• The Journal of the Convergence on Culture Technology
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• v.9 no.3
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• pp.579-585
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• 2023

The purpose of this study is to explore keywords within stalking-related news articles according to political orientation through the text network analysis, and then to examine the implicit intentions. Selecting total 1,607 articles including 824 articles of the conservative press(The Chosun Ilbo, The Joongang Ilbo) and 783 articles of the progressive press(The Hankyoreh, The Kyunghyang Shinmun) reported from January 1, 2018 to December 31, 2022, this study explored the aspect of topic category drawn through the topic modeling technique based on LDA(Latent Dirichlet Allocation). In the results of this study, the common topics of the conservative and progressive press were improvement of the perception of gender-based violence, personal protection & intensity of punishment, and disclosure of stalkers' personal information. Regarding the topics differently shown in those two press, the conservative press showed stalkers' harmful act, and outline of 'murder case at Sindang Station' while the progressive press showed request for aggravated punishment on the 'murder case at Sindang Station', and eradication of sexual exploitation crime (in cyber space). The results of this study imply that there are changes in the type of reporting according to ideological opinions about stalking in news articles.

• Industry Promotion Research
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• v.5 no.4
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• pp.81-90
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• 2020

This study examines the pattern of changes in the funeral rites·ancestral memorial rites as stipulated in the current family rites Act and seeks to study the presentation of problems and securing effectiveness. Acts and subordinate statutes such as "Act on family rite establishment and related assistance" were enacted with the aim of rationalizing the ritual procedures of funeral rites related to the ancestral memorial rites and supporting and coordinating projects and activities for the dissemination and settlement of sound family rites to eliminate the ostentation and create a sound social atmosphere. In order to realize the true meaning of family rites the "General standards for sound family rites" were set to be solemn and simple in the process of family rites, and the government officials, employees of public institutions, organizations, and social leaders were required to take the initiative and follow the example. However, looking at the changes since the family rites Act 1969, there are regulations on gender discrimination that undermine the realization of gender equality, and the progress of education for the spread and settlement of the family rites Act has been limited in effectiveness due th lack of punishment provisions for educational institutions of all levels, In particular, even in the "Process to train funeral director" which is operated under the national qualification system, there is a lack of education on family rituals. Therefore, through this study, we intend to provide a basis for practice and developmental discussions consistent with the objectives of the establishment of laws and systems.

• Proceedings of the Korean Society of Disaster Information Conference
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• 2022.10a
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• pp.79-80
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• 2022

중대재해처벌법(이하 "동법" 병기) 시행 전후로 동법에 대응하기 위한 정부 지원과 학계 연구는 많이 진행되어 왔으나, 대부분은 사전 예방에 치중되어 재해 발생 이후 기업 운영상의 리스크 관리나 피해경감 등을 위한 연구가 부족하였다. 중대재해를 줄이기 위해서는 사전 예방이 우선이지만 재발방지 및 추가 피해 최소화 노력도 뒤따라야 한다. 따라서, 본 논문에서는 재난 및 업무중단성 사고에 대하여 예방, 대비, 대응 및 복구활동에 필요한 문서화된 관리체계를 규정하고 있는 재해경감활동관리체계(이하 "동 체계" 병기)를 활용하여 중대재해처벌법을 준수할 수 있는 방안을 연구하였다.

• Proceedings of the Korean Society of Disaster Information Conference
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• 2023.11a
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• pp.167-168
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• 2023

에너지분야 국가핵심기반시설에서 산업재해 및 업무중단 사고예방을 위해 재해경감활동관리체계(BCMS)에서 일일위험지수 재난안전관리 프로그램을 자체개발 운용하여 정부의 중대재해 감축 로드맵의 핵심적인 4대 전략 중 하나인 사업장에서 유해위험요인에 대한 자기규율적인 예방관리체계의 확립한 사례를 제시하였다. 이에 대한 신뢰성 검증을 위해 중대산업재해 감축효과에 영향을 미친 사업장의 BCMS, 일일위험지수 및 중대재해처벌법 간의 관계성을 연구한 결과, 제도 간 개념의 관련성이 높으며, 상호 보완적이고 영향을 미치는 것으로 확인되었다. 따라서 동종 사업장에서 재해경감활동관리체제의 일일위험지수를 활용한다면 중대재해예방관리에 도움이 될 것으로 기대된다.

• Proceedings of the Korea Contents Association Conference
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• 2014.11a
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• pp.239-240
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• 2014

2014년 9월 29일부터 아동학대 가해자에게 무기징역까지 처벌을 강화하고, 친권 제한도 가능케 한 '아동학대범죄의 처벌 등에 관한 특례법(아동학대처벌법)'이 시행되고 있다. 동법의 내용으로는 기존 형법상 '3년 이상의 유기징역'에 집행유예가 가능한 학대치사죄에 대해 법정형을 '무기 또는 5년 이상의 징역'으로 높이고 별도의 감경사유가 없는 한 집행유예가 불가능하도록 했다. 아동학대 가해자가 친권자라는 이유로 피해아동을 격리시키기 힘들었던 점을 개선하기 위해 친권을 제한할 수 있는 길을 터놓았다. 부모(친권자)가 중상해를 입히거나 상습적으로 학대한 경우엔 검사가 법원에 친권상실을 청구해야 하며, 검사가 하지 않으면 아동보호전문기관의 장이 청구를 요청할 수 있도록 했다. 본고에서는 아동학대의 실태를 기초로 하여, 아동학대처벌법의 내용과 문제점을 살펴보기로 한다.

