• Title/Summary/Keyword: 절차적 정당성

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Legal Consideration of Transfer Refusal by 119 Rescuers (119구급대의 이송거절 및 거부에 대한 법적 고찰)

  • Bae Hyun-A;Lee Sang-Jin;Kim Chan-Woong;Lee Kyung-Hwan
    • Fire Science and Engineering
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    • v.19 no.4 s.60
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    • pp.47-56
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    • 2005
  • The regulation on organization and operation of rescue and aid party was amended. This Regulation is designed to provide legal formality in order to protect not only the patients' right but also 119 rescuers from liability, which is due to treatment refusal by patient and the discretionary refusal of transfer by 119 rescuers on the non-emergency situation. This study looked over the constitute of violation of emergency medical service act related to the discretionary refusal of 119 rescuers, the criminal liability owing to omission and the possibility of national indemnities on the damage of patients. This study also analyzed the courts' decision and attitude by exploring overseas judicial precedents and examined what should be considered on the execution of the newly enacted law. Finally, this study put emphasis on the importance of medical director's control, documentation of every procedure, 119 rescuer's authorization on the refusal of transfer by securing patient's informed consent.

Analysis of the Deductive Inference in Engineering Education through the Experiment of Elliptical Trainers (Elliptical Trainer의 실험 분석을 통한 공학교육에 적용되는 귀납법적 추론 분석)

  • Hwang, Un Hak
    • The Journal of Korean Institute for Practical Engineering Education
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    • v.5 no.1
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    • pp.1-13
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    • 2013
  • For a basic engineering education the confirmation and verification of the deductive Inference was studied and the principle of probability inference was applied. The background of introduction of deductive Inference and its test method was mentioned, and historic arguments on the compatibility of deductive statistical inference was summarized and analyzed. Philosophical arguments on the deductive confirmation for engineering experiments was introduced. Premise, procedure, and control of the experiments are studied. As an example of the deductive probability inference three groups of experimental data were used in order to find successful inferences respectively.

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An Experimental Study on the Design of the Korean Ballot Paper - Problems of the Regulations of the Public Official Election Act - (한국 투표용지 디자인에 관한 실험 연구 - 공직선거법 규정에 대한 문제제기 -)

  • Jung, Eui Tay;Hong, Jae Woo;Lee, Sang Hyeb;Lee, Eun Jung
    • Design Convergence Study
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    • v.17 no.3
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    • pp.91-108
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    • 2018
  • Rather the ballot paper design could influence voting behavior, there is less study upon the designing ballot paper and the importance of information design. This study examines the possibility of error occurring in the ballot paper design under the rules of Public Official Election Act. To do this, we conducted a heuristic evaluation method to review regulations, and an empirical experiment with closed groups. From this, we found that (1) diverse cases of ballot paper can be produced, and (2) various fonts, sizes, and materials can be used. Accordingly, it is inevitable to deliver regulations on (1) the usage of chromaticity and image, (2) the applying universal designed-typography, and (3) the margin for the spacing between ballot boxes. This study, at the end, suggests institutional measures for securing the validity and legitimacy on the decision-making process to remove latent ambiguity in ballot paper designing.

Instructional Design for Teaching Integrated Essay on Home Economics Education (가정과 수업에서 통합 논술형 수업의 개발 방안)

  • Yoon, Ji-Hyun
    • Journal of Korean Home Economics Education Association
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    • v.20 no.1
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    • pp.21-44
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    • 2008
  • The purpose of this study was to analyse the possibilities and legitimacies for using integrated essay on Home Economics Education, and to suggest the instructional design. Integrated Essay consisted with three composers, subject(students), object(texts), and strategy(thinking abilities). The results of theoretical analysis, socio-constructionalism by Vygotsky, the deconstructional literacy criticism by Derrida, and cognitive psychological approach by Beyer, Wood et al, Hayes were supported the integrated essay in instruction for Home Economics Education. Also, essay tests types of university entrance exams in Korea, previous researches of thinking ability in Home Economics Education, and essay questions in textbook were analysed. As results, theoretical framework, instruction process, and instruction design for integrated essay in Home Economics Education were developed. The possibility of integrated essay is high but it's real estimate will success when Home Economics Education realize it's nature.

