• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.35-77
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• 2023

As the amendment to the Personal Information Protection Act, which newly established the basis for the right to request transmission of personal information, was promulgated through the plenary session of the National Assembly, MyData, which was previously applied only to the financial sector, could spread to all fields. The right to request transmission of personal information is the right of the information subject to be guaranteed for the realization of MyData. However, since the right to request transmission of personal information stipulated in the Personal Information Protection Act is designed to be applied to all fields, not a special field such as the medical field, it has many shortcomings to act as a core basis for implementing MyData in Medicine. Based on this awareness of the problem, this paper compares and analyzes major legal trends related to the right to portability of personal health information at home and abroad, and examines the limitations of Korea's Personal Information Protection Act and Medical Act in realizing Medical MyData. Under the Personal Information Protection Act, the right to request transmission of personal information is insufficient to apply to the medical field, such as the scope of information to be transmitted, the transmission method, and the scope of the person obligated to perform the transmission, etc.. Regulations on the right to access medical information and transmission of medical records under the Medical Act also have limitations in implementing the full function of Medical My Data in that the target information and the leading institution are very limited. In order to overcome these limitations, this paper prepared a separate and independent special law to regulate matters related to the use and protection of personal health information as a measure to improve the legal system that can effectively guarantee the right to portability of personal health information, taking into account the specificity of the medical field. It was proposed to specifically regulate the contents of the movement and transmission system of personal health information.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.163-199
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• 2010

A frequent flyer program is a loyalty program offered by many airlines. Typically, airline customers enrolled in the program accumulate frequent flyer miles corresponding to the distance flown on that airline or its partners. There are other ways to accumulate miles. In recent years, more miles were awarded for using co-branded credit and debit cards than for air travel. Acquired miles can be redeemed for free air travel; for other goods or services, such as travel class upgrades, airport lounge access or priority bookings. The first modern frequent flyer program was created Texas International Airlines in 1979. This program was also adopted in Korean Air in 1984. Since then, the mileage programs have grown enormously. As of June 2009, the total member of two national airlines in Korea had been over thirty million. However, accumulated miles could be burden of airlines, because the korean corporations should record the annual financial report the accumulate mileage on a liability account by 'the international financial report standards(IFRS)' next year. The korean airlines need to minimize the accumulated miles, so that for instance Korean Airlines SKYPASS-miles expire 5 years after being earned. It means that miles earned on or after July 2008 will expire after five years if unredeemed. Thus, this paper attempt to analyze the unfairness of the mileage rules of korean airlines by examining a specific portion of the conditions relating to consumer protection, because many mileage users has difficulties using mileage programs and complained the amendment of the mileage rules. In conclusion, the contemporary mileage rules in Korea are rather unsatisfactory, because airlines is not only recognizing a mileage into a kind of benefit but also denying inheritance of mileage and the legal nature of mileage as a property right. It is necessary to amend relevant mileage rules in view of consumer protection, because air mileage is not simple benefit but a right of mileage user.

• Korean Journal of Heritage: History & Science
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• v.53 no.4
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• pp.274-291
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• 2020

