• Title/Summary/Keyword: Actual State of operation

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Concerning the Constitution Court's constitutional decision and the direction of supplemental legislation concerning Article 33 paragraph 8 of the Medical Service Act - With a focus on legitimacy of a system that prohibits multiple opening of medical instituion, in the content of 2014Hun-Ba212, August 29, 2019, 2014Hun-Ga15, 2015Hun-Ma561, 2016Hun-Ba21(amalgamation), Constitutional Court of Korea - ('의료법 제33조 제8항 관련 헌법재판소의 합헌결정'에 대한 평가 및 보완 입법 방향에 대하여 -헌법재판소 2019. 8. 29. 2014헌바212, 2014헌가15, 2015헌마561, 2016헌바21(병합) 결정의 내용 중 의료기관 복수 개설금지 제도의 당위성 및 필요성을 중심으로-)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.143-174
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    • 2019
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

A Study on aircraft ownership and air business control requirement in Korea (항공운송사업자의 국적 제한에 관한 고찰)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.147-174
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    • 2018
  • The air transportation industry is a field where control and interference of the state are generalized compared to other industries. However, the premise for national intervention in the air transportation industry is the determination of the nationality of the aircraft or airline company concerned. This is because it is necessary to clarify the distinction between the domestic and foreign carriers so that they can exercise airspace sovereignty. The purpose of this paper is to compare the current status and contents of Korean law and regulations on the determination of nationality with the foreign legal system. To this end, the starting point of the discussion is to look at the history of nationality restrictions on the US air transport industry and the issues that arise in the content and operation of the system today. In addition, this paper examined the provisions of the Japanese aviation law, which is very similar to that of Korea, and then compared the current legal provisions of the United States, Japan and Korea. As a conclusion, this paper sought the direction of revision of the Korean law on the basis of the foreign status of the restriction of nationality in the air transportation industry. Compared with our law, the US and Japan are generally regarded to be more concerned with the contents of their own airline companies than those of foreigners or non-citizen. In spite of the fact that there are many laws and regulations in the United States regarding the de facto dominance of domestic airline companies by foreigners, there have been a lot of controversies in this matter. By the way, Japan has been stipulating regulations on holding companies and affiliated companies. In the global era, it would be meaningful to check the status of the nationality restrictions in the aviation industry, which is based on internationality. I hope that this study will be able to build a legal institutional basis for Korea's aviation industry development from a reasonable protectionist point of view rather than a narrow nationalism in a rapidly changing era.

Analysis on the actual state and plan for improvement for vocational courses are operated consignment in General high school (일반고등학교 직업과정 위탁 운영의 실태 분석 및 개선 방안)

  • Yoon, Kyoung-Suk;Yi, Sang-Bong
    • 대한공업교육학회지
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    • v.36 no.2
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    • pp.131-150
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    • 2011
  • The purpose of this study vocational courses in general high schools in each city in order to operate efficiently. Provinces operating status and the general high school vocational courses through the regular high school vocational courses siltae analysis to identify operational problems, and that is to derive ways to improve. Operating in the desired direction, the typical high school vocational courses ilbango select students that meet the purpose of operating as one that students admit you need the correct promotion and career guidance and vocational courses ilbango teachers of vocational courses is operating correctly recognize the purpose and students with career guidance and vocational courses so that you can operate effectively at: Provincial Office-wide need to conduct a systematic study. Vocational courses also target students ilbango sosokgyo (wonjeokgyo) to be completed in the course stated in the plan for the school and the need to practice, and professional students ilbango by configuring a separate class is most preferable to operate. If the person is prime target, with each region run by creating a class needs to definitely consider. Entrusted to the agency's key performance improvements in order to improve the employment rate in the direction of promotional materials for the students selected to take advantage of college enrollment than the employment data for the students and their parents ilbango vocational courses for the purpose and intent is necessary to provide accurate information In addition, the employment rate is relatively low industrial (information) to install the school department employment, and employment representatives (industry-academia co-coordinator), and by placing career paths and industries to ensure the needs of industry, including working conditions and students who wish adjusting to the role, and industrial college (2 years), industrial (information) through the school's agreement to the aggressive promotional schemes seonchwieop hujinhak. Getting the need to encourage. Vocational courses ilbango in the new and the abolition, rather than the case of some popular course when you are away from work and there, so if the course-changing industry, new or repealed to reflect the demands of social work and careful review of how to connect carefully to decide by. Commissioned a systematic quality management in education, in terms of industry (information) schools and public vocational training institutions or private vocational school is better than school. However, 16 cities across the country. Also only five of the major cities around the school has industry information. Ilbango vocational courses at the expected continued demand. Degrees, the operation in terms of comparative advantage in many ways the school's new industry information is necessary to consider.