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An Overview of the Developments of ICANN Internet Governance and Some Recommendations for Korea (ICANN의 진화과정 고찰을 통해 본 한국 인터넷주소 거버넌스의 개선방향)

  • Chung, Chan-Mo
    • Informatization Policy
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    • v.19 no.3
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    • pp.36-49
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    • 2012
  • Internet Corporation for Assigned Names and Numbers (ICANN) is the body which manages the allocation and registration of global Internet IP addresses and domain names. As a gesture to overcome the dependency on the U.S. government, ICANN and the U.S. Department of Commerce jointly made the Affirmation of Commitment in which they submitted the workings of ICANN to the supervision of a council of Internet experts. Accountability and Transparency Review Team (ATRT) is one of four teams created for this purpose. In December 2010, ATRT made 27 recommendations, which were subsequently approved by the ICANN Board. These reform efforts of ICANN provide significant implications for the future of Korean Internet governance. Korea should enhance the compatibility of its domestic decision making process related to Internet addresses with the private sector driven, bottom-up process of global Internet governance. In order to increase the involvement of private sector and civil society, it is recommended for Korea to formalize the mechanism for bottom-up process. Insertion of a new provision concerning a bottom-up process into the Internet Addresses Act should be considered.

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Framing an Issue of Building a Nuclear Waste Site on Television News (핵폐기장 유치에 대한 텔레비전 뉴스 프레임 분석 -KBS, MBC의 전국 및 지역(전북지역) 뉴스를 중심으로-)

  • Na, Mi-Su
    • Korean journal of communication and information
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    • v.26
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    • pp.157-208
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    • 2004
  • This study explored how television news constructed an issue of the building of a nuclear waste facility on Wido, an issue which displayed a social conflict in the latter half of the year 2003. To do this, this study conducted frame analysis on KBS and MBC main news including national and local ones, broadcasted from 11 July, 2003 to 10 December, 2003. It was found that television news tended to stress violent protests against site designation and social disorder rather than the causes of a conflict and its solutions. Therefore, news reporting excluded fundamental reasons of conflict such as the governmental decision-making process of site designation, geological suitability, safety issue and nuclear energy policy, emphasizing the confrontation and clash between pro and con groups of site designation. This indicates that television news defines an issue of the building of a nuclear waste facility as the local conflict between groups, the police and demonstrators, or neighbors who approve and protest the site designation, not as the national issue of nuclear policy.

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The Settlement of Complication in Water Resources Project (수자원 사업분야의 갈등해결 방안)