This year is the 50th anniversary of the adoption by UNESCO in 1970 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (the '1970 Convention'). Since its ratification of the 1970 Convention in 1983, the Republic of Korea has domestically implemented the Convention through its Cultural Heritage Protection Act, which was first enacted in 1962. This is a different form of implementation than is normally used for other UNESCO Conventions on cultural heritage, in that the Republic of Korea has recently adopted special acts to enforce the 2003 Convention for the Safeguarding of Intangible Cultural Heritage and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. In addition, the 1970 Convention has been developed further through the introduction of new Operational Guidelines in 2015 for the concrete enforcement of the Convention, which has provided momentum for the Republic of Korea to analyze its current national legislation related to the 1970 Convention as well as consider its amendment in the future. Overall, the Cultural Heritage Protection Act of the Republic of Korea effectively reflects the duties of States Parties under the 1970 Convention. These include measures to introduce export certificates, prohibit the import of stolen cultural property, return other state parties' cultural property, and impose penalties or administrative sanctions in the event of any infringements. Indeed, the Republic of Korea's implementation of the 1970 Convention was introduced as an example of good practice at the Meeting of State Parties in 2019. However, changes in the illegal market for cultural property and development of relevant international law and measures imply that there still exists room for improvement concerning the legal implementation of the 1970 Convention at the national level. In particular, the Operational Guidelines recommend States Parties to adopt legal measures in two respects: detailed criteria for due diligence in assessing bona-fide purchasers, referring to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, and measures to address the emerging issue of illegal trade in cultural property on internet platforms. Amendment of the Cultural Heritage Protection Act and other relevant laws should be considered in order to duly reflect these issues. Taking that opportunity, concrete provisions to facilitate international cooperation in respect of the implementation of the 1970 Convention could be introduced as well. Such measures could be expected to strengthen the Republic of Korea's international legal cooperation to respond to the changing environment regarding illicit trafficking of cultural property and its restitution.

• Journal of agriculture & life science
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• v.53 no.6
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• pp.23-33
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• 2019

In accordance with a change in the management information system containing the management record and planning for the entire national forest in South Korea by an amendment of the relevant law (The national forest management planning and methods, Korea Forest Service), in this study, average, the maximum, and the minimum values for DBH were presented while only average values were required before the amendment. In this regard, there is a need for an estimation algorithm by which all the existing values for DBH established before the revision can be converted to the highest and the lowest ones. The purpose of this study is to develop an estimation equation to automatically show the minimum and the maximum values for DBH for 12 main tree species from the data in the national forest management information system. In order to develop the estimation equation for the minimum and the maximum values for DBH, there was exploited the 6,858 fixed sample plots of the fifth and the sixth national forest inventory between in 2006 and 2015. Two estimation models were applied for DBH-tree age and DHB-tree height using such growth variables as DBH, tree age, and height, to draw the estimation equation for the maximum and the minimum values for DBH. The findings showed that the most suitable model to estimate the minimum and the maximum values for DBH was Dmin=a+bD+cH, Dmax=a+bD+cH with the variables of DBH and height. Based on these optimal models, the estimation equation was devised for the minimum and the maximum values for DBH for the 12 main tree species.

• Journal of Preventive Medicine and Public Health
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• v.40 no.4
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• pp.265-272
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• 2007

It was not until 1975 that cancer registration was initiated in Korea; voluntary registration of cancer patients of training hospitals throughout the country began under the auspices of the Korean Cancer Society(KCS). However, an official cancer registration, the Korea Central Cancer Registry(KCCR), began on July 1st, 1980. Forty-five training and two non-training hospitals throughout the country initiated registration of patients in whom neoplasms had been found. Data related to case information specified are to be sent to the KCCR at the National Medical Center(it moved at National Cancer Center in 2000). The initial cancer registration of KCS was merged to the KCCR in 1980. Although the KCCR covers most all the large training hospitals in Korea, it cannot provide incidence data. It is, however, the only of its kind in the world, being neither hospital nor population based. The first population based cancer registry(PBCR) was launched in a small county, Kangwha(it has around 80,000 inhabitants), by Yonsei University Medical College in 1983. All data were collected by active methods, and incidence statistics for 1986-1992 appeared in Vol VII of the CI5. Another PBCR, Seoul Cancer Registry(SCR), started in 1991. It was supported by a civilian foundation, the Korean Foundation for Cancer Research. The basic idea of case registration of SCR was the incorporation of KCCR data to PBCR, e. g. dual sources of case registration, i.e., from the KCCR and also including cases diagnosed in small hospitals and other medical facilities. Assessing completeness and validity of case registration of SCR, the program and methodology used by the SCR was later extended to other large cities and areas in Korea, and the PBCR in each area was established. Cancer incidence statistics of Seoul for 1993-1997, Busan for 1996-1997, and Daegu for 1997-1998, as well as Kangwha for 1993-1997, appeared eventually in Vol VIII of the CI5. The Korean or 'pillar' model for a PBCR is a new one. The KCCR data file is a reliable basis, as a pillar, for a PBCR in each area. The main framework of the model for such a registry is the incorporation of a KCCR data file with data from additionally surveyed cases; the data related to cancer deaths, medical insurance claims, and visit-and surveillance of non-KCCR medical facilities. Cancer registration has been adopted as a national cancer control program by Korean government in 2004 as the Anti-Cancer Act was enacted. Since then, some officers have tried to launch a nation-wide PBCR covering whole country. In the meantime, however, cancer registration was interrupted and discontinued for years due to the Privacy Protection Law, which was solved by an amendment of the Anti-Cancer Act in 2006. It would be premature to establish the nation-wide PBCR in Korea. Instead, continuous efforts to improve the completeness of registration of the KCCR, to progress existing PBCRs, and to expand PBCRs over other areas are still to be devoted. The nation-wide PBCR in Korea will be established eventually with summation of the PBCRs of the Korean model.

