• Title/Summary/Keyword: Disclosure law

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Postmodernism and Korean National Archives System since 1999 (기록의 역운 <포스트1999>를 전망하며)

  • Lee, Young-Nam
    • The Korean Journal of Archival Studies
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    • no.39
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    • pp.229-280
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    • 2014
  • This essay focused on the critical review of Korean National Archives System(KNAS) since 1999. We think that KNAS could establish the backbone with basic records law on 1999. It's right. But it is not enough for explaining the full historical growth. there are some factors below the growth. This essay tried to the basic three factors below. That means the the demonstration discourse, archival system practices, and archiving technologies in the contexts of the unique standard by the basic records law. These three factors have been the powerful engine for the take-off of KNAS since 1999. However, the powerful history has shadows of growth. This essay narrated the shadows by the frame of 'counter-destiny'. The most dangerous shadow is the loss of archival cultures because the KNAS has been composed of efficiency mentality. That means that KNAS has no unique archival culture for citizenship. So, this essay tried to talk about 'Post1999' to Archives Community.

Irish public opinion on assisted human reproduction services: Contemporary assessments from a national sample

  • Walsh, David J.;Sills, E. Scott;Collins, Gary S.;Hawrylyshyn, Christine A.;Sokol, Piotr;Walsh, Anthony P.H.
    • Clinical and Experimental Reproductive Medicine
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    • v.40 no.4
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    • pp.169-173
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    • 2013
  • Objective: To measure Irish opinion on a range of assisted human reproduction (AHR) treatments. Methods: A nationally representative sample of Irish adults (n=1,003) were anonymously sampled by telephone survey. Results: Most participants (77%) agreed that any fertility services offered internationally should also be available in Ireland, although only a small minority of the general Irish population had personal familiarity with AHR or infertility. This sample finds substantial agreement (63%) that the Government of Ireland should introduce legislation covering AHR. The range of support for gamete donation in Ireland ranged from 53% to 83%, depending on how donor privacy and disclosure policies are presented. For example, donation where the donor agrees to be contacted by the child born following donation, and anonymous donation where donor privacy is completely protected by law were supported by 68% and 66%, respectively. The least popular (53%) donor gamete treatment type appeared to be donation where the donor consents to be involved in the future life of any child born as a result of donor fertility treatment. Respondents in social class ABC1 (58%), age 18 to 24 (62%), age 25 to 34 (60%), or without children (61%) were more likely to favour this donor treatment policy in our sample. Conclusion: This is the first nationwide assessment of Irish public opinion on the advanced reproductive technologies since 2005. Access to a wide range of AHR treatment was supported by all subgroups studied. Public opinion concerning specific types of AHR treatment varied, yet general support for the need for national AHR legislation was reported by 63% of this national sample. Contemporary views on AHR remain largely consistent with the Commission for Assisted Human Reproduction recommendations from 2005, although further research is needed to clarify exactly how popular opinion on these issues has changed. It appears that legislation allowing for the full range of donation options (and not mandating disclosure of donor identity at a stipulated age) would better align with current Irish public opinion.

A Study on Precedents about Defamation by Ghost Surgery Disclosure and Its Implication (유령수술 공개에 따른 명예훼손에 관한 판례 고찰 및 시사점 : 서울고등법원 2020. 9. 11. 선고 2019노2201 판결 중심으로)

  • Jeon, Byeong-Joo;Han, Hye-Sook
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.634-644
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    • 2021
  • Despite the increased social demand for strengthening the punishment for ghost surgery in Korea, the governmental management is very passive compared to other offenses of medical law, and the punishment for ghost surgery is insufficient, so that medical malpractices are continuously occurring. A plastic surgeon who posted the names of clinics performing ghost surgery and the number of deaths on the internet bulletin board, was charged with the violation of the Information Telecommunication Act(defamation). Thus, this study aimed to present the legal/institutional issues and implications of defamation by the release of ghost surgery, by initially examining the charged case after posting the contents showing the death of patients by ghost surgery in clinics on the internet bulletin board. This study aimed to understand how strictly the court approached the ghost surgery in the aspect of public interest, and also to understand the judgment standard of punishment for defamation by investigating the publicly alleging facts and public interest by the disclosure of ghost surgery. Moreover, this study aims to provide the basic data necessary for guaranteeing the national health right by arousing attention to ghost surgery.

