• Title/Summary/Keyword: 조항

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A Study on the Implementation of Law Information Retrieval System (법령 정보검색 시스템 구현에 관한 연구)

  • Min, Jae-Hong;Cho, Pyung-Dong;Yang, Jin-Hyuk;Park, Pyung-Koo;Chung, In-Jeong
    • The Transactions of the Korea Information Processing Society
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    • v.7 no.11S
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    • pp.3702-3713
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    • 2000
  • Telecommunications standards have two different types of regulations: one is a law. enacted by government which all telecommunications related industries must observe. The other is a recommendatory standards. formulated by either government agency or some standardization organizations. Observation of these standards is not obligatory. However, technical standards are strict laws and ordinances based on common judgement and various conditions for evaluation of levels and limits. This paper deals with enhancing productivity of enactment and revision of technical standards. Through database of above related information we secure information continuity and public property of cyber space for the public. In this paper. we also classify recent data within the website in and out of the country offering four different methods of information retrieval and management system. The four retrieval methods suggested in this paper are itemized keyword retrieval. hierarchical retrieval, regulatory keyword retrieval and chronological keyword retrieval. These various retrieval methods provide the public with information of enactment and amendment of laws and regulations in the cyber space. thereby guarantees the sharing of information. Finally the important feature of the information retrieval system implemented in this paper is the online updating capability of law and regulations through the internet.

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The Legal Issues of Private Investigation Service in WTO/FTA System : Study of South Korea (WTO/ FTA 체제에서 민간조사업의 법적문제)

  • Ko, Ji-Hoon;Park, Hyeon-Ho
    • Korean Security Journal
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    • no.27
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    • pp.161-195
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    • 2011
  • As crimes have increased to an extent that the police cannot cope with, there have been continuous discussions for the introduction of Private Investigation (hereafter PI) in Korea. However, attempts to legislate for the introduction of PI have failed every time PI bills for the introduction of PI were proposed. This was fundamentally because arguments both for and against the introduction of PI were sharply divided depending on the priorities. However, regardless of those clash of views, an apparent need for the legislation of PI service has arisen. As Korea opens its service market to other countries through GATS and FTAs, currently existing domestic PI law has been found to be inconsistent with international agreements such as GATS and KOREA-US(KORUS) FTA. This paper found that the Act on Usage and Protection of Credit Information which regulates PI service is inconsistent with the Article 12.4(a)(i) and (iii) of KORUS FTA and the Article 7.11 and the Article 7.13 of KOREA-EU FTA. If Korea does not modify the existing laws and establish new laws in relation to PI, such inconsistencies could lead to international trade disputes which could amount to billions of dollars. In this regard, the passage of the PI bill is necessary.

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Analysis of Factors of IRRs and Spread on Korea's BTO Projects (우리나라 민간투자사업의 수익률과 가산금리의 결정요인 분석)

  • Ju, Jae-Hong;Ha, Heon-Gu;Park, Dong-Gyu
    • Journal of Korean Society of Transportation
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    • v.28 no.2
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    • pp.135-150
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    • 2010
  • This paper focuses on finding out which covenants are different among the concession agreements of Korean BTO projects and how these influenced IRR(Internal Rate of Return). That is, to figure out the political and economical determinants of IRR by analyzing the concession agreements which are the basic contract of implementing projects. As IRR is an index of profitability, so spread is an indicator of risk to collect debts. That's the reason why the analysis of spread is included. For the empirical analysis, the data of concession agreements for 75 projects and financial models are used. These 75 concession agreements are contracted from 1995 to 2008. The dependent variables are after tax nominal IRR and the spread of long term interest rates of 75 BTO projects. The independent variables are project's proceeding factors, the feasibility variables, the variables related to financial character and the variables related to covenants or the government's policy. The analysis shows that IRR has been influenced by the equity level of financial investors, the national government managed projects, the projects with minimum revenue guarantee (MRG), etc. And the equity level of financial investors, the national government managed projects and the implementation of supplementary project have an effect on spread also.

A Study on Compensation for Damage in Civil Litigation of Japanese Long-term Care Facilities (개호사고에서 손해배상책임에 관한 연구 -일본의 판례를 중심으로-)

  • Jeong, Da-Young
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.173-207
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    • 2018
  • Japan is a super-aged society where the proportion of the people aged over 65 is exceeded 20%. Therefore, there are many accidents that occur in long-term care facilities in Japan, and there are many civil litigations. The Japanese court has acknowledged in many cases that the long-term facility is responsible for the damage to the elderly who is injured in the facility. The cases can be divided into ① tumbling down, ② wandering, ③ suffocation, ④ bedsore, and ⑤ accidents among the facility-users. In most cases, the court found that the facility violated its obligation to protect their users. This is not only the case where the manager or the employee of the facility violates the obligation to watch and care for the elderly, but in some cases, the failure to maintain the human and material system itself is recognized. The basis for such judgment is whether the facility can predict the possibility of an accident and whether the facility has taken measures to prevent accidents. Also, the Japanese court recognizes the transfer of burden of proof in order to expedite the victims' rights. However, the liability of the facility for damages should not be so heavy that it would be hesitant to allow a person to enter the facility and make a contract.

