• Title/Summary/Keyword: Constitutional Court

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A Study of the Change Method of Korean Resident Registration Number (주민등록번호 변경 방법에 대한 연구)

  • Lee, Younggyo;Ahn, Jeonghee
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.12 no.3
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    • pp.65-74
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    • 2016
  • The Korean resident registration number has been used since 1962 as a personal identification number. The Korean government assigns this number to each korean citizen and it is not able to be changed. In 2000s, as the Internet was rapidly spreaded out, personal information such as the Korean resident registration number, name, home address, and phone number was leaked. The companies provide diverse internet service while collecting personal information. However, personal information was sometimes leaked because of hacking, poor information management and so on. As s results, some of citizens asked government and court of Korea to change the Korean resident registration number because they suffered material damage and emotional distress. The constitutional court decided to be able to change the number from 2018. In this study, the Korean resident registration number which is possible to change, serial number, public certificate, I-PIN, and My-PIN were analyzed comparatively. In addition, considerations when the Korean resident registration number was changed were discussed. The public certificate and I-PIN were appropriate to the case of on-line Korean resident registration number. The Korean resident registration number, serial number, My-PIN were appropriate to the case of off-line Korean resident registration number. Lastly, it would be efficient to manage the Korean resident registration number separately such as on-line and off-line.

The Role of Transformational Leadership in Building Organizational Citizenship: The Civil Servants of Indonesia

  • HAPSARI, Diana;RIYANTO, Setyo;ENDRI, Endri
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.2
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    • pp.595-604
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    • 2021
  • For civil servants in the legal sector, the best performance that must be shown is not how they carry out activities following standard operational procedures but what is more important is how they show Organizational Citizenship Behavior (OCB) in daily activities. This study aims to examine what factors influence the formation of OCB civil servants in the legal sector in Indonesia. The study was conducted on 145 civil servant respondents who were involved in secretarial activities, each from the Judicial Commission Secretariat, the Attorney General's Office, the Ministry of Justice, the Supreme Court, the Police Headquarters, and the Constitutional Court. The research methodology used Partial Least Square (PLS) Version 3.0. The empirical findings of the research show that organizational culture has a significant influence in shaping transformational leadership that can build OCB among civil servants in Indonesia. This effect is much larger and more significant than the compensation system, which is widely believed to be the main factor in forming OCB, such as the results of previous studies. The results of this study imply that the formation of an organizational culture with values that can create high work productivity which has an impact on transformational leadership styles in building OCB.

The Right to a Humane Livelihood and the Right to Health on Korean Constitution (인간다운 생활을 할 권리와 건강권)

  • Park, Jiyong
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.3-24
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    • 2019
  • This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

A Teleological Interpretation of a Doctor's "Guidance" for Physical Therapist (물리치료사에 대한 의사의 "지도"의 목적론적 해석)

  • Lee, Ju-Il
    • Journal of the Korean Society of Physical Medicine
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    • v.13 no.2
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    • pp.147-156
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    • 2018
  • PURPOSE: The law pertaining to medical service technologists does not discuss the scope and limits of doctors' guidelines. My paper aims to discuss these topics. METHODS: This study was based on a review of literature and an analysis of judicial precedents. RESULTS: Physical therapists have often noted the need for independent practitioners in their articles on health care. Their continued discussions on professional and educational differences have centered round this issue, but their ideas have not been accepted. Practitioners have continued to interpret doctors' guidelines in hospitals without discussing their scope. However, the Supreme Court presented a meaningful decision outlining the conceptual limits and the scope of medical practice. The court suggested, basing its interpretation in the goal of clarifying the concept of medical activities smoothly, was to follow a specific judgment on the levels of education, testing, and professionalism. CONCLUSION: The role of physical therapists is expanding in this country, in order to meet the needs of the ultra-aged society. Education is already responding to rising training needs. By dividing the doctors' guidelines into indirect and direct types, if there's no medical risk near or around the health center or hospital, it is a good idea to allow the management of physical therapy partially, while understanding the scope and limitations of these guidelines clearly. A teleological interpretation of the law is especially relevant, and can be implemented immediately by the authoritative interpretation on part of the health authorities without any legal amendments.

Through SNS and freedom of election Publicized criminal misrepresentation (SNS를 통한 선거의 자유와 허위사실공표죄)

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.2
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    • pp.149-156
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    • 2013
  • In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. Moreover, in the mean time the campaign and which in the course of the election campaign through the SNS, the infinite potential of the growing point than any point spread from the SNS and freedom of election campaign through public election law with regard to the limitation of the diffusion of false facts, awards, a number of problems are likely to occur. You've been in this business and disseminate false guilt disparage precandidacy for true-false, as well. He should be able to reach a specific goal you want to defeat through the dissemination of information which is specified as a crime for this strictly for the fact that disseminate false, rather than to interpret it is the judgment of the Court in that judgment against have been made. Therefore, this strict interpretation of the law and the need to revise or delete before I would like to discuss about. The legislation would repeal the cull of Ron sang first of all point out the issue through analytics. First, the purpose of the data protection Act provides limited interpretation to fit in this world of sin. Secondly, this sin is committed for the purpose of prevention, since the purpose of the objective in this case of sin and the need to interpret strictly. Why I am the Internet space in the case of so-called tweets from followers, this means in some cases done without a lot of the stars because of this, there will be a limit to the punishment of sin, this is obvious. And, in the long-awaited Constitutional Court ensures the freedom of election campaign through SNS and free election in the country, even in the limited sense interpretation opens the chapter of communication is needed. This ensured the freedom of expression will be highly this is a mature civil society that will be imperative.

