• Title/Summary/Keyword: Act of necessity

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A Study of Family Values on Newspaper Articles in May as 'Family Month' ('가정의 달' 신문 기사에 나타난 가족가치관 연구)

  • Kim, Minjee;Jun, Mikyung
    • Journal of Families and Better Life
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    • v.34 no.2
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    • pp.29-50
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    • 2016
  • This study aims to find out tendencies of transition of family values in newspapers which were published in May. The study was conducted on content analysis of Chosun and Donga daily newspapers in odd dates of May from 1970 to 2014. Based on preceding research, family values were classified into sub areas such as 'Value of Family,' 'Value of Marriage,' 'Value of Children,' 'Value of Filial Piety' and 'Value of Sex Role.' The collected articles were classified into five sub areas. This study collected 288 articles considering overlap count. According to the study, the newspapers seem to be interested in 'Value of Family' and 'Value of Children', but not 'Value of Marriage'. And academic, social, political efforts to improve family life or raise a necessity to change family values can evoke mass media's interest about family values. Meanwhile, some newspaper articles appear to support an opinion that 'The Healthy Families Act' postulates a claim like 'the traditional family is a normal family'. It seems that newspapers misunderstood about 'The Healthy Families Act.' So we should judge what is more right between two opinions because mass media can reconstruct reality. The tendency of transition of family values is actually slight or the tendency of family values in newspapers cannot show actual family values. Moreover, we have to reconsider that highlighting just 'paternity' can make men overlook other roles in the household like caring for children or cleaning.

An Evaluation of Accountable Care Organization in USA and Policy Implications for Korean Health Care System (미국의 책임의료조직(Accountable Care Organization) 운영현황 분석과 국내 의료정책에서 정책적 함의 평가)

  • Seo, Kyung Hwa;Jung, Yu Min;Kim, Min Ji;Lee, Sun Hee
    • Health Policy and Management
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    • v.24 no.4
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    • pp.396-412
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    • 2014
  • Background: As a reform plan of health care system, Accountable Care Organization (ACO) has became an object of attention in the United States after Patient Protection and Affordable Care Act was enacted. ACO is a group of various health care providers and provide coordinated care to its assigned beneficiaries. If ACOs improve the quality level and reduce the cost of care, they can get financial incentives. Under the discussion for a quite long time and demonstration projects, ACO has been established. We aimed to analysis and discuss the history, policy mechanism, contents, status and outcomes of ACO. Also, we intended to suggest political implication Korean health care system with regard to ACO. Methods: We searched the articles related ACO in PubMed and selected several available papers about ACO. Total 56 studies were reviewed and categorized three parts; demonstration projects for formation of ACO, policy mechanism and agenda, empirical results of ACO performance. Results: As a result, establishment of ACO was successful partly in the US. It seems to be due to various project and pilot test for verification in the long time. The empirical effect of ACO was also identified in a few study but it needs more evidences to judge its positive effect. Conclusion: In Korea, there are arguments for the application of ACO. However it is difficult to implement a ACO by different political conditions between Korean and US. Nevertheless ACO proposed us the necessity of paradigm shift in our health policy and could be significant to national policy orientation in the future.

Rethinking the Administrative Legislation : Focusing on the Sinking of Sewol (행정입법에 대한 재고 : 세월호 사고를 중심으로)

  • Song, Ji Hoon;Choi, Jeong Min
    • The Journal of the Korea Contents Association
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    • v.15 no.11
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    • pp.83-92
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    • 2015
  • This study identifies problems of the administrative legislation (or the delegated legislation) by analyzing articles of laws, orders, and ordinances regarding the sinking of Sewol. According to the result, both of Rescue and Aid at Sea and in the River Act and Marine Transportation Act require to be complemented by additional administration legislations. Therefore bureaucrats enacted defective orders and ordinances, which became an institutional background of the sinking of Sewol. In other words, excessive administrative legislations enabled the Marine Rescue and Savage Association to exert exclusive authorities and caused insufficiencies of supervision over the Association and management for safe navigations. They resulted in corrupt relationships between bureaucrats and businesses and eventually brought citizens' lifes in mortal danger. Consequently, specialty of congressmen should be improved to avoid these excessive administration legislations. At the same time, autonomous control of the administration itself should get enhanced to regulate them. The theoretical implication of this study is that problems of the administrative legislation and necessity of the control by the National Assembly, which have been discussed abstractly and normatively, are clarified empirically, and the practical implication is that the institutional background of the sinking of Sewol is clarified and solutions to improve the institutions are proposed.

