• Title/Summary/Keyword: 허위기재

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A Study on the Way of Securing the Practical Effectiveness of Oil Record Book (기름기록부 실효성 확보에 관한 연구)

  • Choi, Jung-Hwan;Lee, Sang-Il
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.4
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    • pp.389-397
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    • 2014
  • The purpose of this thesis is studying for a legal basis and definition of Oil Record Book. In the thesis, comparing with the laws related to punishment for false entry of Oil Record Book of the maritime countries and korea Act. Studying the improvement marine pollutants from ships by suggesting legal and institutional proposal which are able to make themselves increase effectiveness for recording and inspection of Oil Record Book. Suggest the solution of the problems raised in this thesis, First, The Oil Record Book should not be the evidence which is having the effectiveness simply after the accident of marine pollution, but take sanction on pre-inspection of Oil Record Book as establish the concrete administrative punishment for each contents-based record of Oil Record Book. Second, It should set up of judgement criteria of false entry of Oil Record Book by port state control officer. Third, It should strengthen the legal effectiveness of Oil Record Book contents such as Code(c) ; oil residue, Code(d); relating to bilge discharge by including premeditation for false entry of Oil Record Book. Also, The enhancement of role for marine pollution prevention manager raise the effectiveness of Oil Record Book as recognizing the importance of Oil Record Book.

Whether to put on Criminal convictions on the medical examination records prepared by medical personnels - Sentenced by November 24, 2005, by The Supreme Court, Precedent case no. 2002DO4758 - (의료인의 진료기록부 등 허위작성시 형사처벌 가부 - 대법원 2005. 11. 24. 선고 2002도4758 판결 -)

  • Park, Kyong-Chun
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.107-135
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    • 2007
  • In preparation of the medical examination records, the failure to correctly write the taken medical behaviors on the medical examination records, is subject to criminal conviction due to the breach of the Article 21-1. The false or overstated writings on the medical examination records is subject to the same punishment due to the Article 21-1, which $\underline{additionally}$ may lead to the administrative measures such as the suspension of license according to Article 53-1. The interpretation is considered as proper in light of the function of the medical examination records, hazard to the patients, and the doctors' ethics. In light of the attitude of The Supreme Court for the preparation obligation of the medical examination records specified in the medical law Article 21-1(Purport : The doctors may continue to use their opinions on the patient's status and treatment process on the medical examination records, may provide the proper information to other medical staff, and ought to specify the details enough to decide the appropriateness of such medical behaviors after the recent treatment.), the false writings of the doctors on the medical examination records of the non-treated patient as faithfully treated one during the entire period before the present hospitalization, will be regarded as the fulfillment obligation of the preparation of the medical examination records in the medical law Article 21-1.

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Legal Status of Medical Personnel on Medical Records (환자의 의무기록 관련 의료인의 법적 지위)

  • Lee, Baek-Hyu
    • The Korean Society of Law and Medicine
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    • v.11 no.2
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    • pp.309-335
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    • 2010
  • This study is a paper reviewed legal status of medical personnel and issues of law on recently discovered medical records. As the increase of medical personnel who have gone through the administrative disposal in regards to the medical records, it is needed to examine the legal issue or dispute on the medical records under the current law. Medical records are the statement on patient's medical conditions made by the medical personnel. This records are used as important source for patient's further treatment. This becomes the communication route between the patients and the other medical personnel, and it provides the patients a right to find out their medical information. According to the Medical Service Act (Article 21), a medical personnel shall prepare respectively a record book of medical examination and treatment. And medical personnel shall make a signature. Furthermore, the medical personnel or the opener of the medical institutions must preserve the record book (including an electronic medical record). Meanwhile, the issues of a ban on false entry, additional record, revision or manipulation on the medical record have been recently on the rise. This paper briefly examined the major issues in regards to the medical records. It especially clarified the legal duty on medical records and its major-contentious-issues. At the same time, it pointed out the problems of the unreasonable over interpretation of the law. Furthermore, this suggested the guidelines for the further discussion and review.