• Archives of design research
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• v.19 no.4 s.66
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• pp.155-162
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• 2006

Today, according to population decrease and aging of the old due to the decline of birthrate in our society in $21^{st}$ century, there is a stiff increase of the aged group. Complying with the request of epic needs, as there was a full scale amendment of law of the aged welfare in 1997, the centers appeared differently based on the regional dimension, the difference of the number of persons to be accommodated, and the social and economic characteristics. Coping with these problems occurring, along with the necessity of welfare facilities for the leisure of the aged, the government prepared and carried out a number of plans for the service of the aged and securing of facilities. This practice of the government, however, centered on the crease of service in quantity other than the quality, resulting in a situation of lacking the welfare facilities for the aged meeting the requirement of the aged in their aspect of consumer. On the contrary, building the welfare centers in Japan started in 1960 with a rapid increase of the number of centers in 1970s, and there were 2,214 welfare centers in operation in Japan in 1995, keeping a high level of service in quality and quantity. Thus, this study aims to present basic materials necessary for the criteria of space designing plans for the aged welfare centers in Korea through case analysis of the facility criterion, area constitution and space constitution by the floor that play an important role in regional welfare facilities for the aged in Japan.

• Analytical Science and Technology
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• v.23 no.2
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• pp.109-118
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• 2010

Amended at the Law of indoor air quality management open a court according to the test method and excess standard of the fluid building material were changed. It used the paint and the putty in the fluid building material from this research and comparison of amended and original method it led and in about change direction of amended standard with change of the emission rate who is caused by in the amended test method and excess standard it examined. The reduction emission rate about 45% decreases in the change of test period of the paint, there was not an effect of the emission rate whom it follows in change of dry time. Also change of the emission rate whom it follows in change of application quantity the product which above $5\;mg/m^2h$ has the high emission rate the change of the emission rate is big but there was not change of the emission rate from the products of that others. The putty the emission rate about 61% decreases in case in the change of test period, there was not an effect of the emission rate whom it follows at dry time. The emission rate about 164% increased with increase of application quantity. It tried to compare two test methods, it compared in the paint and putty all current test method it was relaxed the possibility of knowing the thing there was a standard.

• Journal of radiological science and technology
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• v.44 no.5
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• pp.503-512
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• 2021