Study on the reorganization of the legal system for an integrated forestry business

  • Park, Chang-Won;Lee, Bo-Hwi;Joung, Da-Wou;Park, Bum-Jin;Lee, Joon-Woo;Kim, Se-Bin;Koo, Seung-Mo
    • Korean Journal of Agricultural Science
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    • v.46 no.4
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    • pp.755-768
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    • 2019
  • The forestry development policies and projects in Korea have been implemented under various related acts. These acts include the Framework Act on the National Land and Framework Act on Forestry enacted by each administration. However, there are some limitations to encourage a variety of mountain villages and forestry development policies due to duplication and overlap between the relevant acts. Nowadays, the fields of local development have evolved and become integrated not only by infrastructures but also in various fields such as multi-functional industries including tourism, green care, cultural welfare, etc. Therefore, the current legal system may not effectively accept and support various mountain village development policies and projects. This study tried to determine the necessity of reorganizing th-e related legal system through a field survey of planners, residents and analysts regarding the correlation between legal systems and projects. For these reasons, this study tried to determine the problems of the current legal system and then, suggested alternative methods related to the legal system for integrated rural development. The scope of the study is as follows: 1) correlation analysis between relevant laws and development projects and 2) field survey to determine the legitimacy and validity for the reorganization of the legal system.

A Study on Software Development and Legal Regulation (소프트웨어 개발과 법적규제)

  • Kim, Hyung-Man
    • Journal of Digital Convergence
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    • v.9 no.5
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    • pp.11-20
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    • 2011
  • Internet users and copyright holder have been at the center of a severe legal dispute because file-sharing soft (P2P) through Napster aggravates the violation of copyright as well as takes on the world. Though it is natural that we should hold users a criminal penalty for the illegal use of various computer programs, I think that if the supply of a computer program is generally within a circle of development act, program developer ought not to hold users criminally liable for the unintended illegal act of users. Two main issues are addressed in this work: (i) the basis and validity of legal responsibility and condemnation that appear in the precedent set as to P2P in America, Japan, and Korea. (ii) the necessity of both scientific technology development and efficient legal regulation of copyright holder. For this purpose, software development and legal regulation are reviewed analyzed from viewpoint of the criminal law.

Convergence Models of Evaluation Systems for Social Welfare Facilities (사회복지시설 평가제도의 융합모형)

  • Song, Min-Seok
    • Journal of the Korea Convergence Society
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    • v.6 no.5
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    • pp.115-122
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    • 2015
  • The social welfare facilities are trusted by the government for the development of appropriate welfare services and their delivery systems. They aim to provide people with professional social welfare services and, for this purpose, they develop ways to effectively operate facilities and to deliver the services efficiently. So far, the five consecutive evaluations based on the Social Services Act have suggested the effective and systematic ways of operating social welfare facilities. Through these efforts, they established an important basis for the balanced development and further advancement of social welfare facilities. Nevertheless, people have continually pointed out problems concerning the evaluation system of social welfare facilities. Accordingly, these problems have the necessity of investigation for reformed directions by means of effective control and evaluation system for the operation of social welfare facilities. Therefore, this study aims to suggest convergence models for improving the social welfare facilities evaluation system.

A Study of International Confrontation on the Prevention of Cyber Crime (사이버범죄에 대한 국제적 대응방안)

  • Jeong, Jeong-Ile
    • Korean Security Journal
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    • no.10
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    • pp.323-354
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    • 2005
  • As with the vast array of computer technology and its rapid development, along with the entry of the internet as one of the necessities of life, the so-called cyber space has become a vital component of our modern day living. While such cyber space has provided the society with much convenience and utility as to the gathering and acquiring of information, crimes involving cyber space has accordingly increased in both number and form, Nevertheless, the conventional law as existed before the development of the cyber space were unable to meet the demands of this new breed of crime, which inevitably led to the gap in the government ability to punish such criminals, Thus, in response to the rising number of cyber crimes, a large number of nations have either created or is in the process of committing human and financial resources to strengthen the investigative powers relating to cyber crimes and creating a new area of prohibiting such crimes. As a overview of cyber crime, (1)defines the terms, describes features of cyber crime, (2)explains the international prevention necessity of cyber crime, and (3)the necessity of legislating the cyber crime Fundamental Act (4)the recognition of the evidential values on the confiscated electronic records and reviews types of cyber crime including cyberterror. Lastly, emphasizes necessity on international cooperation for prevention of cyber crime as usual.

