptions of health and medical practice. By doing so, they not only can have actual legal force but also even initiate a movement for establishing new medical policy or law.

Patient's Right of Self-determination and Informed Refusal: Case Comments (환자 자기결정권과 충분한 정보에 근거한 치료거부(informed refusal): 판례 연구)

  • Bae, Hyuna
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.105-138
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    • 2017
  • This is case comments of several representative legal cases regarding self- determination right of patient. In a case in which an intoxicated patient attempted suicide refusing treatment, the Supreme Court ruled that the medical team's respect for the patient's decision was an act of malpractice, and that in particular medical situations (medical emergencies) the physician's duty to preserve life supersedes the patient's rights to autonomy. Afterwards, at the request of the patient's family, and considering the patient's condition (irrecoverable death stage, etc.) consistent with a persistent vegetative state, the Supreme Court deduced the patient's intention and decide to withdraw life-sustaining treatment. More recently, regarding patients who refuse blood transfusions or other necessary treatment due to religious beliefs, the Supreme Court established a standard of judgment that can be seen as conferring equal value to the physician's duty to respect patient autonomy and to preserve life. An empirical study of legal precedent with regard to cases in which the physician's duty to preserve life conflicts with the patient's autonomy, grounded in respect for human dignity, can reveal how the Court's perspective has reflected the role of the patient as a decision-making subject and ways of respecting autonomy in Korean society, and how the Court's stance has changed alongside changing societal beliefs. The Court has shifted from judging the right to life as the foremost value and prioritizing this over the patient's autonomy, to beginning to at least consider the patient's formally stated or deducible wishes when withholding or withdrawing treatment, and to considering exercises of self determination right based on religious belief or certain other justifications with informed refusal. This will have a substantial impact on medical community going forward, and provide implicit and explicit guidance for physicians who are practicing medicine within this environment.

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Suggestion on how to improve the pre-disaster impact system (사전재해영향성검토협의제도의 정책적 제언)

  • Lee, Myoung-Jin;Choi, Woo-Jung;Kim, Min-Jung
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2017.11a
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    • pp.317-318
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    • 2017
  • 본 연구는 사전재해영향성 평가제도의 개선 방안을 제안하기 위해 환경영향성평가의 연혁 변화 및 DB 구축 시스템에 대해 살펴보았다. 또한 재해 사전 분석의 이론적 개념을 분석하여 사전재해영향성 평가제도의 이론적 개념을 살펴보았다. 이러한 결과를 바탕으로 사전재해영향성 평가의 문제점을 도출하고 개선방안을 제안하였다. 이러한 결과를 바탕으로 사전재해영향성 평가의 문제점을 도출하고 개선방안을 제안하였고, 또한 사전재해영향성평가 문제점을 환경영향성평가 비교 분석을 통해서 사전재해 영향성평가 개선방안을 제안하였다. 개선방안으로 첫째 정책적 개선안으로 행정계획 지침 분리, 소규모 개발 사업 간소화 등을 제안하였다. 둘째 기술적 개선안으로 통합관리시스템 개발, 사후재해영향성검토제 도입을 제안하였다.

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The Historical Origins and Modern Insights of the Chinese Arbitration System (중국 중재제도의 역사적 연원과 현대적 시사점)

  • Xiao Xiao
    • Journal of Arbitration Studies
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    • v.33 no.4
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    • pp.37-67
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    • 2023
  • Arbitration is a just and efficient method for resolving economic disputes. It adapts to the needs of economic development and is an important institution in today's society. Around the world, a tradition of resolving disputes through arbitration spontaneously developed in ancient times and gradually evolved into a legal system with the development of jurisprudence starting from the Middle Ages. In China, formal legislation on arbitration began in the modern era during the Republic of China period. However, the origins of arbitration as a method for resolving disputes can be traced back to ancient times, during the Qin and Han dynasties. The most significant modern arbitration legislation in China is the "Arbitration Law" enacted in 1995, which drew on the experiences of foreign arbitration laws. Despite this, there are still many areas in arbitration legislation that require improvement based on practical experiences. Currently, revisions to the Arbitration Law are underway, and historical experiences may offer valuable insights, assisting in better integrating the Arbitration Law with Chinese society. This article primarily focuses on the role and impact of the imported modern commercial arbitration system in China and how it can be harmonized with China's legal culture in the future.