The purpose of this study is to check the extent to which "instruction of physician or dentist" defined in the Medical Service Technologists, etc. Act is applied in relation to radiography examination procedures for radiological technologists. In addition, it is intended to present basic data on the requirement to revise the Medical Service Technologists, etc. Act in the radiological technologist's duty area and scope of work, The subjects of this study were radiological technologists with license, and the response data were collected after sending the questionnaire link written on the online questionnaire form. The final number of respondents were 1,018, and the response rate was 6.8%. Most of the negative responses were "I have never received 'instruction' for radiologic examination by a physician or dentist, including a radiologist in a medical environment." There were a high perception that "the professionalism in radiation examination on radiological technologists are higher than that of a physician or dentist." They answered that the current continuing education has a great impact on maintaining and continuing professionalism and learning new knowledge in the radiology field. In addition, the radiological technologists provide a very high level of education in areas related to radiography procedure ethics such as patient care, patient safety, and patient privacy protection, as well as specialized fields such as radiation-related examination methods, radiography examination dose, and patient exposure dose. Radiological technologists replied that they were receiving it consistently. In conclusion, in the current medical environment, the 'instruction' of a physician or dentist cannot be seen as being realistically performed. The phrase 'instruction' of a physician or dentist as defined in the Medical Service Technologists, etc. Act is considered inappropriate in respect of the fact that the state recognizes the qualifications of the medical service technologist through a license. It is thought that revision to a new term suitable for the current medical environment is necessary.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.13 no.6
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• pp.2779-2788
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• 2012

The housing market is now difficult because of excess of the increase rate of housing and long-term recession but high-rise mixed-use buildings can mix residential facilities with various demand facilities focusing and they have the advantages to secure open space and excellent view by high-rise apartment. But there are problems by hindrance of skyline formation and height of buildings. Therefore, the purpose of this study is to suggest the height standard and the slenderness ratio to location types of Mixed-use Residential Tall buildings. For the method of the study, term arrangement through literature search and the precedent research survey were first done, the level of urban design and the details related to the height of buildings were done as the case research focusing on the 16 cases in Seoul. The following results were drawn by suggesting the height standard and the slenderness ratio by location type based on them. First, the height of mixed-use building by location type in the level of urban design gets higher starting from the secondary center of the city and can be suggested as from less than 150m to more than 200m. Second, the slenderness ratio shall be planned as more than 1:3 because the area of the ground level of mixed-use building is large unlike Mixed-use Residential Tall buildings and visual passage shall be placed so that unity of openness and group formation will be planned. Third, for the height related to Mixed-use Residential Tall buildings, amendment of the special architectural district system and the special law related to super high-rise buildings shall be enacted.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.119-136
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• 2015

The contracting parties must be provided a litigation scheme in order to resolve a dispute. This means taking advantage of effective measures for mediation or arbitration. A lease transaction is likely to occur mainly after a dispute. It is necessary to take the appropriate measures in advance. In general, when a variety of contracts are created, conflicts arise and disputes have to be resolved through mediation and arbitration documents, and adjustment or intervention is called for. Arbitration system is a system that is established based on the trust of the arbitral tribunal. For such system, quality education for enhancing professionalism required of the arbitrator is important. A party responding to an arbitration agreement presents a problem. The current system must ensure that there are no disadvantaged parties. However, a party must depend on an arbitration agreement that is part of the law rescue system. A litigation support by the local Bar Association must be carried out. It should be notified of the contents of the contract to select a strategy that will best resolve the conflict. In the case of lease transactions, there is a need to create a scheme to make a standard agreement that inserts an arbitration clause. Lease sale and purchase agreement or lease agreement is a form of contract that has been frequently used. Here, the arbitration agreement clause for a lawyer that will serve as arbitrator should be inserted. It is a scheme that can be activated for individuals in poor areas. In addition, it is possible to see it taking a scheme to take advantage of the lawyer system for the future of the town. The Attorney System of a town is a system that the Korean Bar Association, Legal Department has put in place since 2013. If a real estate trade dispute occurs, the role of the intermediary attorney should be to carry out his duties efficiently. In the case of real estate transaction conflicts, the lawyer of the village should be registered as the arbitrator. It is important to establish a basis of regulations through this type of real estate transaction accident analysis. Before proceeding with various adjustment systems, it is desirable to expand the arbitration region. Now we need a realtor amendment. It is the part where fragmentation of intermediary qualification is required, along with the eligibility of a subdivision.