• Title/Summary/Keyword: 직업금지

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A Study on Act on Certified Detective and Certified Detective Business (공인탐정 관련 법률(안)의 문제점과 개선방안에 관한 연구)

  • Kim, Bong-Soo;Choo, Bong-Jo
    • Korean Security Journal
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    • no.61
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    • pp.285-305
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    • 2019
  • In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

A Limit of the Prohibition of Ar ticle Type Medical Advertisement (금지되는 기사성 의료광고의 한계)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.13 no.2
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    • pp.141-178
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    • 2012
  • Korea's medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists' opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.

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Perception of Undergraduate Environmental Education Program Students of Hangu University on Their Career Prospect and Career Preparation (항구대학교 환경교육과 학생들의 진로전망인식과 진로준비 고찰)

  • Ahn, Sun-Young;Lee, Yong-Hwan;Yang, An-Na;Kum, Ji-Hun
    • Hwankyungkyoyuk
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    • v.21 no.1
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    • pp.82-96
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    • 2008
  • The primary purpose of this research is to examine the career development of under-graduate environmental education program students. More specifically, it intends to understand how they perceive their career prospect, how they prepare for they career and what kind of career development assistance they receive from their school. For most of college students, a primary purpose for attending college is to prepare for a career, but often academic preparation in college is not enough to get the job they aspire. Career preparation becomes even more complex when their major does not dictate any specific career path or when the major does dictate a specific career path but it does not provide sufficient and quality job opportunities. Undergraduate environmental education programs are typical examples of the latter. To illuminate the understanding of the context surrounding undergraduate environmental education program students, semi-structured interviews were conducted through an instance message software program from August 17th, 2007 to August 20th, 2007. The subjects of this study consisted of 4 undergraduate students and 2 graduates of Hangu University (a tentative name). Each participant was interviewed once or twice for about 2 hours each interview. The findings of the study are as follow. First, they maintain a positive attitude regarding the career outlook and the career decision but it is not well founded. Second, career search and career preparation are conducted individually, and their school does not provide much systematic career assistance. Third, they did not see the relevance of the curriculum of their program to their future career. A few preliminary implications for practices related to career development may be drawn from the findings reported in this study. First, undergraduate students in environmental education programs appear to be in need of comprehensive career development assistance ranging from exploration of job opportunities related to majors, to development of job-seeking skills, to general issues of career preparation and choice. Experiential modes of career exploration seem to be helpful in clarifying their interest and aptitude in the area of environmental education. Second, career development assistance for these students should start at early college years. Third, these students may need help in exploring diverse opportunities related to their major as well as other academic areas. Finally, it is recommended to create more careers in the area of environmental education.

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A study on specialized hospitals and allowed range of internet advertisement (전문병원 지정제도와 인터넷 의료광고의 허용범위)

  • Lee, Byung-Jun
    • Journal of Legislation Research
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    • no.53
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    • pp.375-418
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    • 2017
  • Recently, a specialized hospital designation system has been introduced. In this regard, it is a question of whether a hospital can be searched by using the term 'specialized hospital' or 'specialized' in Internet online search. In this paper, it was examined whether there is a possibility that the medical institution might be mistaken as a specialized hospital designated by the Ministry of Health and Welfare when the concept of 'specialized hospital' or 'specialized' was used in advertisements. The name specialized hospitals can basically have three general meaning. So, if there is a possibility of confusion or misunderstanding in connection with this general meaning, it may be false advertising. The use of concepts other than these general meanings in law does not mean that general meaning disappears from consumer perception. Therefore, although the concept of a specialized hospital in the medical service act is defined in a special sense, the meaning of the specialized hospital should also be considered according to general recognition. In conclusion, the "Guideline for Specialized Hospital Advertising" prepared by the Ministry of Health and Welfare shows that the establishment of a wide range of prohibition limits the freedom of expression of medical institutions. In addition, the comprehensive prohibition of search terms such as 'specialized', and 'advanced' prevents consumers from freely searching for medical institutions with expertise. These guidelines, which are being deprived of the opportunity for professional medical institutions to advertise themselves appropriately, must be thoroughly reviewed.