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Review of 2018 Major Medical Decisions (2018년 주요 의료판결 분석)

  • Lee, Dong Pil;Lee, Jung Sun;Yoo, Hyun Jung;Park, Tae Shin;Jeong, Hye Seung;Park, Noh Min
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.243-279
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    • 2019
  • During the main ruling in 2018, it is difficult to find a new judiciary, which is understood to be due to a certain degree of jurisprudence established and focusing mainly on contentious disputes within the framework of damages. The cases in which the court's judgment is reversed helped to understand the reason and the judiciary, and it was confirmed that the dispute in the medical lawsuit became more and more intense. Decisions on responsibility restrictions and medical records were also noticeable, with a significant increase in the number of verdicts relating to the doubt about medical records. This is considered to be part of the increasing number of cases in which the parties raise questions about medical records, and several cases were categorized and introduced at this opportunity. We also introduce the case of forced discharge of long-term hospitalized patients and medical fee bill, because it was judicial interest after the Supreme Court ruling that the cost of treatment for the after-effects of medical malpractice can not be claimed to the patient.

Liability under the master to sign B/L issued on Chartered Ship (용선한 선박에 적재된 화물에 대해 발행된 선하증권의 서명에 따른 책임관계)

  • Kim, Sunok
    • Journal of Korea Port Economic Association
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    • v.29 no.1
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    • pp.47-66
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    • 2013
  • This article reviews some problems arises from signing by the master bills of lading issued on time chartered ship. The underlying purpose of time charters is generally for the charterers to have the services of the vessel in order to engage in the business of carriage of goods by sea, a business which is likely to involve the issue of bills of lading to shippers. Charterer under the charter have a right to issue B/L, thereby the master must sign bill of lading as presented, but may not vary the contract. Bills of lading signed by, or on behalf of the master, impose contractual liabilities upon the shipowner. Charterer have no right to ask the master to sign a bill of lading in any way deviating from the charterparty. If the shipowner suffers loss as a result of the master obeying any order about employment or agency, he will be entitled to an indemnity from the charterer. The master may refuse to sign bills of lading which contain some discrepancy such as a false statement and manifestly inconsistent with the requirements of the charterparty.

Development of a Method to Detect Cattle Material from Processed Meat Products Using a Polymerase Chain Reaction (PCR을 이용한 축산물 가공식품 내 소고기 성분 검출법 개발)

  • Kwon, Young Chul;Hah, Do-Yun;Heo, Yunwi;Kim, Tae-Kyu;Choi, Yoo-Jeong;Jo, Dae-Hoon;Nam, Sang-Yun;Son, Byeong-Guk;Hwang, Bo-Won;Yang, Byoung-Seon;Kim, Euikyung
    • Korean Journal of Clinical Laboratory Science
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    • v.49 no.2
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    • pp.135-140
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    • 2017
  • Polymerase chain reaction (PCR) was used to detect cattle material from processed meat products. Seventy-eight different commercial processed meat products were purchased from several big food marts. Among them, 17 products contained cattle material (10 samples contained only cattle, 5 samples mixed with cattle and porcine, 2 samples mixed with cattle, porcine and chicken). The genomic DNA was extracted directly from the processed meat products, and strain-specific primer targeting the 16S ribosomal RNA mitochondrial gene was used. All PCR products were cloned into the pGEM-T easy vector and sequenced. Consequently, the PCR products were amplified from 10 processed meat products, which contained only cattle material in our conditions. Furthermore, PCR reactions showed the same results at mixed samples. The DNA sequence obtained from pGEM-T easy/PCR products showed more than 95% identity with Bos taurus 16S rRNA gene using homology analysis. In conclusion, we suggest that the method using PCR, as performed in this study, could be useful in detecting cattle material in processed meat products. Moreover, our system could be applicable in inspection procedures to improve the verification of correct labeling for import and export processed meat products.

