• Title/Summary/Keyword: 피해자 지원

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A Study on the compensation regime and response cost for oil pollution in Korea and advanced country (선진국과 우리나라의 유류오염 방제비용 및 피해보상제도에 관한 연구)

  • Kim, Du-Ho;Im, Taek-Soo;Na, Eun-Young;Kim, Han-Gyu
    • Proceedings of KOSOMES biannual meeting
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    • 2006.11a
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    • pp.175-179
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    • 2006
  • With the rapid development of oil and chemical industry in the late 20C, massive transportation of oil by oil tanker vessel has grown and it caused the big oil pollution accidents. When oil spill from the oil tanker, damages reach into the astronomical figures in economically and damages affect wide area and many people with break the balance of ecosystem. Recently in Korea, the oil pollution accidents has occurred frequently as growing of oil consumption and it caused large-scale damages to the victim. Oil pollution in Korean offshore takes not only korean fishermen from their life ground and break the ecosystem but it takes too much time and money to recover. To minimize oil pollution damages, it is necessary to make pre-caution effort as a ship owner and relevant government bodies should endeavor to prevent from more damages. But once oil pollution accidents occurs in territorial sea, compensation for victim fishermen is very important. But it is true that compensation is not paid to victim smoothly. So this study aims at the problems of oil pollution compensation to the Korean victim and find the best way to get reasonable compensation.

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A study on the actual conditions of digital sex crime policies in major countries and issues and direction of the sex crime policy in Korea: case studies of the U.S., Australia, Japan, and Germany (해외 주요국 디지털 성범죄 정책 실태 조사를 통해선 본 국내 디지털 성범죄 대응방안의 한계점과 개선과제 고찰 : 미국, 호주, 일본, 독일 사례를 중심으로)

  • Kim, Hyejin
    • Journal of Digital Convergence
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    • v.18 no.8
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    • pp.85-95
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    • 2020
  • It is a newly defined concept of digital sex crimes as the sex crime pattern in Korea is integrated with digital technology. After examining the current status and response of digital sex crimes in Korea, legal and institutional gaps are identified.It is also aimed at drawing up appropriate responses to domestic situations compared to cases in major foreign countries. This study adopted the mode of literature research.It used related data from government agencies, various statistics and survey data, seminar data organized by the National Assembly office, women's organizations, and research reports. The ultimate goal is to derive the problem situation by analyzing the current system.The results of this study are to discuss digital sex crimes that are being expanded and reproduced by the development of digital media. It also points out that the legal vacuum caused by the law's failure to keep up with the law needs to be continued.Our conclusion is that we should actively accept best practices from abroad. In addition, it is necessary to create a community value in which all members of society become "monitors" in the recognition that they may be perpetrators or victims.

The Co-Occurrence of Domestic Violence and Child Maltreatment : Perspective from Child Protection Services (아동학대와 가정폭력의 중복발생 연구 : 아동보호서비스의 관점)

  • Kim, Kihyun;Kim, Yong-Hoi;Kim, Kyung-Hee
    • Korean Journal of Social Welfare Studies
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    • v.49 no.4
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    • pp.221-249
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    • 2018
  • This study examined the co-occurrence of child maltreatment and domestic violence in South Korea, using the administrative data from Korean Child Protection Services. Existing literature showed that the co-occurrence rate was high and that the co-occurrence was important in prevention and intervention for child maltreatment. However, few studies have investigated the co-occurrence of child maltreament and domestic violence in South Korea. None of the studies have examined the co-occurrence from the perspective of child protective services. This study analyzed the rate of co-occurrence among abusive families involved with Korean Child Protective Services and examined the relationship between domestic violence and child maltreatment. Results showed that 21.4% of the abusive families had also experienced domestic violence. Various characteristics(i.e., detailed abuse characteristics, psychosocial characteristics of perpetrators) differed between co-occurrence families and maltreatment-only families. Domestic violence was a significant predictor of child maltreatment, but the detailed relationships differed according subtypes of maltreatment. Based on the results, implications for theory and service integration between services for domestic violence victims and child protective services were discussed.

A Study on the Development of Remodeling (plan) by Deriving Temporary House Improvements (임시주거용 조립주택 개선사항 도출을 통한 리모델링(안) 개발 연구)

  • Lee, Ji-Hyang;Son, Myung-Chan;Kwon, Jin-Suk;Park, Sang-Hyun;Won, Jin-Yung
    • Journal of the Society of Disaster Information
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    • v.15 no.2
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    • pp.301-311
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    • 2019
  • Purpose and Method: In this study, a questionnaire interview survey was conducted for the victims living in the temporary house by the Pohang earthquake, and improvements were derived. Results: As a result, major improvements in terms of facilities are as follows. First, in order to expand the toilet and cooking space, the existing inner gate and the wall are removed and the width of the toilet is expanded. Minimize the inconvenience by adding a cooking table as wide as the extended toilet. Second, a separate sleep compartment is set up to secure storage space in a limited area. And the storage closet is installed below and used as a storage space. At this time, the size of the sleeping space is set to double bed size. Third, curtains and blinds are installed on both windows to secure privacy, thereby protecting privacy and psychological stability. Conclusion: If the remodeling of the temporary house proposed in this study is utilized and applied, it is possible to provide a better living environment. In addition, it is expected that it will be possible to improve the efficiency of space and overcome existing spatial limitations by minimizing inconveniences reflecting the needs of the victims.