A Clonorchis sinensis-specific antigen that detects active human clonorchiasis (간흡충 현증감염 특이항원)

  • 김석일
    • Parasites, Hosts and Diseases
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    • v.36 no.1
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    • pp.37-46
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    • 1998
  • A Czonorchis sinensis-specific antigen in excretory-secretory product of C. sinensis (CsE) was assessed in human clonorchiasis by immunoblot. Thirty and 7 kDa antigens of CsE2, one of four different batches of CsEs reacted strongly with infection sera from clonorchiasis patients; however, the antigens reacted weakly with 6-month post- treatment sera from praziquantel-cured cases, but were still highly detected by the sera from praziquantel∼failed patients, indicating that the 30 and 7 kDa antigens can detect antibodies during an active infection. The 30 kDa antigen showed some cross reactions with sera from patients with Pcragonimus westemani and Metcfonimw vokogcujci, while the 7 kDa antigen did not, suggesting that the 7 kDa antigen has high specificity. The 30 kDa antigen reacted with some past clonorchiasis sera, whereas the 7 kDa antigen did not, supporting that antibodies to the 7 kDa antigen are not present in sera from past clonorchiasis patients. In an endemic area, 92% (23/25) of active clonorchiasis patients and 91% (10/11) of mixed infection patients with C. sinensis and M. Wokosawai had IgG antibodies to the 7 kDa antigen, while 40% (6/15) of past clonorchiasis individuals and 43% (3/7) of metagonimiasis patients cross-reacted to the antigen. These data suggest that the 7 kDa antigen in an excretory-secretory antigen may serve as a marker of an active clonorchiasis with reliable specificities in past clonorchiasis, paragonimiasis and metagonimiasis.

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Die politische Diskussion des Patientenrechtegesetzes in Deutschland und die wesentliche Regelungen (독일의 환자권리법에 대한 입법정책적 논의와 중요내용)

  • Kim, Ki-Young
    • Journal of Legislation Research
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    • no.44
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    • pp.465-485
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    • 2013
  • Mit dem Patientenrechtegesetz, das im $Fr{\ddot{u}}jahr$ 2013 in Kraft treten soll, $f{\ddot{u}}rt$ der Gesetzgeber eine jahrzehntelange Diskussion um die Rechte von Patientinnen und Patienten zu einem guten Ende. Demnach geht es darum, Transparenz ${\ddot{u}}ber$ die bereits heute bestehenden, umfangreichen Rechte der Patientinnen und Patienten herzustellen, die $tats{\ddot{a}}chliche$ Durchsetzung dieser Rechte zu verbessern, zugleich Patientinnen und Patienten im Sinne einer verbesserten Gesundheitsversorgung zu $sch{\ddot{u}}tzen$ und insbesondere im Fall eines Behandlungsfehlers $st{\ddot{a}}rker$ zu $unterst{\ddot{u}}tzen$. In Verfolgung dieser Zwecke $schl{\ddot{a}}gt$ die Bundesregierung ein Artikelgesetz vor, dessen wesentliche Teile das BGB und das Recht der sozialen Krankenversicherung betreffen. In das BGB soll ein neuer Abschnitt ${\ddot{u}}ber$ den "Behandlungsvertrag" $eingef{\ddot{u}}gt$ werden. Als Standort ist der ${\ddot{U}}bergang$ vom Dienstin das Werkvertragsrecht vorgesehen, der um die neu zu schaffenden Vorschriften der ${\S}{\S}$ 630 a bis 630 h BGB erweitert wird. Die acht Paragrafen enthalten im Kern eine Kodifikation der von der Rechtsprechung entwickelten $Grunds{\ddot{a}}tze$ zur Arzthaftung. Der Beitrag stellt die bisherige politische Diskussion des Patientenrechtegesetzes vor (II). Im Anschluss daran wird die einzige wesentliche Neuerung des Gesetzes $n{\ddot{a}}her$ untersucht und werden Regelungsziel und Grundkonzept der Kodifikation einer $Pr{\ddot{u}}fung$ unterzogen (III). $Schlie{\ss}lich$ werden einen politischen Ausblick auf die neuen Herausforderungen und die Bewertung der $gegenw{\ddot{a}}rtigen$ Lage und der erwarteten Entwicklung gezogen (IV).

