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Probleme nach geltendem Recht „Richtlinien für die Verwendung von Gesundheitsdaten" ('보건의료 데이터 활용 가이드라인'의 현행법상 문제점)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.3-35
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    • 2021
  • Inmitten der Flut der privaten und öffentlichen Information gilt die riesige Informationsmenge als Schlüsselressource im Zeitalter der 4. industriellen Revolution, repräsentiert durch Big-Data. Das Interesse an diesen wächst weltweit. Es gibt eine aktive Diskussion darüber, wie man Daten sichert und akkumuliert und wie man die gesammelten Daten sicher und effektiv nutzt. Gesundheitsdaten werden vor allem als die wertvollste Ressource bewertet, für die Big-DataTechnologie eingesetzt wird. Um Gesundheitsdaten sinnvoll zu nutzen, müssen verteilte Gesundheitsdaten integriert und den Benutzern in einer Form zur Verfügung gestellt werden, die für Forschung oder Inspektion verwendet werden kann. In einer Situation, in der große Länder um den Aufbau bzw. die Führung der Datenwirtschaft konkurrieren, wurden im August 2020 auch in Südkorea die sog. „3-Daten-Gesetze" geändert, die das Datenschutzgesetz(DSG) enthälten. Das DSG führte das Konzept der pseudonymen Informationen ein und baute eine Rechtsgrundlage für deren Verwendung auf. Als Folgemaßnahme kündigte die, Kommission für den Schutz personenbezogener Daten(Personal Information Protection Commission: PIPC)' die „Richtlinien für die Bahandlung mit pseudonymen Informationen" und, Ministerium für Gesundheit und Wohlfahrt' die „Richtlinien für die Verwendung von Gesundheitsdaten" an. Gesundheitsdaten stehen direkt in Zusammenhang mit Leben und Körper des Menschen und damit enthalten viele sensible Daten. Es handelt sich also um ein System, das aus einer vorsichtigeren und konservativeren Sicht unter der Voraussetzung verwendet werden kann, personenbezogene Daten sicherer zu schützen. Um die Hauptinhalte der „Richtlinien für Verwendung von Gesundheitsdaten" zu analysieren, überprüften wir zunächst die Hauptinhalte des überarbeiteten DSG. Danach durch die Analyse der wesentlichen Inhalte der „Richtlinien für Verwendung von Gesundheitsdaten" wurden Probleme wie Konflikte mit anderen Gesetzen und Verbesserungsmaßnahmen überprüft.

Informed Consent and Refusal of Treatment in Emergency Medical Situation (응급의료에서의 설명·동의 원칙과 응급의료거부죄)

  • Lee, Jung-eun
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.37-80
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    • 2022
  • By analyzing informed consent and the refusal of emergency medical treatment (called patient dumping) under the current Emergency Medical Service Act, this study suggests that an emergency medical professional is only liable for patient dumping if their duty to protect the patient's life takes precedence over the patient's right to self-determination. In emergency medical situations, as in general medical situations, medical treatment should be performed after the emergency medical professional informs the patient about the medical treatment, including its necessity and methods, and obtains consent from the patient. Refusing or evading the performance of emergency medical services on the excuse of the informed consent not considering a waiver or alteration of informed consent requirements without reasonable reasons violates the Emergency Medical Service Act and thus makes an emergency medical professional liable to administrative disposition or criminal penalty. In other words, depending on the existence of a waiver of alteration of the informed consent, patient dumping may be established. If the patient is a minor or has no decision-making ability, and their legal representative makes a decision against the patient's medical interests, the opinion of the legal representative is not unconditionally respected. A minor also has the right to decide over their body, and the decisions of their legal representatives should be in the patient's best interests. If the patient refuses treatment, in principle, the obligation of life protection of emergency medical professionals is the top priority. However, making these decisions in the aforementioned situations in the emergency medical field is difficult because of the absence of explicit regulations regarding these exceptional problems. This study aims to organize the following precedents of the Supreme Court of Korea. The court states that, when balancing the conflicting interests between the duty to provide emergency medical service and the duty to inform is unavoidable for emergency medical professionals, they should put the duty to protect the patient's life ahead of the duty to inform if the patient's life matters. Exceptionally, when a patient has seriously considered whether they should receive treatment before the emergency medical situation, their right to self-determination can be considered equal to the obligation of emergency medical professionals to provide emergency medical treatment. This research also suggests that an amendment of the Emergency Medical Service Act should include the following. First, the criteria for determining the decision-making ability of emergency patients should consist of medical content. Second, additional consent from a medical professional is unnecessary for first-aid treatment. Finally, new provisions for emergency medical obligations for minors, new provisions for the decision standard when there are conflicting opinions about the treatment of a patient, and new penalty provisions for professionals who suspend emergency medical examinations and treatments need to be established.