A Study on Timeliness Advance Increment of Certificate Verification Using an Observer (Observer를 이용한 인증서 검증의 적시성 증대에 관한 연구)

  • 권오인;김진철;오영환
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.14 no.4
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    • pp.25-37
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    • 2004
  • A certificate is expected to use for its entire validity period. However, a false information record of user and compromise of private key may cause a certificate to become invalid prior to the expiration of the validity period. The CA needs to revoke the certificate. The CA periodically updates a signed data structure called a certificate revocation list(CRL) at directory server. but as CA updates a new CRL at directory server. the user can use a revoked certificate. Not only does this paper analyzes a structure of CRL and a characteristic of certificate status conviction, OCSP method but also it proposes a new certificate status verification method adding an observer information in handshake process between user and server.

Development of the Duplex PCR Method of Identifying Trachurus japonicus and Trachurus novaezelandiae (다중 PCR 분석법을 이용한 전갱이속 어종의 신속한 종판별 분석법 개발)

  • Park, Yeon Jung;Lee, Mi Nan;Kim, Eun Mi;Noh, Eun Soo;Noh, Jae Koo;Park, Jung Youn;Kang, Jung-Ha
    • Journal of Life Science
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    • v.28 no.9
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    • pp.1062-1067
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    • 2018
  • Reliable labeling of fish products can reassure consumers regarding the identity and quality of seafoods. Therefore, techniques that can identify adulteration or mislabeling are valuable. To rapidly identify two Trachurus species, Trachurus japonicus and Trachurus novaezelandiae, a highly efficient, rapid, duplex polymerase chain reaction (PCR) having two species-specific primers simultaneously was identified. This species-specific primer focused on a single nucleotide mismatch in the 3'-terminal base of a primer designed in the mitochondrial cytochrome c oxidase (COI) subunit I DNA. To optimize the duplex PCR condition, gradient PCR reactions were conducted to determine the primer annealing temperature and the primer concentration. The PCR's product was observed on the gel, suggesting that DNA molecules may be useful in differentiating the two species. The length of the amplification fragments were 103 bp for Trachurus japonicus and 214 bp for Trachurus novaezelandiae, which, along with the species-specific primer visualized by agarose gel electrophoresis, enabled accurate distinction of the species of the Trachurus genus. These results indicate that the duplex PCR, which has a species-specific primer based on single nucleotide polymorphism (SNP), can be useful for rapidly differentiating the two species of Trachurus. This duplex PCR analysis is simple, rapid, and reliable, and could be beneficial to protecting consumers' rights.

Illegal Issuing Practices of Switched Bill of Lading and Precautions against their Potential Risks (스위치선하증권의 불법적 발행 관행에 따른 위험과 그 대책)

  • Park, Sae-Woon
    • International Commerce and Information Review
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    • v.14 no.2
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    • pp.389-409
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    • 2012
  • The Switched Bill of Lading(SBL) has been in frequent use in recent years as intermediary trade increases with the growing number of companies' overseas subsidiaries. Its frequent use, though, has brought about disputes regarding its illegal issue. Although there are several legal cases regarding this, studies on this issue are hard to find. Therefore, this study tries to provide countermeasures and precautions against unlawful issues of SBL through examining the legal cases resulting from illegal issuing practices of SBL. When the Switched Bill of Lading is issued, the shipper, consignee, port of loading and unloading, and shipping date of the original bill of lading are usually changed. Statements which may put the shipper at a disadvantageous position may also be deleted and/or the bill of lading may be either divided or integrated when it is issued. However, if the carrier issues the SBL 1)without withdrawing original BL, 2)indicating the shipping date, port of loading and port of discharge falsely, or 3)deleting the statements which may give him disadvantages, it may be regarded as an illegal issue. These unlawful issues of SBL may pose a huge threat to the shipper, banks and the parties relating to the trade. That is, the shipper may take a substantial loss when the goods can be delivered to a third party by SBL without his collecting the proceeds. The issuing bank and the negotiating bank may also have their security rights to the goods hampered by the illegal and improper issue of SBL. In most cases, the carrier has no choice but to issue the SBL without collecting the original BL for fear of hurting the relationship with the intermediary traders. This practice of issuing more than two sets of BL may pose a potential risk to the carrier.

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