제 64차 국제수역사무국(O.I.E)총회 -그 72년의 역사속에 앞으로의 활동방향-

  • 배상호;강영배;조남인
    • Journal of the korean veterinary medical association
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    • v.32 no.7
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    • pp.428-441
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    • 1996
  • 국제수역사무국(Office International des Epizooties;OIE)의 제64차 국제위원회 총회가 지난 5월 20일부터 24일까지 프랑스 파리시내 12rue de Prony에 소재하고 있는 국제수역사무국 본부에서 개최된 바 있다. 한편, 동회의기간중 세계수의사회(World Veterinary Association;WVA) 제 48차 총회 및 관련 각 위원회 또한 국제수역사무국 본부에서 개최된 바 있다. 국제수역사무국은 지난 1924년도에, 국제적 협력이 필요한 가축전염병의 병인과 방제대책에 관련된 실험 또는 연구업무의 증진과, 회원국 정부 및 각국 수의관련 부서로부터 가축질병과 방역대책에 관련된 전반적인 관심사항에 대한 모든 사실과 기록을 수집하여 주의를 환기시키고, 전염병 방역규정에 관한 국제적 협정초안을 검토하고 서명 당사국 정부에 시행 감독권한을 부여하거나 조정을 목적으로, 프랑스 정부의 주도하에 창립멤버 28개국 정부의 조인을 받아 국제협약에 의하여 설치되어 금년에 창립 72주년을 맞이하였으며, 금년 5월 현재의 정식가입 회원국수는 143개국이 되었다. 본편에서는, 제1장에서 국제수역사무국에 대한 연혁과 조직 기능, 역할과 업무활동, 향후 활동 발전방향 등에 대하여 간략히 해설하고, 제2장에서는 금년 (1996년도) 제64차 총회의 의사일정과 주요 협의사항, 각 위원회별 보고사항 등을 소개하고자 하며, 마지막으로 제3장에서는 금년 총회의 기술의제와 관련하여 우리나라의 보고사항을 기록해 두고자 한다.

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A Chronological and Legal Study on Mitigation of Height Restriction in Flight Safety Zone around Airports - Mostly Regarding Civilian Airports - (공항 비행안전구역 고도완화의 연혁적 고찰과 해결방안에 관한 정책적·법적 고찰 - 민간 공항 중심으로 -)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.225-246
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    • 2020
  • More than technical or academic matter, mitigation of height restriction around airports is about up-dating out-dated policies that have not kept up with rapidly developing aircraft and air traffic control technologies. Above all, instead of calling out 'flight safety' that the public do not comprehend, it is important to examine and carry out measures that can protect people's right of property. MOLIT(Ministry of Land, Infrastructure, and Transport) after reviewing ICAO's Obstacle Limitation Surface TF, made an announcement to provide further plans that would apply to contracting states from 2026. However, residents of redevelopment areas near Kimpo international airport asserted that MOLIT's policy overlooks the reality of the redevelopment zone. ICAO, UN's specialized agency for civilian aviation, recommends in Annex 14, 4.2.4 that contracting states conduct an aeronautical study to determine the flight safety of horizontal surface(45m), excluding approach surface, and to mitigate height restrictions if no threat is found. Numerous countries including the United States have been following this recommendation and have been able to effectively protect people's right of property, whereas the South Korean government have not following it so far. The number of height restriction mitigation cases in the recent three months (2019. 7. 15~10. 14.) FAA of the United States have allowed after conducting an aeronautical study reaches 14,706. Japan and Taiwan also reconstruct airspace around airports in metropolitan areas in order to protect people's right of property. Just as the United States is following, MLIT should follow ICAO's recommendation in Annex 14. 4.2.4(Vol. 1. Airport Construction / Operation) and protect people's right of property by first applying aeronautical studies to the horizontal surface(45m) of flight safety zones until the specifics of ICAO's 2026 TF materialize.