Exploring A Research Trend on Entrepreneurial Ecosystem in the 40 Years of the Asia Pacific Journal of Small Business for the Development of Ecosystem Measurement Framework (「중소기업연구」 40년 동안의 창업생태계 연구 동향 고찰 및 측정모형 개발을 위한 탐색적 연구)

  • Seo, Ribin;Choi, Kyung Cheol;Byun, Youngjo
    • Korean small business review
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    • v.42 no.4
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    • pp.69-102
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    • 2020
  • Shedding new light on the research trend on entrepreneurial ecosystems in the 40-year history of the Asia Pacific Journal of Small Business, this study aims at exploring a potential measurement framework of ecological inputs and outputs in an entrepreneurial ecosystem that promotes entrepreneurship at geographical and spatial levels. As a result of the analysis of research on the entrepreneurial ecosystem in the journal, we found that prior studies emphasized the managerial importance of various ecological factors on the premise of possible causalities between the factors and entrepreneurship. However, empirical research to verify the premised causality has been underexplored yet. This literature gap may lead to unbalanced development of conceptual and case studies that identify requirements for successful entrepreneurial ecosystems based on experiential facts, thereby hindering the generalization of the research results for practical implications. In that there is a growing interest in creating and operating productive entrepreneurial ecosystems as an innovation engine that drives national and regional economic growth, it is necessary to explore and develop the measurement framework for ecological factors that can be used in future empirical research. Hereupon, we apply a conceptual model of 'input-output-outcome-impact' to categorize individual environmental factors identified in prior studies. Based on the model. We operationalize ecological input factors as the financial, intellectual, institutional, and social capitals, and ecological output factors as the establishment-based, innovation-based, and performance-based entrepreneurship. Also, we propose several longitudinal databases that future empirical research can use in analyzing the potential causality between the ecological input and output factors. The proposed framework of entrepreneurial ecosystems, which focuses on measuring ecological input and output factors, has a high application value for future research that analyzes the causality.

The Direction of Job Policy Development for Korean Golf Professionals (한국 골프전문인력의 일자리 정책 발전방안)

  • Cho, Jung-Soon;Suh, Ah-Ram
    • Journal of Korea Entertainment Industry Association
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    • v.14 no.4
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    • pp.289-303
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    • 2020
  • The purpose of this study is to provide adequate datas on number of people who are in golf related field and also further expend that number for golf industry. The main stream of this study is to map out present golf related jobs and how this study can help golf industry in general. To make a greater improvements on golf industry with more job opportunity following ideas were presented. First, improving education on "hand on experiences on the field of golf industry" Better educating potential employees for golf industry for the right positions can enhance overall work environment. To do so, the society and the schools must come to agreement to provide adequate curriculum for people. Second, implementing "a golf club division program." The support from Ministry of Culture and Sports and Tourism Department, which are govern by Republic of Korea, are aggressively working to expend the golf business and also recruit elite personnel like former tour players to work on the field to better operate the whole system. Third, performing a thorough research on current golf related jobs and numbers and diversity on the field. Fourth, developing a specific and a differentiated golf job fields for better future for people and students who majored in golf industry. So that they cam feel secured and have a sense of dignity. Finally, strengthening the golf industry's competitiveness. The golf related companies have to step up to higher gear. With working in harmony between golf industry and government can assure of brighter future for our next generation.