  • Park, Joo-Bum;Kim, Man-Ki
    • Proceedings of the Korea Water Resources Association Conference
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    • 2007.05a
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    • pp.1645-1649
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    • 2007
  • 수자원사업분야 특히, 댐건설사업은 사업시행지역이 유역의 상류인 반면 댐건설의 편익은 주로 하류지역에서 발생하기 때문에 상류지역을 중심으로 극심한 반대가 상존하고 있는 실정이다. 상 하류 지역 주민과 지자체 간에도 댐건설에 대한 입장이 상충되고, 이런 갈등을 정치적으로만 해결하려고 함으로써 갈등의 해결보다는 오히려 새로운 갈등의 원인이 되기도 한다. 또한, 갈등해결을 위한 사회적 합의와 그 합의 결과에 대한 승복의 문화가 정착되지 않은 우리나라에서 갈등해결은 매우 어려운 실정이다. 지난 7년 동안 사회적인 찬반 논란의 중심에 있었던 한탄강홍수조절댐건설에 따른 갈등의 전개과정과 해결노력을 평가 분석하여 봄으로써 향후 수자원사업 분야의 갈등해결에 많은 도움이 될 것으로 본다. 한탄강홍수조절댐은 지난 1999년 결정 이후 2004년 1월부터 11월까지 대통령자문 지속가능발전위원회와 이해 당사자가 참여하는 중재적 갈등조정과정을 거쳤으나, 조정 결과에 대해 승복하지 않음으로써 당사자 합의에 의한 최초의 갈등조정 시도가 무산되었으나 그 해결 노력은 정당하게 평가 받을 만하다. 이후 한탄강댐건설사업은 정부에서 국무총리를 위원장으로 하는 임진강유역홍수대책특별위원회를 구성하여 이해 당사자를 배제하고 관련학회의 전문가 등으로 1년 동안 검증평가한 결과 2006년 8월 한탄강홍수조절댐과 천변저류지로 최종 대안을 제시하였으나, 댐건설 반대지역에서는 아직도 완전히 승복하고 있지 않는 실정이다. 결국 갈등을 해결하기 위해서는 사업계획 수립단계부터 이해 당사자들이 참여하는 협의회 운영으로 절차적 정당성을 확보하고, 한탄강홍수조절댐 갈등해결에 있어서 부족했던 사회적 합의와 승복문화가 정착되도록 제도적인 장치보완과 함께 성숙된 시민의식의 전환이 있어야만 할 것으로 사료된다. 외적으로 하천 유사량 산정과 관련된 많은 경험식들이 제시되고 있다. 하지만, 외국의 충적하천에 기초하여 개발되어진 유사량 공식들을 우리나라 하천에 무분별하게 적용하는 것은 위험스러우며, 유사량 산정 결과의 신뢰성을 높이기 위해서는 무엇보다 우리나라 하천의 지형, 수리, 수문학적 요소들이 유사 특성에 미치는 영향을 알아야 한다. 그러므로, 본 연구에서는 실측을 통한 유사량 값을 하천의 지형, 수리, 수문학적 요소들과 비교 분석하여우리나라 하천에 맞는 유사특성을 알아보고, 기타 총유사량산정 공식을 이용하여 실측한 유사량과 비교 분석하고자 한다.호강유역의 급격한 수질개선을 알 수 있다.世宗實錄) $\ulcorner$지리지$\lrcorner$(地理志)와 동년대에 동일한 목적으로 찬술되었음을 알 수 있다. $\ulcorner$경상도실록지리지$\lrcorner$(慶尙道實錄地理志)에는 $\ulcorner$세종실록$\lrcorner$(世宗實錄) $\ulcorner$지리지$\lrcorner$(地理志)와의 비교를 해보면 상 중 하품의 통합 9개소가 삭제되어 있고, $\ulcorner$동국여지승람$\lrcorner$(東國與地勝覽) 에서는 자기소와 도기소의 위치가 완전히 삭제되어 있다. 이러한 현상은 첫째, 15세기 중엽 경제적 태평과 함께 백자의 수요 생산이 증가하자 군신의 변별(辨別)과 사치를 이유로 강력하게 규제하여 백자의 확대와 발전에 걸림돌이 되었다. 둘째, 동기(銅器)의 대체품으로 자기를 만들어 충당해야할 강제성 당위성 상실로 인한 자기수요 감소를 초래하였을 것으로 사료된

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A Study on the Awareness of Records Management by the Republic of Korea Army Personnel: From a Viewpoint of New Institutionalism (육군 구성원의 기록관리 인식에 대한 연구: 신제도주의적 관점으로)

  • Lee, Ji-Eun;Kim, Gi-Yeong
    • Journal of Korean Society of Archives and Records Management
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    • v.21 no.1
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    • pp.97-116
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    • 2021
  • This study aims to analyze the level of members' awareness of records management in the Republic of Korea Army within the institutional context extensively. Accordingly, in-depth interviews were conducted after comparing and analyzing the institutional systems that restricted the members' record management activities. As a result, it was identified that the members were confused by the inconsistency among the systems that defined the work procedures, and that the value of responsibility and efficiency in the records management system does not match the organization's goals. Therefore, the legal justification of the system should be improved in harmony with the responsibilities and efficiency and to match them with the organization's objectives. Moreover, the improved system should be internalized by the members through instructions that are relevant to the content of the system. This study intends to increase awareness in the records management system and improve the system as well.