A study on the Institutionalization of Speech-to-text Services for the Deaf People (난청인을 위한 문자통역서비스 제도화 연구)

  • Chun, Dong-Il;Seo, Jeong-Min
    • Journal of Digital Convergence
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    • v.15 no.4
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    • pp.53-63
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    • 2017
  • The purpose of this study is to look at the way that speech-to-text (STT) services are used at present, and to explore measures to institutionalize such services for ease of communication for the hearing impaired. The results of this study show the following: 1) 17.8% of those surveyed had experience of using STT services, with younger individuals showing a higher rate of use; and 2) In terms of organizations providing STT services, social welfare organizations followed by civic groups (18.3%) and public organizations (18.3%). The following institutional measures are needed for STT services. First, STT services should be actively promoted as one of the reasonable conveniences defined in the 'Act on the Prohibition of Discrimination Against Disabled Persons, Remedy Against Infringement of Their Rights, etc.' Second, STT services should be additionally listed as one of the clauses of the 'Act on Welfare of Persons with Disabilities'. In particular, establishing a communication system for those with hearing impairments should serve as a catalyst for integration with sign language interpretation and welfare services. If STT services for face-to-face contacts can be improved or further enhanced using ICT, it will not only open the way for a new influx of disabled workers to join vocational rehabilitation, but also help to improve quality of life for the hearing impaired.

Some Suggestions for the improvement of preservation and management of diplomatic records (외교문서 관리제도의 개선 방향)

  • Jeon, Hyun-Soo
    • The Korean Journal of Archival Studies
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    • no.13
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    • pp.205-231
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    • 2006
  • My suggestions in this paper come out of the review of the records on the Korean-Japanese negotiations(1952-1965). Before January 2002, the enforcement of the public records law, we had a poor management system of the diplomatic records. For a long time the diplomatic records of Korean government has not been preserved and managed according to the international and professional standards. So many important records have been probably lost and unsuitably classified, preserved for the future use. By the coming of public records law this deplorable situation in the management of diplomatic records has been much improved. However the registration, classification, compilation, based on the principle of provenance were not so sufficiently realized. It is now very urgent to employ more archivists in the relevant governmental institutions and organizations, and to introduce the concept of record group for the management of diplomatic papers. Also at the preparatory work for the publication of the diplomatic papers it is strongly needed to make a room for the participation of the civil experts such as historians, archivists and political scientists. In the case of publication of the Korean-Japanese papers it is also necessary to take the relevant American and Japanese governmental records on Korean-Japanese negotiations and private records of the actors of the times into account. Moreover it must be also seriously considered to start a big project for the elaborate edition of the important records of the foreign policy of the nation.

Critical Review and Alternatives to the Decriminalization of Tattooing (문신시술의 비범죄화에 대한 비판적 검토와 대안)

  • Shim, YoungJoo;Lee, Sang-Han
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.149-176
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    • 2022
  • South Korean law strictly prohibits engagement in medical activities by non-medical practitioners. In the country, tattooing is classified as a medical practice, and non-medical practitioners who engage in it are penalized because they are unauthorized to carry out this procedure. In reality, however, people rarely seek tattooing services from medical personnel. Arguing that their freedom of job selection is violated, non-medical personnel who make a living as tattoo artists reject the characterization of the procedure as a form of medical treatment and demand the decriminalization of tattooing by non-medical practitioners. Nevertheless, tattooing can cause health- and hygiene-related dangers when it is not performed by medical professionals because it involves penetration into the skin using needles. Hence, stringent management is necessary for infection prevention. The gap between reality and the law gives rise to the need for proactive thinking about the institutionalization of tattoo practice by non-medical personnel. Policymakers should reflect on the fact that only minimal tattooing services are currently performed by medical staff while also accounting for health and safety. On this basis, this study examined tattoo-related legislation in South Korea to determine whether the procedure corresponds to medical practice and identify ways to solve problems that occur from the perspective of health care. As a response that promotes safety and reflects reality, this research proposed a three-phase approach.

Der Begriff der Heilkundeausübung nach deutschem Medizinrecht (독일법상 의료행위 개념)