A Plan for Activating Elderly Sports to Promote Health in the COVID-19 Era (코로나19 시대 건강증진을 위한 노인체육 활성화 방안)

  • Cho, Kyoung-Hwan
    • Journal of Korea Entertainment Industry Association
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    • v.14 no.7
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    • pp.141-160
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    • 2020
  • The purpose of this study was to devise a specific plan for activating sports to promote health in old age against the prolonged COVID-19 pandemic. Through literature review, it also analyzed the association between health status and COVID-19 in old age, suggested health promotion policies and projects for elderly people, and presented a plan for activating sport to promote health in old age against COVID-19 era. First, it is necessary to revise the relevant laws, including the Sport Promotion Act and the Elderly Welfare Act, partially or entirely, make developmental and convergent legislations for elderly health and sports, and establish an institutional device as needed. Second, it is necessary to build an integrated digital platform for the elderly and make a supporting system that links facilities, programs, information, and job creation as part of a New Deal program in the field of sports on the basis of the Korean New Deal. Third, it is necessary to train elderly welfare professionals. Efforts should be made to establish more departments related to elderly sports in universities and make it compulsory to place elderly sports instructors at elderly leisure and welfare facilities. Fourth, it is necessary to develop contents related to health in old age. This means performing diverse movements by manipulating them through a virtual reality (VR) simulation. Fifth, it is necessary to make a greater investment in research and development related to elderly sports and relevant fields. This means the need to conduct constant research on healthy and active aging in a systematic and practical way through multidisciplinary cooperation. Sixth, it is necessary to establish and operate an elderly management agency (elderly health agency) under the influence of the Office of the Prime Minister. This means the need to secure independence in implementing the functions related to health promotion in old age and make comprehensive operation, which involves all the issues of health promotion in old age, daily function maintenance and rehabilitation, social adjustment, and long-term care, by establishing an elderly management agency in an effort to give lifelong health management to the elderly and cope with the untact, New Normal age.

Effectiveness Enhancement Measures for Local Government Environmental Impact Assessment (EIA) by Improving Small-scale EIA Institution (소규모 환경영향평가 제도개선을 통한 지자체 환경영향평가 효과성 증진방안)

  • Jongook Lee;Kyeong Doo Cho
    • Journal of Environmental Impact Assessment
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    • v.32 no.1
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    • pp.15-28
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    • 2023
  • In the Republic of Korea, the target project scope of the small-scale EIA is stipulated as the plan area above around 5,000~60,000m2 depending on a type of project and classification of land use. Whereas, the lower limit of the corresponding local government EIA project is generally located above the small-scale EIA's limits, and overlapping ranges exist. This situation has been enlarged since road construction and district unit planning were included as the target projects for small-scale EIA in the "Enforcement Decree of the Environmental Impact Assessment Act", which was partially revised in November 2016, and the current consultation system needed discussion in that small-scale EIA is allowed to be done without gathering review opinions at the local level. In fact, projects subjected to local government EIA but consulted as small-scale EIAs may seem insignificant because of a small number of total cases; however, it is worth paying attention to the fact that a local government may not add a target project due to the small-scale EIA. This study suggested the three policy measures for improving small-scale EIA to enhance the effectiveness of local government EIA: supplementing the institutional arrangements to incorporate the review opinion from the local region in small-scale EIA, giving priority to local EIA for conducing the projects in overlapping ranges with partial amendments on EIA law regarding exceptions to local government EIA, including small target projects (not to be small-scale EIA targets) to the ordinance that are deemed necessary to be conducted as local government EIA. Even though a positive function of small-scale EIA has been confirmed, efforts should be made to improve the situation in which many projects within local governments are consulted without review from the region.

A Study on the Difficulties Faced by High School Science Teachers in Operating LMO Laboratories (고등학교 LMO 실험실 운영에서 과학교사가 갖는 어려움에 관한 연구)

  • Seongjae Lee;Jiwon Yeo;Sang-Hak Jeon
    • Journal of The Korean Association For Science Education
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    • v.43 no.1
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    • pp.1-15
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    • 2023
  • As the social and economic value of living modified organisms (LMOs) increase, so do the potential risks they pose to humans and the environment. Therefore, all laboratories using LMOs must establish an LMO laboratory in accordance with the standards required by regulations. Recently, in high school, LMO-related experimental programs have been developed for their educational effects. Also, in this case, it is necessary to comply with the regulation for LMO laboratories. However, high schools are still unfamiliar with the LMO laboratory, and it is difficult for teachers to manage an LMO laboratory because its implementation applies the same standards to general research institutes. In this study, we used causal chain analysis to discover the difficulties each teacher faced while setting up an LMO laboratory by examining three cases. The difficulties experienced by teachers are as follows: the first problem is "reluctance to set up an LMO laboratory," because of "administrative tasks for laboratory registration" and "difficulty in persuading colleagues." The second problem is a difficulty for teachers to operate LMO laboratory in blind spots, due to "inflexible installation and closure," "medical waste disposal," and "LMO education that does not fit the school context." Through this study, although the difficulty of running an LMO laboratory is caused by a lack of necessity and insufficient consideration of the school context, the more fundamental cause was a lack of collaborative planning between the educational field and the operating institutions. The teachers who participate in this research suggest that "using shared LAB" and "preparing opportunities for knowledge sharing" can be considered as strategies for operating the school's LMO laboratory. We feel that this study will provide a useful reference for teachers or schools planning to build an LMO laboratory.