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The Necessity of Redefining the Radiological Technologist Independent Law (방사선사법 제정의 필요성)

  • Lim, Woo-Taek;Lim, Cheong-Hwan;Joo, Young-Cheol;Hong, Dong-Hee;Jung, Hong-Ryang;Jung, Young-Jin;Choi, Ji-Won;Yoon, Yong-Su;Kim, Eun-Hye;Yoo, Se-Jong;Park, Myeong-Hwan;Yang, Oh-Nam;Jeong, Bong-Jae
    • Journal of radiological science and technology
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    • v.44 no.5
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    • pp.545-554
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    • 2021
  • According to the changes of the medical environment of the times, it is necessary to discuss the issues of the doctor's medical guidance and to conduct continuous research so that alternatives can be prepared systematically. Furthermore, in order to enhance the professionalism of radiological technologists and to develop the medical technician system, the new Radiological Technologist Independent Act has been established, which contains the overall contents of the scope of work, professional qualifications, and specialized education of radiological technologists, and provides quality medical services to patients through professional procedures and treatment. In order to increase the level of medical care, the purpose, definition, mission, role, and scope of work specified in the Medical Act, Medical Service Technologists, etc. Act, the Enforcement Decree, and the Enforcement Rules were variously analyzed and new directions were presented. First, the definition of a medical technician should use a generic term so that the factors of conflict and prejudice could be resolved. Second, change the doctor's guide to doctor's prescription; and then legislate the authority to sign and write medical records after examination by radiological technologists, thereby prohibiting unlicensed technicians that seriously endanger patient safety. Third, an accurate definition of radiological technologists' roles should be established; not only selection and management of radiological technologists' work but also procedures and treatment for each radiology field should be specified to suit the current medical system. Fourth, a professional radiological technologists' qualification system and a specialized education system should be established in order to secure human resources that could provide patients trust in procedures and treatment based on professional knowledge and experience in the field of radiology. Fifth, the Education and Evaluation Institute should be operated in Korea education system to educate the professional knowledge and competency for students. In addition, it is necessary to in-depth analysis of foreign cases could be applied to the medical system and education system in Korea; it could strive to nurture systematic human resources.

Legal review on essential business of hospital business (병원사업에 있어서 "필수유지업무"에 관한 법리적 검토)

  • Park, Kyung-Choon
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.343-405
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    • 2009
  • This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

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Necessity of Improvements on Code of Practice at the Demolition Work considering Building Structure Type : Based on Demolition work of Permission and Registration (건축물의 구조유형을 고려한 해체공사 제도 개선 방안 필요성 - 해체공사의 허가 및 신고를 기준으로 -)

  • Shim, Yukyung;Jeong, Jaewook;Lee, Jaehyun;Jeong, Jaemin
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.6
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    • pp.66-74
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    • 2020
  • To prevent incident of demolition work the Building Management Act was implemented to manage demolition work. According to this law, buildings with the scale upper than 500㎡ of floor area are classified as permission to conduct the demolition work, however it may be hard to perform safety management at demolition work. In addition, the risk level of demolition work is varied with related to the structure type. So, the purpose of this study is to suggest the improvements of criteria on demolition work considering building structure types including small-scale structures such as masonry, wooden, and other structure. The research process was conducted by three steps. (I) Application of Building Management Act; (II) Analysis of demolition work by structure types; and (III) Subdivision of permission targets by building structure types. The result of this study, permission ratio was only 10% for total demolition work and 2.43% for masonry. Because the masonry, wooden, and other structure types are concentrated on a floor area of small-scale, the separate criteria of demolition work is need to prevent the accident and fatal incident. Through the results, the decision maker can be utilized (1) For the special building structure types, the criteria of enhanced safety management are applied by referring to the overseas law ; and (2) The demolition work can be considered by the criteria of separate permission in terms of structure types.