  • Seok-Bae Lee
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.3-31
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    • 2023
  • Der Begriff der Heilkundeausübung ist im positiven Recht in Korea nirgends festgelegt. Der wurde jedoch indirekt durch die Auslegung der Heilkundeausübung ohne Erlaubnis gemäß § 27 Abs. 1 des "Medizingesetzes" geregelt. In der Vergangenheit beschränkte der kOGH(the Supreme Court of Korea) die Heilkundeausübung auf die "Behandlung von Krankheiten und stellte fest, dass "medizinische und technische Maßnahmen, die keine pathologischen Symptome oder Funktionsdefizite im Körper voraussetzen, nicht zur Heilkundeausübung gehören." Danach änderte der kOGH seine Rechtsprechung auf "Vorbeugung oder Behandlung von Krankheiten durch Durchführung ärztlicher Untersuchungen, Optometrie, Verschreibung, Medikation oder chirurgischer Eingriffe auf der Grundlage von Erfahrung und Fähigkeiten, die auf medizinischem Fachwissen basieren, und anderer Gesundheitsfürsorge, definiert "medizinische Maßnahmen" als "eine Handlung, die eine gesundheitliche Gefahr darstellen kann, sofern diese nicht von einem Mediziner durchgeführt wird". Der Begriff der Heilkundeausübung in der Rechtsprechung ist einerseits zu abstrakt und kann eine Leerformel sein, andererseits kann seine Einschränkung eine Gefahr für die öffentliche Gesundheit erbringen. Daher besteht Bedarf an einem Kriterium, das dar derzeitige Begriff der Heilkundeausübung entsprechend dem gesetzgeberischen Ziel reduzieren kann, das Risiko für das Leben, den Körper oder die öffentliche Gesundheit von Menschen zu verhindern, das durch die Durchführung medizinischer Arbeiten durch nichtmedizinisches Personal entstehen kann. Um ein Kriterium vorzustellen, das das aktuelle Konzept der Heilkundeausübung reduzieren kann, werden in diesem Artikel das positive Recht, Theorien und Rechtsprechung zum Begriff der Heilkundeausübung in Deutschland untersucht und nach einer Alternative gesucht.

Community Dwellers' Perception of Past Life Recollection and Preparation for Death (서울시 일 지역 주민의 인생회고 및 죽음준비 인식)

  • Kang, Kyung-Ah;Lee, Kyung-Soon;Park, Gang-Won;Kim, Yong-Ho;Jang, Mi-Ja;Lee, Eun
    • Journal of Hospice and Palliative Care
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    • v.14 no.2
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    • pp.81-90
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    • 2011
  • Purpose: This study is to understand how community members perceive past life recollection and preparation for death. Methods: Using a questionnaire, we surveyed 160 adult residents of one of the districts (gu) in Seoul, Korea. Descriptive statistics were used. Results: Participants chose their 30s and 40s as the most difficult time in their lives. The most painful experience was "an illness of a family member", followed by "trouble with a spouse", and "trouble with children". As for the most difficult social experience, "sense of loss in life" was ranked the highest. Personally, the happiest time was "accomplishment of a goal", while it was "happiness through children" in family relationship and "contribution to society through my career" in social life. As for the most regrettable experience, personally "having lived without purpose" was the highest, "not meeting my parents' expectation more" in family relationship; "not providing sufficient education" in relationship with children; "not having an occupation that I wanted" in work life, and "lack of social skills" in social life. More than 87% of the surveyed showed a positive attitude about the system of the do not resuscitate (DNS) order. For a situation where participants were supposed to have an incurable disease, "I want to be notified of the true condition" and "I want to write a will and advanced directives" ranked high, receiving more than 3.1 points out of 4. Conclusion: These results demonstrate the need for death education to provide people with an opportunity to accept their regrettable experiences in the past as part of their life. Also, this study suggests the importance of writing advanced directives for people to prepare for "death with dignity" how it can help their decision to be better respected.

A Survey on Housewives' Consumption Pattern and Nutrition Knowledge about Vegetables (주부의 채소 소비형태 및 영양지식에 대한 연구)

  • Kang, Keum-Jee;Chung, Mi-Sook
    • Journal of the Korean Society of Food Culture
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    • v.10 no.5
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    • pp.377-390
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    • 1995
  • This study was to investigate the consumption pattern and nutrition knowledge about vegetables of 184 housewives attending the school of adult and continuing education attached to DukSung Women's University. The results were summarized as follows; the average vegetable expenses were $10,000{\sim}20,000$ won per week. The frequency of purchasing vegetables was $2{\sim}3$ times a week. Respondents usually bought the vegetables at local markets and supermarkets. As for buying vegetables, all of respondents kept in mind all the time the organic vegetables were better. The price was the most important factor of their purchase in the low income households. In the family, the vegetable dishes were favored by housewives most and by sons least. Among the vegetable cooking methods, Kimchi was the most frequently used and salad was the least. Forty four percent of the respondents experienced purchasing ready made vegetable dishes in the market. The reason they bought ready made ones was the special taste of the dishes. The rest of respondents never bought cooked vegetable dishes because they thought the dishes unsanitary. Twenty seven percent of the respondents experienced purchasing. The reason for not purchasing Kimchi was the housewives' traditional prejudice of buying Kimchi in the market. Respondents have a considerable knowledge that 42 kinds of vegetables could be good for certain disease and 10 kinds of vegetables might be harmful for certain disease.

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