• 디지털융복합연구
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• 제12권6호
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• pp.1-11
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• 2014

디지털정보의 저장기술력이 크게 향상되고 무기한 저장이 가능해지면서 인터넷상을 떠돌아다니는 정보들이 개인의 사생활을 침해하고 고통을 주는 사례들이 늘어나고 있다. 이에 본 연구자는 개인의 잊혀질 권리가 언론의 자유와 충돌할 경우 어떻게 해결하는지에 초점을 맞추어 연구하고자 하였다. 이를 위하여 '잊혀질 권리'의 개념과 법적 토대, 잊혀질 권리의 보장과 법적 적용을 위한 방안에 대해 고찰하였다. 법적으로 잊혀질 권리는 헌법 10조에 의해 도출되는 자기결정권을 주로하고 헌법 17조의 프라이버시권을 부로 하여 근거를 들 수 있다. 법 절차상 잊혀질 권리를 보장하기 위해서는 현행법상 언론중재법을 활용하되 신청기간의 제한을 둔 조항을 수정하고, 사실인 과거 기사에 대한 삭제 요구권, 정보제공 동의기간에 제한을 두는 규정 등이 필요하다.

• 의료법학
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• 제8권2호
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• pp.69-118
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• 2007

In providing general medical treatments, the medical service contract between the patient and the doctor is the mutually responsible onerous contract. However, the nature of the mutually assumed contract standings of the patient and the doctor has been changing since the implementation of the national health insurance program. For instance, besides the cases of beyond excessive medical charges and medical negligence, if the doctor charged for his/her medical treatments violating the post-treatment/nursing cover criteria, the overpaid medical charge, regardless of being collected with the patient's consent, has to be refunded back to the patient. Medically needed aspects, treatment results, and unfair benefits favoring the patient are not at all taken into consideration in the health insurance scheme. This makes it easier for patients to get refunds for their share of the medical payments by involving the Health Insurance Review & Assessment Service or the National Health Insurance Corporation, without engaging in civil law suits (for reimbursement claim) against doctors. In other words, the doctor's responsibility to provide medical treatments and the patient's responsibility to pay for the medical treatment provided within the contractual realm are being demolished by the administrational arbitration of the National Health Insurance system. The basic rights of medical service providers, and the patient's right to choose are as important constitutional rights, as the National Health Insurance program, which is essential in the social welfare system. Furthermore, the development of the medical fields should not be prevented by the National Health Insurance system. If the medical treatment services can be divided into necessary treatments, general treatments, and high quality treatments, the National Health Insurance is supposed to guarantee the necessary and general treatments to provide medical treatments equally to all the insured with limited financial resources. However, for the high quality treatments, it is recommended that they should not be interfered by the National Health Insurance system, and that they should be left to the private contract between the patient and the doctor.

• 의료법학
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• 제13권1호
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• pp.11-40
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• 2012

National Health Insurance Act has been enforced all over the People as part of the effort to assure the minimum constitutional human worth and dignity in the aspect of the right to pursue health for preventing misfortune that comes to death without even a chance to be received treatment for illness or injury. Meanwhile auto insurance is compulsory in certain parts in order to promote benefits of everyday life and the rapid recovery of the damage caused by traffic accident when one have negligently driven a car which has become the necessities in daily life. Any injured driver in a traffic accident can be treated by National Health Insurance without getting an auto insurance in various circumstances, but Article 3 paragraph 2 of Traffic Accident Act don't allow exception of criminal punishment when he has driven a car without license, drunken, or tresspassing the centerline, etc. When the injury occured by his own certain negligence is judged to 'when he has intentionally or through gross negligence caused a criminal conduct or intentionally contributed to the occurrence of an accident' of National Health Insurance Act, insurance benefits can be restricted. Such a restriction could harm the right to pursue happiness and health of People by depriving the poor, who cannot afford to pay, of chances to get treatment. Here we will see benefit restriction by 'gross negligence' of National Health Insurance Act Article 48 paragraph 1, which has largest portion of such restriction. It is desirable to delete 'gross negligence' clause from above paragraph and to interpret 'when' clause restrictively for diminishing confusion of interpreting and guaranteeing the right of health.

