• Title/Summary/Keyword: 책임과 의무

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Characteristics of the Duty of care of a Good Manager according to the Construction Manager's Task (건설사업관리자의 수행업무에 따른 선관주의의무 특성)

  • Chung, Young-Ho;Lee, Sang-Beom;Park, Hyun-Jung;Cho, Hyeong-Jin
    • Korean Journal of Construction Engineering and Management
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    • v.13 no.1
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    • pp.36-43
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    • 2012
  • When the construction management method was introduced, there were arguments regarding the contractual responsibility of the construction manager. Accordingly, the provisions on damage compensation in the Construction Technology Management Act were revised in 2002, and the obligatory duty of care of a good manager is now required by the Framework Act on the Construction Industry. Even though the construction manager has a responsibility of a consultant in the CM-for-fee contract, however, the Korean construction environment does not clearly specify the consultant's scope of responsibility. In this study, the theory about the duty of care, which is a consultant's responsibility among the expert's responsibilities, was arranged. Based on the responsibilities of experts such as lawyers, the duties of care of a good manager of the construction manager were presented to provide the foundation for establishing the construction manager's responsibilities. To verify the resulting items, interviews with experts were performed to assess their importance levels.

Two Face of Citizenship Discourse - Reinterpretation of Social Citizenship of Marshall - (시민권 담론의 두 얼굴 - Marshall의 사회적 시민권에 대한 재해석을 중심으로 -)

  • Seo, Jeong-hee
    • Korean Journal of Social Welfare Studies
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    • no.39
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    • pp.147-165
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    • 2008
  • This Study analysis two features of social citizenship in the period of rights revolution. Discousive arguments are derived from different reinterpretations of social citizenship of Marshall. Some insist that main idea of welfare state is rights of social citizenship and the other insist that social rights is realized after doing duty. Especially the latter emphasis work obligation in which individual responsibility and duty, these discussion underlie wokrfare policy. This reserch examine two contrary discourses based on Marshall's theory, and make a close inquiry into correct interpretation about Marshall. New rights, the Conservative party and New Labour seek for ground on Marshall's citizenship theory, but these are distortion on it. Marshall insisted that citizenship constituted rights and duties but he claimed that discharge of a duty isn't precondition of the exercise of the right.

정보통신서비스제공자의 정보보호의무

  • 박영우
    • Review of KIISC
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    • v.12 no.4
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    • pp.88-93
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    • 2002
  • 오늘날 인터넷 등 정보통신망의 이용이 보편화 되면서 우리는 바야흐로 정보 및 정보시스템이 없는 생활을 생각할 수 없는 이른바 정보사회에 살고 있다. 정보사회에서는 정보가 중요한 생산수단이 되며 또 경제적 가치를 갖는다. 따라서 정보를 제대로 보호하고 또 정보가 안전하게 처리, 이용될 수 있는 환경을 마련하는 것이 중요한 국가, 사회적 과제가 된다. 이에 각 정보주체가 자신의 정보와 시스템을 내, 외부의 위협으로부터 보호할 일차적 책임을 진다. 그러나 정보통신서비스제공자는 자신의 정보와 시스템을 보호하는 정보주체로서의 일차적 책임 뿐만 아니라, 기업이나 개인과 같이 타인의 정보통신을 매개하는 사업자로서 송수신 또는 처리되는 타인의 정보를 적절히 보호하여야 할 의무가 있다. 현행 법률을 중심으로 정보통신서비스제공자의 정보보호의무의 개념과 성격 그리고 그 구체적인 내용을 살펴보았다.

Liability for Damages Due to Violation of Supervisory Duty by the Legal Guardian of the Mental Patient (정신질환자 보호의무자의 감독의무 위반으로 인한 손해배상책임 -대법원 2021. 7. 29. 선고 2018다228486 판결의 검토-)