Structural Analysis of Spaceborne Two-axis Gimbal-type Antenna of Compact Advanced Satellite (차세대 중형위성용 2축 짐벌식 안테나의 구조해석)

  • Park, Yeon-Hyeok;You, Chang-Mok;Kang, Eun-Su;Oh, Hyun-Ung
    • Journal of Aerospace System Engineering
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    • v.12 no.2
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    • pp.37-45
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    • 2018
  • A two-axis gimbal-type antenna for a Compact Advanced Satellite (CAS) is used to efficiently transmit high resolution image data to a ground station. In this study, we designed the structure of a two-axis gimbal-type antenna while applying a launch lock device to secure its structural safety under a launch environment. To validate the effectiveness of the structural design, a structural analysis of the antenna was performed. First, a modal analysis was performed to investigate the dynamic responses of the antenna with and without the mechanical constraints of the launch lock device. In addition, a quasi-static analysis was performed to confirm the structural safety of the antenna structure and bolt I/Fs between the antenna base and the satellite. The suitable range of constraint force on the launch lock device was also determined to ensure the structural safety and mechanical gapping of the ball & socket interfaces, which places multi-constraints on the azimuth and elevation stage of the antenna.

A Comparative Review of the Satellite Remote Sensing (위성원격탐사에 관한 비교법적 고찰)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.203-319
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    • 2020
  • The regulation of satellite remote sensing is generally included with the scope of statutes governing outer space activities. But not all states opted for dedicated satellite remote sensing regulation. The decision whether to do so depends in part on the specific capabilities of national satellite remote sensing programs. Five states that have dedicated statutes governing operations with remote sensing data are the United States, with its developed Landsat regime (the Land Remote Sensing Policy Act of 1992, LRSPA), Canada, with its Remote Sensing Systems Act, Germany, with its Satellite Data Securities Protection Act (SatDSiG), France, with its Law on Space Operations (LOS), Japan, with its Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data. The major purpose of this article is to shed light on some legal issues surrounding remote sensing activities by comparative review. The paper analyzes international conventions or soft law and national law and policies relating to satellite remote sensing. It also offers some implications and suggestions for regulations of satellite remote sensing operations and satellite data.

A Study on the Framing Plan of Boundary Point Record Book Based on Parcel Boundary Point (필지경계점 중심의 경계점등록부 작성 방안)

  • Kim, Jun Hyun;Kwon, Kee Wook
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.32 no.spc4_2
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    • pp.375-386
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    • 2014
  • This research inquired problems that appeared in the previous boundary point coordinates record book, boundary point cover record book, and ground boundary point record book. Also, we suggested the framing plan and based on the boundary point record book for the registration and management of boundary point of cadastral resurvey upon completion on record book. In fact, the outlines of result could be organized into three following points; Firstly, a quick survey can be possible, as reference points for the present situation were available to be checked right away due to unify and manage the boundary point at the record book, even if at the field without the location explanation drawings of boundary points. Secondly, continuous managing of boundary points is possible, since recording the boundary points book with a parcel boundary point, as a unit, make it easily monitoring the formation, critical situation, and extinction of boundary point. Thirdly, the boundary point could be maintained at the boundary points at location, coinciding with geographic features by requesting boundary changes at the time of completion, although it has been made at when the location explanation drawing is made.

Current status and issues on prevention from the biological damage of cultural property (국내 문화재 생물피해 방제의 현황과 과제)

  • Choi, Yu Ri;Kang, Dai Ill
    • Korean Journal of Heritage: History & Science
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    • v.48 no.3
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    • pp.138-153
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    • 2015
  • For preventing the biological damage domestically, insect damage control method using chemical medicine has been applied. However, it is trend to avoid existing chemical medicine such as Methyl bromide because of the problem of being harmful to human body and environment. Therefore, the research for new medicine to replace this has been done and the interest to the physical treatment such as temperature(high & low) treatment, hypoxic treatment, carbon dioxide treatment, and radiation treatment has increased. However the systematic application standard and way has not been established. Therefore, in this research, we are going to organize present condition of domestic cultural asset preventing biological damage after the 1980's. It will also consider the direction through the characteristic of technology, limit, and replacement medicine by examining the past research.