Critical Essay on the Notice of the Price Adjustment of Generic Drugs (제네릭 의약품 약가 조정 고시에 대한 비판적 고찰)

  • Park, Jeong Yeon
    • The Korean Society of Law and Medicine
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    • v.22 no.1
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    • pp.91-124
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    • 2021
  • In May 2019, the Ministry of Food and Drug Safety revised the "Pharmaceutical Determination and Adjustment Criteria" with the content of differentially calculating the price of generic drugs according to the registration of the drug substance and meeting the requirements for their own bioequivalence test. According to this revised rule, if their own bioequivalence test is not conducted, even the generic drugs that have already been approved would be lowered in price. I wondered whether this system was introduced with sufficient public legal considerations regarding its legislative purposes and means. Therefore, I reviewed the contents of the revised notice based on whether or not it is valid to determine and adjust the price of generic drugs in terms of the legitimacy of legislative purposes and the proportionality principle after introducing the history and background of the rule. First, I raised a question as to whether the purpose of preventing the overrun of generic drugs is indeed legitimate in terms of the legitimacy of the purpose. In order for the revised notice of "reduction of drug prices when the test requirements are not met," to meet the conformity principle, the premise that it is difficult to recognize safety and effectiveness through consignment (joint) bioequivalence test or that these tests are insufficient in safety and efficacy verification than their own test must be established. Nevertheless, it seems that suffficient review has not been carried out. In order to achieve the purpose of securing safety and effectiveness, the focus should be on 'reinforcement of the standards for bioequivalence test and the management of the bioequivalence test itself' rather than whether it is a their own test or a consignment (joint) test. Third, it is contrary to the necessity and substantiality principle that strict standards are uniformly applied to the products that can be considered to have been sufficiently verified for safety and effectiveness after a considerable period of time has passed after the product approval. In many cases, revised administrative legislations quickly enacted and amended in the state of lack of legal review or consensus, while the regulatory effects resulting from it are quite direct and specific to the regulated person. In this respect, I emphasized that the administrative legislative process also requires substantial review and prior control of the regulatory purposes and means, and that the participation of stakeholders in the legislative procedure is to be strengthened.

The Effect of Organizational Justice on the Organizational Commitment of Police Investigators - Focusing on the Mediating Effect of Trust of Supervisors - (수사경찰의 조직공정성이 조직몰입에 미치는 영향 -상사신뢰의 매개효과를 중심으로-)

  • Han, Jin-Tae;Kwack, Dae-Gyung
    • Korean Security Journal
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    • no.62
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    • pp.159-183
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    • 2020
  • The court in Korea values evidence justice, and also demands justification for the process of collecting evidence. Therefore, it is necessary to raise the level of organizational commitment, which means that the police investigators performing these tasks feel attached to the police organization they belong to, and that they feel united about the goals of the organization. Based on this recognition, the study analyzed the effects of the police's perception of organizational Justice on organizational commitment, and classified organizational Justice into distributive Justice, procedure Justice and interaction Justice. Therefore, this study analyzes the effect of the police's perception of organizational Justice on organizational commitment and verifies the effect through multiple regression analysis by injecting the trust of Supervisors into a mediating variable. The study was also conducted on the assumption that the trust of Supervisors is important in carrying out the field investigators work in the South Korean police. To achieve the purpose of this research, a total of three surveys were conducted from May 2017 to October 2019 at the National Police Agency using the selection process of investigators and job training courses for the national police, and a total of 500 copies were used as analysis data. Looking at the results analysis of this study, first, it was found that there was a statistically significant static (+) effect on organizational commitment, where the organizational Justice of police officers was a independent variable. Second, the relationship between organizational Justice and organizational commitment has shown that the trust of Supervisors has a mediating effect in korean police organization.