• Title/Summary/Keyword: Administrative Dispositions

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A Study on Public Order Right Based on Analysis of the Administrative Disposition Results Against the Personal Information Protection Act Violation (개인정보 보호법 위반에 따른 행정처분 결과 분석을 통한 공표명령권 도입 연구 395)

  • Jeon, Ju Hyun;Rhee, Kyung Hyune
    • KIPS Transactions on Computer and Communication Systems
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    • v.11 no.11
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    • pp.395-402
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    • 2022
  • In case of violation of the Personal Information Protection Act, administrative dispositions will be taken according to the legal standards, and the results will be announced. However, the current method has limitations in its effectiveness as repeated administrative dispositions are increasing despite the announcement by the disclosure system of the Personal Information Protection Act. In this paper, we deploy the introduction of the 'public announcement commandment' against violators by analyzing the administrative disposition results according to the violation of the Personal Information Protection Act. It is able to strengthen the existing disclosure system for self-disclose violations by providing easy recognition to the people about the fact of violation itself against the Personal Information Protection Act. Furthermore, we analyze major industries through the industry groups and violations of laws that were subject to publication, and data published on the results of administrative dispositions for violation of the Personal Information Protection Act. Finally, we propose the legal basis for the 'public announcement commandment' which allows the violator to publish by oneself for the announcement of the fact that the corrective action has been taken.

Problems of the Act and Subordinate Statutes Related to the Regulation of Radiation Safety for Diagnosis (진단용 방사선 안전관리 법령의 문제점에 관한 연구)

  • Lim, Chang-Seon
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.97-118
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    • 2022
  • The use of diagnostic radiation in medical institutions is rapidly increasing. Accordingly, the collective effective dose is on the rise every year. Therefore, it is necessary to reduce the radiation exposure of the person undergoing the radiation examination as low as reasonably achievable. And we must establish a legal system to perform the safe management of radiation for diagnosis efficiently. In this way, I went over the problems of the Act and Subordinate Statutes regarding radiation safety management for diagnosis. As a result, the main contents are as follows. First, in the 「Medical Service Act」, there is no basis for the Safety Inspection Institute of Radiation and Radiation Exposure Measuring Institutes. And there are no provisions concerning delegation of administrative disposition. Therefore, it is necessary to secure legal justification by providing the basis for the Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes and the basis for administrative dispositions against these institutions in the 「Medical Service Act」. Second, the 「Rules on the Installation and Operation of Special Medical Equipment 」 should be integrated with the 「Rules on the Safety Management of Radiation Generators for Diagnostics」 to unify administrative procedures such as reporting for radiation special medical equipment for diagnosis. Third, in the case of violating the diagnostic radiation safety management standards in the 「Rules on the Safety Management of Radiation Generators for Diagnostics」, it is necessary to supplement the insufficient sanctions such as administrative disposition. Fourth, regulating diagnostic radiation and therapeutic radiation used in medical institutions with the dual legal system of the 「Medical Act」 and the 「Nuclear Safety Act」 is not efficient in the safety management of diagnostic radiation. Therefore, it is necessary to uniformly regulate diagnostic radiation and all medical radiation, including therapeutic radiation and nuclear medicine, in the 「Medical Service Act」 system.

Analysis of the influence of panel characteristics on odor measurement based on the air dilution olfactory method in Korea

  • Kim, Sun-Tae;Lee, Seokjun;Yim, Bongbeen
    • Environmental Engineering Research
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    • v.24 no.1
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    • pp.91-98
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    • 2019
  • This study was to objectify differences in the results of odor testing according to the characteristics of panel members that participate in air dilution olfactory method (ADOM) testing. When differences in the results of olfactory testing were reviewed in relation to characteristics of the panelists, the result of entire panels for the site boundary Proficiency Testing Materials (PTMs) showed no difference according to panelist sex, age, smoking status, and past participation in ADOM tests. As for the outlet PTMs, distinct differences appeared in relation to the smoking status and age of panelists. The frequency distribution for all the panelists (Dev($D/T_{total}$)) showed a form similar to a normal distribution, so it is thought to be more appropriate for the review of effect of panelist characteristics on the result of air dilution olfactory tests. In addition, the ADOM testing method implemented as the standard method for odor compounds in Korea (Dev($D/T_3$)) will have to be implemented along with a concurrent assessment, for the purpose of identifying the effect of panelist characteristics on administrative dispositions against malodors.

The Unconstitutionality of the Disposition Suspending Medical Care Benefits under the National Health Insurance Act (국민건강보험법상 급여정지 처분의 위법성)

  • Park, Sungmin;Woo, Meehyung
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.3-36
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    • 2022
  • In order to solve the pharmaceutical kickback problem, it is needed to establish legal system that allow ways to enable pharmaceutical promotion of medicines without kickbacks as well as provide sanction those who commit illegal act. Before the National Assembly and the government focused on strengthening sanctions. As a result, in 2014, a system of suspending medical care benefits was introduced, which could inflict heavy losses on pharmaceutical companies by withdrawing target medicines from the market. However, three years after the introduction, the system was abolished in 2018, recognizing the problem that the disposition could infringe on the patients' right to access to and choice of medicines. In 2021, the National Assembly made it possible for dispositions suspending medical care benefits regarding the third violation, which remained symbolic until then, replaced with administrative fines. Although the legislator's reflective stance on the system is more than clear, the Ministry of Health and Welfare still interprets that the old law should be applied to kickbacks for the period of the law. Moreover, regarding the substitution of fines at the discretion of the Minister of Health and Welfare under the old law, the narrow standards taken under the old law seems to be maintained. In this paper, firstly pharmaceutical kickback issue, the main reason for the introduction of the system, will be explained, after that the history of introduction and abolition of the system examined and last but not least the unconstitutionality of the system and the illegality of the disposition are to be examined.

A Study on Korea Land Use Information System Zoning Data Maintenance Plan (국토이용정보체계 용도지역지구 데이터 정비방안)

  • Lee, Se-won
    • Journal of Cadastre & Land InformatiX
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    • v.51 no.2
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    • pp.51-72
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    • 2021
  • The purpose of this study is to explain the types and causes of errors in zoning data that occur in the topographic map notification procedure, and to prepare a data maintenance plan. In Korea, like the United States, law-based land use regulation is dominant. In other words, according to the land use regulation method in the Act, the government designates zoning for all lots in the country, and landowners check the land use regulations of their land through the Korea Land use Information System. The land use plan confirmation document is important land information that affects the results of administrative dispositions such as land transactions between individuals or permission for development activities. However, there are data errors that occur during the current topographic map notification procedure and data construction process. Therefore, four local governments that can verify data by type were selected in consideration of local government conditions. A number of errors are first, errors in data construction and management in the Korea Land use Information System, and second, errors in lack of expertise that occur while the local government officials maintain data. Third, it was analyzed as an error from the relationship between the serial cadastral map and the zoning DB. Based on the above results, it is hoped that the results of this study will be reflected in the establishment of the KLIP and the reform of the legal system, which is currently underway after the establishment of the 「3rd the Korea Land use Information System Construction Plan」.