  • Dayoung Jeong
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.133-170
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    • 2022
  • Supreme Court 2018Da228486, on July 29, 2021, ruled Article 750 of the Civil Act as the basis for liability for damages due to the violation of the supervisory duty of the responsible mental patient. This judgment recognizes that the legal guardian is liable for tort due to neglect of the responsibility of supervision under Article 750 of the Civil Act because the duty of protection bears the duty of supervision over the mental patient under the law. However, unlike the case of Article 755 Paragraph 1, which explicitly requires a legal obligation to supervise, Article 750 only stipulates general tort liability. Thus, to admit tort liability under Article 750, it is not necessary that the basis of the supervisory duty by the law. In this case, the supervisory duty may also be acknowledged according to customary law or sound reasoning. The duty of supervision of a legal guardian is not a general duty to prevent all consequences of the behavior of a mental patient but a duty within a reasonably limited scope. Therefore, the responsibility of the burden of care should be acknowledged only when the objective circumstances in which it is appropriate to hold the legal guardian for the acts of the mental patient are admitted. Under the Act on the improvement of mental health and the support for welfare services for mental patients, a legal guardian cannot even be granted the supervisory duty to prevent the mental patient from harming others.

A Study on the Effect of Expansion of Responsibilities and Obligations for Construction Accidents on Improvement of Safety Management System (건설재해 책임 및 의무 확대가 안전관리시스템 개선에 미치는 영향에 관한 연구)

  • Park, Young Sang;Park, Jong Young;Kim, Young Yong
    • Journal of the Society of Disaster Information
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    • v.18 no.2
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    • pp.314-323
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    • 2022
  • Purpose: To study the effect of the amended Occupational Safety and Health Act on the expansion of the employer's responsibility and obligations and the evaluation of the employer on the improvement of the safety management system. Method: An academic discussion was conducted by comparing the contents of previous studies with the analysis results. A questionnaire was prepared using the measurement tools collected from previous studies, and statistical multiple regression analysis was performed with the collected data. Result: Research hypothesis It was found that the expansion of responsibility and obligations of the business owner and the reinforcement of the employer's evaluation of the ordering party had a positive (+) effect on the improvement of the safety management system. Conclusion: The expansion of the responsibility and obligations of the employer and the strengthening of the evaluation of the owner of the orderer are having a positive effect on the improvement of the construction safety management system for the prevention of construction accidents.

The Precaution Duty and the Product Liability for Adverse Reactions to the Contrast Media (조영제 부작용에 대한 주의의무와 제조물책임)

  • Kang, Yeong-Han
    • Journal of radiological science and technology
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    • v.30 no.4
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    • pp.305-311
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    • 2007
  • Contrast medium is a useful drug for radiological examinations and usability of it gradually increases while it has some inevitable adverse reaction and it is difficult to predict the occurrence and the degree of adverse reactions. Although the patient consented permission for the use of contrast media, the hospital could not be exempted from the responsibility for the adverse contrast media reaction. During radiological contrast media examination, the radiologist and the contrast media producer have the duty of precaution, prediction and avoid adverse results. In addition, they have reliabi lity of patient remedy for neglecting the duty. Since contrast medium are manufactured or processed as movable properties, the manufacturers are bound to the product liability if damages occur due to the defects in pharmaceuticals. In consideration of the characteristics of product liability, it is necessary to demand high degree of duty of care and diligence from producer or to reduce patient's burden of proof in a product liability lawsuit. For securing compensation ability and liability implementation, products compensation liability insurance is required for contrast medium manufacturers. In conclusion, contrast medium producer has legal liability for adverse reactions and the contract concluded with producer and hospital including legal liability will reduce liability of hospital and radiologist, patient.

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Contemplation of Scientist's Social Role, Responsibility and its Educational Methods (과학자의 사회적 역할과 책임 및 교육 방법에 대한 고찰)

  • Choi Kyung-Hee
    • Journal of Science and Technology Studies
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    • v.5 no.2 s.10
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    • pp.49-67
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    • 2005
  • With increasing interest on scientists and the influence of science technology, their role in the modem society has been expanding. Scientists work in the laboratory as researchers, work in their expertise area as professionals, and work socially as social agents. Scientists are responsible to keep up the regulations during the research, and also are responsible for the results of the research. Therefore, there is a need of contemplation in terms of what their identity is and what their responsibilities are. Despite of this need, there hasn't been much discussion or education on the scientists social role or responsibilities as of now. This study purported to contemplate on the scientists role and responsibility, its qualification, and what it means to be a scientist as a social agent. Also the study further explored the efficient educational strategies and methods relevant to the contemplated issues.

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