• Journal of Research and Publication Ethics
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• v.1 no.1
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• pp.23-28
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• 2020

Purpose: Focusing on Supreme Court precedents, we intend to establish criteria for judging research misconduct. Research design, data and methodology: In addition, I would like to propose the criteria for judging research misconduct by the KODISA, which applies the court's standards well in practice, and guidelines for preventing research misconduct. Research design, data and methodology: After classifying the case of research misconduct into six cases, the court's judgment and practical application will be reviewed. Results: First, research misconduct that has passed the disciplinary prescription can be punished. This is because the state of illegality continues to this day. Second, even if there were no punishment regulations at the time of research misconduct, it can be retroactively punished with the current punishment regulations. This is because research ethics is a universal and common standard and does not change. Third, if there is a fact that infringes on intellectual property rights, it is presumed unwritten intentions. Therefore, the act of taking and using the work of another person without permission or proper citation procedure, even if it is unintentional and for the public interest, is a research misconduct. Fourth, if there is an inappropriate citation notation, the intention of research misconduct is presumed. It is the judgment of the court that even if a quotation is marked, if it is incomplete, it is recognized as plagiarism. Fifth, if the author uses the work of another person without proper source indication, it is plagiarism even if the other person who owns the copyright agrees to it. The understanding or consent of some parties does not justify research misconduct in violation of public trust. Sixth, it is a research misconduct to create a new work without citations for one's previous work. In addition, even if there is a citation, if the subsequent writing is not original, it is a research misconduct. Conclusions: Academia should clarify the scope of research misconduct by referring to the Research Ethics Regulations of KODISA, and deal with research results that lack the value as creative works similar to those of research misconduct.

• Proceedings of the Korean Society of Disaster Information Conference
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• 2022.10a
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• pp.189-190
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• 2022

중대재해처벌법이 2022년 1월 시행됨에 따라 노동계, 경영계 등 사회적으로 큰 이슈가 되고 있다. 해당 법률의 목적인 중대 재해 예방은 생명과 신체를 보호함의 목적에 충족할 수 있도록 문제점을 분석하여 개선방안을 제시하고자 한다. 연구방법: 해당 법률의 주요 내용을 파악하고, 조항별 문제점을 분석하였다. 연구결과: 문제점으로는 1) 적용 사업장의 형평성의 문제, 2) 일부 법 조항의 명확성의 원칙 결여 문제로 크게 2가지로 분석되었다. 결론L법 시행초기인 만큼 시행착오가 있지만 해당 법률의 안착 및 목적에 부합하기 위해 노동계와 경영계를 비롯한 각 계의 노력으로 개정이 필요하다

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.3-33
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• 2022

In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

• Journal of the Korean association of regional geographers
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• v.14 no.4
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• pp.436-451
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• 2008

The purpose of this study is to prove that a tourism is not a personal act but a social product, through the examination of 'disciplinary power' existing in Vietnam package tour. The results are summarized as follows: A tour guide, together with the tourist agency, was the agent of the tourism. He exercised power by using surveillance, punishment, partition, and so on. Tourists were the target at first as they were under surveillance of the guide. However, they became self-regulatory actors, which is so called 'modern tourists' in this paper, by learning and internalizing how to be empowered. In this way, a tourist was transformed into the agent of the tourism finally. Power was not owned either by a guide or a tourist, rather it existed as guide tourist relations. Power was not restricted to a specific tourism destination but it existed in all destinations. In addition, power was not repressive but productive in a sense that tourists became self-regulatory actors. This kind of power is so called 'disciplinary power.'

• The Journal of the Korea Contents Association
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• v.21 no.3
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• pp.634-644
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• 2021

Despite the increased social demand for strengthening the punishment for ghost surgery in Korea, the governmental management is very passive compared to other offenses of medical law, and the punishment for ghost surgery is insufficient, so that medical malpractices are continuously occurring. A plastic surgeon who posted the names of clinics performing ghost surgery and the number of deaths on the internet bulletin board, was charged with the violation of the Information Telecommunication Act(defamation). Thus, this study aimed to present the legal/institutional issues and implications of defamation by the release of ghost surgery, by initially examining the charged case after posting the contents showing the death of patients by ghost surgery in clinics on the internet bulletin board. This study aimed to understand how strictly the court approached the ghost surgery in the aspect of public interest, and also to understand the judgment standard of punishment for defamation by investigating the publicly alleging facts and public interest by the disclosure of ghost surgery. Moreover, this study aims to provide the basic data necessary for guaranteeing the national health right by arousing attention to ghost surgery.