The Process of Changes and Challenges of Regional Science & Technology Policy in Korea (한국 지역과학기술정책의 변화와 발전 방향)

  • Ho Kim;Dongbok Kim;Yoonsik Chae
    • Journal of Technology Innovation
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    • v.31 no.1
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    • pp.29-63
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    • 2023
  • The purpose of this study is to analyze the process of changes in regional science and technology policies in Korea and to seek future development directions. In Korea, regional science and technology policies have been implemented since the introduction of the local autonomy system. Since then, it has been implemented in earnest with the establishment of a central government-level plan. The regional science and technology policies have been developed to this day by interacting with national science and technology policies and regional development policies. Nevertheless, due to the path dependence and lock-in effect in the accumulated process, the regional science and technology policies are still subordinate to central government policies. Thus, the establishment of an independent ecosystem for local science and technology is still insufficient. Furthermore, the gap between regions is deepening, such as the growing of aging population, population decline due to low birth rates, job losses due to the recession of local key industry, and the concentration of the youth population in the metropolitan area. The transformation path such as digital transformation and carbon neutrality paradigm is expected to further widen regional disparities. In order to address a comprehensive problem, the implementing system of regional science and technology policies need to be newly established. A framework for reinvention of regional science and technology policy needed in the era of grand societal challenges have to be developed.

A Study on the Effect of Organizational Trust of the Container Terminal Operators' Employee on Organizational Citizenship Behavior -Focusing on the Moderating Effect of Organizational Support- (컨테이너터미널 운영사 구성원의 조직신뢰가 조직시민행동에 미치는 영향 -조직적 후원의 조절효과를 중심으로-)

  • Kim, Ik-Seong;Seon, Hwa;Kim, Hyun-Deok
    • Journal of Korea Port Economic Association
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    • v.39 no.1
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    • pp.65-100
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    • 2023
  • This study examines the effects of organizational trust of the container terminal operators' employee on organizational citizenship behavior and the moderating effect of organizational support in the relationship between the two variables. In order to efficiently achieve the purpose of this study, an empirical analysis was conducted by distributing a literature review and a questionnaire, and the results of the study are as follows... First, the organizational trust of the container terminal operators' employee was found to have a significant positive (+) effect on organizational citizenship behavior, and trust in the company appeared to be more important than trust in the superior, indicating trust in the institutional aspect. This means that formation has more influence on organizational citizenship behavior... Second, it was confirmed that the organizational support of the container terminal operators' employee can lead to active participation in organizational citizenship behavior through the expansion of educational compensatory support. Third, among the organizational support of container terminal operators, emotional support and educational compensatory support were found to have a partial moderating effect on the relationship between organizational trust and organizational citizenship behavior." Emotional support has a moderating effect on caring and active participation behaviors in the relationship between trust in the company and organizational citizenship behaviors, and a moderating effect on caring, active participation, and non-complaining behaviors in the relationship between trust in superiors and organizational citizenship behaviors. It was analyzed that there is Compensatory educational support has a moderating effect on altruistic, caring, active participation, and non-complaining behavior in the relationship between trust in the company and organizational citizenship behavior. It was analyzed that there was a moderating effect on active participation and non-complaining behavior. These analysis results mean that members' trust in the company further increases through the container terminal operator's emotional support and educational reward support. As uncertainty grows, it is very important to increase the trust of organizational members in the organization. sense of belonging to the organization, Emotional support that can increase immersion, improvement of work environment, provision of educational opportunities, and education-compensatory support such as a fair compensation system will increase organizational trust and induce effective organizational citizenship behavior to realize sustainable growth of the organization.

A Study on Human Rights in North Korea in terms of Haewon-sangsaeng (해원상생 관점에서의 북한인권문제 고찰)

  • Kim Young-jin
    • Journal of the Daesoon Academy of Sciences
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    • v.43
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    • pp.67-102
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    • 2022
  • The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.