• 분석과 대안
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• 제3권2호
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• pp.59-85
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• 2019

The Hong Kong's Anti-Ordinance Amendment Movement is the most serious radical social movement since the 1997 return, which has served as the promotion of the 2014 Occupy Central Movement and broken through the violence baseline. The movement came from a criminal case committed in Taiwan,which gave a good reason and motivation for the HK government to amend the Fugitive Offenders Ordinance. The HK government has responded to the protests by strictly limiting the legal scope and transfer procedure, even giving up the legislative motion. But the protests still say no and develop into the constantly violent activities. Many of the protests have committed the crimes in HK laws,part of whom have been arrested,prosecuted and under judicially judged. It is necessary for the offenders to be punished to protect the authority of rule of law in HK. Two different paths for HK have fought against each other since the 1997 return: one is the "democratic-welfare" path taken by the Pan-Democratic Camp, the other is the "Legal-development" path taken by the Pan-Establishment Camp. The second path shares some nuclear characteristics of the so-called The China Model mainly shaped from the 40-years Reforms and Openness. However, the HK people can't understand the China Model very well and show great fear and distrust on the judicial system of Mainland China. The foreign powers such as US and UK have illegally interfered the HK issues which are deemed to be the domestic affairs of China. The so-called Sino-UK Joint Declaration can't serve as the legal basis for the interference. Taiwan, as a part of China, also plays a negative role in this movement for its electoral and political interest. Up to now, the movement has gone down and the HK government has the legal capacity to solve the problems under the supports from the central government and the HK people. The HK people love its rule of law and order under the constitutional framework of One Country Two System. After the movement,One Country Two Systems will be go on, and the integrated development under the policies of the central government will be the main stream. However, the relevant problems exposed by this movement muse be checked and solved legally and strictly,especially concerning the social inequality and youth development.

• 통상정보연구
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• 제11권4호
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• pp.263-287
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• 2009

This paper aims at examining whether the current Korean customs punishment system is appropriate and reasonable for eliminating customs offenses, such as smuggling, and explores ways to improve the penal provisions of customs law. The current multiple fine system, governed by the penalty for evasion of customs duty, penalty for abatement and exemption by fraud or unfair practices and penalty for drawback by fraud or unfair practices, clearly violates a sense of responsibility and the constitutional principle of no excess punishment. Therefore it should be changed to a fixed fine system and confiscate and collect in addition the items with customs evasion and exemption by fraud or unfair practices.

• 한국중재학회지:중재연구
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• 제16권1호
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• pp.153-185
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• 2006

This article deals with the Improvement of Compulsory Arbitration System on Trade Union and Labor Relations Adjustment Act in Korea. If a labor dispute occcur, the settlement of labor dispute must be reached for the parties' own accord. The autonomy of the parties concerned is the fundamental principle in the settlement of labor dispute. If the Rights Which are guaranteed by art. 33 Constitutional Law belong to civil liberties, we should consider Trade Union Act as the restriction of basic rights. Arbitration is a procedure which permits the most positive intervention by the arbitrator. It is carried out by an arbitration committe which is composed of three arbitrators appointed by the chairman of the Labor Relations Commission. Compulsory arbitration system of the labor for parties should be improved. In case of necessary public enterprises, more strict requirements on assembly for labor disputes should be prepared and the government should support institutions to prevent labor-management disputes by educating experts on labor-management relations and improving the quality of arbitration.

• 한국측량학회:학술대회논문집
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• 한국측량학회 2006년도 춘계학술발표회 논문집
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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.

• 한국학교보건학회지
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• 제1권1호
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• pp.61-102
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• 1988

One of the first constitutional challenges to congressional legislation in the area of school health came in 1967. The action of Ministry of Education for the school health program is within school health act constituted 20 Articles and its regulation of 14 Articles. This study was reviewed the school health act and its regulation for the development of school health program. The data were collected by 14 Boards of Education from November 1986 to January, 1987. The results of this study were identified the articles needss to change such as the articles with regard to health education activity, physical assessment activity, criteria of school health environment, control of communicable disease, First-Aid and clinic management by School nurses.

• 한국통신학회논문지
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• 제15권12호
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• pp.1017-1030
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• 1990

우리가 살고 있는 情報化社會는 非人間化와 프라이버시의 危機를 맞게 된다. 기술발전과 컴퓨터 使用의 增加는 個人情報의 大量 累積과 파일化를 가져오게 되고, 이것은 또한 여러 가지 制度上 未備에 따른 情報 누설 등 私生活의 危險을 초래하게 되었다. 이를 爲한 保護立法이 마련되어야 하며 이에 앞서 프라이버시의 개념과 法的 性質 등 문제가 解明되어야 한다.

• 대한물리의학회지
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• 제5권2호
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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.