Constitutional Limits of the Medical Fee Payment System and the Unconstitutionality of Fixed Payment System (진료수가제도의 헌법적 한계와 정액수가제의 위헌성 -헌법재판소 2020. 4. 23. 선고 2017헌마103 결정을 중심으로-)

  • Hyun, Doo-youn
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.69-105
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    • 2020
  • In the health care system, medical fee payment is a very important and basic factor. The National Health Insurance Act adopted a contract system, and the content of the contract is to be determined the unit price per relative value scale. Accordingly, in the National Health Insurance system, the costs of health care benefits are adjusted each year according to inflation or changes in economic conditions. On the other hand, in the Medical Care Assistance system, the Medical Care Assistance Act does not prescribe the method of determining the medical payment, and all matters are delegated to the Minister of Health and Welfare. Accordingly, the Minister has adopted a fixed-payment system for hemodialysis treatment since 2001. A constitutional petition was filed in 2017 against this fixed-payment system, and the Constitutional Court rejected the petition in 2020. In this study, we examine the meaning and content of the medical fee payment system, focusing on the above constitutional petition case, and present three principles as constitutional limits on the system. The first of its principles is the principle of legality, the second is the principle of prohibition of comprehensive delegation, and the third is the principle of proportionality. From that point of view, There are many unconstitutional elements in the fixed-payment system on hemodialysis.

A Study on the Reformation of Long-term Unexecuted Urban Plan Facilities using GIS (GIS을 활용한 장기 미집행 도시계획시설 재정비에 관한 연구)

  • Ahn Hyung-June;Lee Mi-Ji;Koh June-Hwan;Lee Sang-Mi
    • Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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    • 2006.04a
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    • pp.491-494
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    • 2006
  • Many urban-plan facilities were settled by the government in the need of infrastructure due to the rapid urbanization. The Constitutional Court judged that the exclusion of land-owners' private right to use their land did not accord with the Constitution, and the infringement of their right because of currently unexecuted facilities became the urgent task to be solved due to the revision of the Urban plan law revised on January 28, 2000. Accordingly, the government needed to establish a complete plan to review and rearrange the long-term unexcuted urban plan facilities. For this plan to be successful, we have constructed the database of unexecuted urban plan facilities by using GIS analysis technique in this research. Further, we will construct a basic database to manage the unexecuted urban plan facilities by utilizing the database we have constructed, computerized geographical information files of LMIS, urban plan facilities data of UPIS, and other information.

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The Constitutionality of Individual Mandate under the U.S. Patient Protection and Affordable Care Act of 2010 (미국 의료개혁법의 의료보험 의무가입 제도에 대한 연방대법원의 합헌결정)

  • Lee, Won Bok
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.275-302
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    • 2013
  • The Unites States has been plagued with soaring health care costs and an alarmingly large number of uninsured population. The Patient Protection and Affordable Care Act of 2010 ushered in the most sweeping health care reform in the United States since the introduction of Medicare and Medicaid in 1965 to address these issues. The law's requirement for individuals to purchase health insurance (the so-called "individual mandate"), however, not only caused a political stir but also prompted constitutional challenges. Some questioned whether the federal government, lacking general police power, could require its citizens to buy unwanted insurance based on its enumerated powers under the U.S. Constitution. This paper summarizes the decision of the U.S. Supreme Court on the constitutionality of individual mandate, and explores how the decision relates to Korea's own universal health care.

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The Exploratory Study on Prevention of illegal Medical Advertisement in Healthcare Market

  • Jeun, Young-Ju
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.5
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    • pp.105-110
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    • 2017
  • It is natural that the medical advertisement should be guaranteed as part of the basic commercial activities of medical institutions. However, the general public are non-specialist and they have less informed about medical care than medical specialists, and it is not easy to judge and select medical information. Also, if someone damaged by illegal medical advertising, it cannot be recovered to the original. In this regard, medical advertising has been legislated so that medical organizations can pre - screen the medical laws. However, In December 2015, after the Constitutional Court ruled unconstitutional preliminary censorship, it became virtually impossible to pre-screen. In recent years, illegal medical advertisement have been on the rise, and false and exaggerated medical advertising are increasing the damage to medical consumers. Therefore it is urgent to take countermeasures about this. Thus, this paper try to analyzes the characteristics of general commercial and other medical advertisements and looks for alternatives that can minimize the damage caused by illegal medical advertisements and institutional weaknesses by analyzing the regulatory trends in medical advertising.

Dream of Korean Physical Therapist (우리의 소원은 독립)

  • Bae, Sung-Soo
    • Journal of the Korean Society of Physical Medicine
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    • v.5 no.2
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    • pp.125-131
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    • 2010
  • Purpose : The objective of this study was conducted to find out solution that physical therapist can get own clinic. Method : This is a literature study with books and reviewing the dismiss a suit of the court of constitutional law. Results : Physical therapist can have own clinic with legislature by the legislation and the Executive activities. Physical therapist is not only head of rehabilitation but all so controller. Physical therapist has different roll for the patient than medical doctor. Conclusion : Physical therapist was educated for the patient‘s activities. Physical therapist can increase task performance of the patient and life of quality.