Analysis on Policy Discourse of Female Traditional Musician in Joseon Era (문화정책 관점에서의 조선시대 여악에 대한 담론 연구)

  • Kwon, Youngji;Hong, Kiwon
    • 지역과문화
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    • v.6 no.3
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    • pp.29-53
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    • 2019
  • Korean traditional women artists are placed in dual suffering from unequal rights in terms of gender and misrecognition endowed by historical legacy. There has been no clear cut definition but interchangeable adoption of various terms such as Yeo-ak, Yeo-gi, and Gisaeng even in the study of music theory and history itself. Study on female musician has been mostly performed on the basis of music theory and history so that one sided discourse on female traditional artist has survived and aggravated its connotation during the colonial ages and modernization. Envisioning traditional female artist as instrumentalizing their body and status as artist resulted in crucifying victims of sexual harassment is one recent example. This study is an attempt to collect knowledge on the various layers of discourse about the status and role of female traditional artist. This is a first stage of analysis covering the period Joseon dynasty where original and official records regarding female traditional artists remains until today. The findings are that policy discourse are to be classified as politico-ideological layer, music theoretical layer, and socio-political layer. It is to be clarified in the future which layer has the most sustaining influence to the present and why.

Development of Korea eCall System and Effects Analysis through Integrated Demonstration (한국형 eCall 시스템 개발 및 통합실증을 통한 기대효과 분석)

  • Sangheon Kim;Youngsung Cho;Sunwoo Kim
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.23 no.1
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    • pp.61-81
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    • 2024
  • eCall system assists traffic accident victims by connecting emergency rescue institutions with accurate accident information, helping them to identify the on-site situation in the event of a traffic accident. The purpose of this paper is to develop a Korean eCall system that reflects the requirements of domestic emergency rescue institutions and to analyze the expected effects through an integrated demonstration. The results of an integrated demonstration indicated that the communication success rate between the eCall IVS and the call center was 99.25%, and the average location information error was 1.2 m. In particular, it has been confirmed that the average location information error is less than 21.6 meters, as assessed by the Korea Communications Commission when evaluating the accuracy of domestic emergency rescue location information. When the eCall system was introduced, it was confirmed that the time from traffic accidents to hospital arrival could be shortened by 3 m 38 s for highways and 1 m 22 s for general roads. By it to traffic deaths from 2005 to 2022, it was analyzed that the number of fatalities decreased by 82,662, resulting in a reduction of approximately social costs.

A Study on the Liability for Damage caused by Space Activity - With reference to Relevant Cases - (우주활동에 의하여 발생한 손해배상책임에 관한 연구 - 관련 사례를 중심으로 -)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.177-213
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    • 2011
  • The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

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A Geographical Study of Therapeutic Spaces after the Disaster of the MV Sewol in a Local Community (세월호 참사 이후 지역 커뮤니티에 형성된 치유의 공간에 대한 지리적 고찰)

  • Park, Sookyung
    • Journal of the Korean Geographical Society
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    • v.52 no.1
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    • pp.25-53
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    • 2017
  • The ultimate goal of this research is to examine the geographical characteristics of therapeutic spaces where have been appeared in Wa-dong and Gojan-dong, Ansan-si after the disaster of the MV Sewol. As looking into the inside, the aim of the therapeutic spaces, which cover each target group (victims) individually, is various and different because the disaster of the MV Sewol generated various direct and indirect victims requiring healing. The therapeutic spaces are estimated at about 10 organizations and are leaded by private agents predominantly. Furthermore, the therapeutic spaces are located near, but are aside from Danwon high school where many students are reported killed and injured in the incident. And the therapeutic spaces provide simple and repetitive diversions, for example, having a meal, knitting and studying, rather than special programs to restore a broken daily life to the original state. On the basis of such a background, the geographical characteristics of the therapeutic spaces related to the disaster of the MV Sewol can be summarized as follows; first, it seems that target groups accept the therapeutic spaces as the concept of place gradually. Even though most of the therapeutic spaces were suggested by third parties at first, target groups are involved in the management and recollection of their own therapeutic spaces as well as the plan for a future direction now; and consider the therapeutic spaces as exclusive properties. Second, the disaster of the MV Sewol have embedded collective trauma to not only direct victims, but extensive groups such as parents, brothers and sisters, relatives, friends and neighbors as noted earlier. Therefore, the therapeutic spaces support comprehensive target groups; but each therapeutic space is not overlapped each other. However, to solve collective trauma in a local community effectively, the therapeutic spaces are networked closely and build a regular cooperative system. Third, a continuous memory is mentioned as an important point to overcome collective trauma, but some phenomena such as fatigue and conflict with neighbors, out-migrants and a faded atmosphere as time passes act as risk factors in Ansan-si. To keep a continuous memory, the therapeutic spaces attempt the recovery of local communities and devise various events, for example, cultural performances; furthermore, are closely connected with external organizations.

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Neurotechnologies and civil law issues (뇌신경과학 연구 및 기술에 대한 민사법적 대응)

  • SooJeong Kim
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.147-196
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    • 2023
  • Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.