Systematic Improvement for Effective Operation of Long-Term Continuous Construction Contracts (장기계속공사계약의 효율적 운영을 위한 제도 개선)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.6
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    • pp.3-10
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    • 2019
  • The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

A Study on the Effective Implementation of a Marine Incident System (준해양사고제도의 효율적 이행을 위한 개선방안에 관한 연구)

  • Chae, Byeong-Geun;Lee, Ho;Kim, Hong-Beom;Kang, Suk-Young
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.4
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    • pp.398-407
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    • 2018
  • Standard guidelines for marine accident investigation have been prepared through the enforcement of the Casualty Investigation code as of January 2010. In addition, as the International Maritime Organization (IMO) recommended contracting the state to manage a marine incident system established under this code, Korea also has newly established provisions for a marine incident system in the 'Act on the Investigation of and Inquiry into Marine Accidents' also as of 2010. The Korean Maritime Safety Tribunal (KMST) has made a multilateral effort to prevent marine accidents through the efficient operation of a marine incident system, but this system has not been properly activated. This study examines the operational status and problems of a marine incident system and analyzes the marine incident systems of foreign countries and similar transportation agencies such as railroads and aviation. Options include switching to voluntary reporting of marine incidents, transferring responsibility to a non judicial private organization, expanding incentive systems for a marine incidents, revising regulation and preparing detailed implementation guidelines.

Cardiac Toxicity in Patients with Antidepressant Intoxication (항우울제 중독환자의 심장독성에 관한 연구)

  • Park, Jung-Taek;Choi, Se-Min;Oh, Young-Min;Oh, Joo-Suk;Kyoung, Yeon-Young;Cho, Hang-Joo;Choi, Kyoung-Ho
    • Journal of The Korean Society of Clinical Toxicology
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    • v.8 no.2
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    • pp.97-105
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    • 2010
  • Purpose: Although cardiac toxicity is a key parameter of significant toxicity, in antidepressant intoxication, there are few studies on the cardiac toxicity of serotonin reuptake inhibitor and the intoxication with the new generation of antidepressants. The aim of this study is to investigate the relative cardiac toxicity of serotonin reuptake inhibitor and intoxication with the new generation of antidepressants as compared with that of tricyclic antidepressant intoxication. Methods: We retrospectively reviewed the medical records of 109 antidepressant intoxicated patients who visited the Emergency Department from January, 2005 to December, 2009 to collect and analyze the demographic and clinical data. Sixteen patients were excluded. The enrolled seventy eight patients were classified into three groups: the tricyclic antidepressant group (TCA) (n=32), the selective serotonin reuptake inhibitor subgroup (SSRI) (n=28) and the new generation antidepressant subgroup (NGA) (n=18). Results: The demographic and clinical data of the SSRI and NGA groups were not significantly different from that of the TCA group. The QRS duration of the SSRI subgroup ($86.4{\pm}12.0$ msec) and the NGA subgroup ($91.8{\pm}11.9$ msec) was not significantly different from that of the TCA group ($90.0{\pm}13.5msec$) (p=0.598). The QTc interval of the SSRI group ($444.5{\pm}33.5msec$) and the NGA group ($434.9{\pm}35.9msec$) (p=0.260) were not significantly different from that of the TCA group ($431.2{\pm}44.1msec$) (p=0.287). Conclusion: Intoxication with SSRI and the new generation antidepressants seemed to show significant cardiac toxicity, like what is seen in tricyclic antidepressant intoxication. Clinicians must pay attention to SSRI and new generation antidepressant intoxication.

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Safety Risk Management Policy of United States small unmanned aerial system (미 소형 무인비행체계의 안전성 위험관리 정책)

  • Hong, Jin-Keun
    • Journal of Convergence for Information Technology
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    • v.11 no.9
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    • pp.35-42
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    • 2021
  • The purpose of this paper is to review the small unmanned aerial system (sUAS) safety policy promoted by the United States(US) government. Therefore, in this paper, along with sUAS risk factors, the risk factors of sUAS that the US government is interested in are described. In addition, the risk factors were classified into physical and non-physical factors, and provisions mentioned in the Federal Aviation Administration(FAA) Relicensing Act were reviewed. Other risk scenarios were analyzed focusing on target scenario items that the FAA is interested in, such as flight operation disruption, infrastructure damage, and facility trespassing. Of course, we looked at the risk management principles promoted by the US FAA. In this paper, as a research method, the direction and contents of the FAA's sUAS policy were studied and reviewed from the analysis of major foreign journals and policy. In the research result of this paper, by analyzing the FAA sUAS safety risk management policy, the integrated operation and safety policy, physical risk management policy, operation and safety regulation, and sUAS policy and technology direction necessary for establishing the sUAS safety risk management guide in Korea are presented. The contribution of this study is to identify the leading US sUAS safety policy direction, and it can be used as basic data for deriving future domestic policy directions from this. Based on the research results presented in the future, policy studies are needed to derive detailed implementation plans.