A Study on the Distribution Environment and Consumer Behavior of Smartphone (스마트폰 유통환경과 소비자 행동에 관한 연구)

  • Kim, Min-Soo
    • Journal of Distribution Science
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    • v.16 no.4
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    • pp.67-74
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    • 2018
  • Purpose - Most of the amendments to the law on the improvement of the distribution structure of mobile communication terminal equipment, the fully self-sufficient system of terminals, and the separated disclosure system on the terminals are aimed at securing transparency of the distribution structure by eliminating or reducing handset subsidies. This study investigates what items are important for the purchase of mobile phones in various and rapidly changing mobile phone markets from the consumer's point of view and tries to make a strategic suggestion for future mobile distribution strategies. Research design, data, and methodology - The procedure of this study takes place in four steps. In step 1, only the SF type respondents selected for this study were extracted through MBTI analysis. In step 2, they were divided into three hierarchies for the AHP analysis and each element was arranged. In step 3, the AHP analysis was converted to a Fuzzy-AHP number using the trigonometric centroid method. This was to eliminate the ambiguity of the response by converting into a fuzzy number even if data consistency was maintained with CI value below 0.1. In step 4, the number of converted 2-layer and 3-layer was combined to derive the priority when the final handset is selected. Results - First, the highest importance among the four items in the second tier was the terminal function item, followed by brand, price, and design item. Second, in the third tier, the highest importance was level of after-sales service, followed by device price, processing speed, ease of use, usefulness, and rate system. Third, the arithmetic average of the determinant of the fuzzy function showed that processing speed, ease of use and usefulness in the function item, level of after-sales service in the brand item, and device price in the price item were the five most important factors among 16 choice factors. Conclusions - First, there will be a change in the consumption patterns of consumers who have compared distributors and dealers to purchase handsets with more subsidies. Second, it is highly likely that people will purchase new handsets only when they need to change their devices because they can not receive subsidies by switching phone brands any more.

Personal Information Management in Korea National Long-Term Ecological Research Community (국가장기생태연구 커뮤니티의 개인정보 관리)

  • Huh, Taesang;Jung, Hoekyung
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.20 no.12
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    • pp.2274-2281
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    • 2016
  • In the long-term ecological research community, personal information is an important factor for the collaboration of data management and data usage in international long-term ecological research as well as on the national level. If lots of personal information was disclosed, collaborative researchers are useful to carry out research cooperation, whereas, information providers tend to be burdened to disclose it. LTER system should be considered to provide both maximum personal information required by a community and minimum personal information to be provided to unrelated people due to the scale of personal information and a number of the constraints on disclosure in the aspect of information distribution of the laws associated with personal information protection. In this article, we analyze international ecological metadata standard, EML, and trends in personal information management throughout international long-term ecological research platforms and propose a system model capable of managing personal information based on related domestic laws for the international data exchange through design and implementation.

Attorney's Duty to Protect Personal Information (변호사의 개인정보 보호의무)

  • Hah, Jung Chul
    • Journal of Digital Convergence
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    • v.12 no.7
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    • pp.1-10
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    • 2014
  • In February 2014 Korean Bar Association has amended Professional Ethics Code as to stipulate attorney's duty to protect personal information. While existing Korean law and Professional Ethics Code has made attorney to keep client's confidential information, attorney's newly promulgated obligation has its meaning in that personal information of subject other than client is not protected through confidentiality rules, given that confidentiality obligation is interpreted to protect only client's information relating to representation. Moreover, duty to protect personal information deals with not only disclosure and use of information, which confidentiality rules is about, but also collection and retention process, access to and correction and care of information and even destruction of information. Amid unprecedented theft of personal data in several national banks and other serious leakage reported recently, this paper is going to contemplate the scope and application of the duty to protect personal information with hope to contribute to starting discussion on it.

A Study on the Provisions in Line with the Free Use of Public Works in the Aspect of Archival Information Services (기록정보서비스 관점에서 공공저작물 자유이용 법제화의 의미와 한계에 대한 고찰)

  • Joung, Kyounghee
    • Journal of Korean Society of Archives and Records Management
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    • v.14 no.4
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    • pp.177-198
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    • 2014
  • This study analyzed the meanings and other details of the provisions in line with the free use of public works introduced through the Copyright Act of Korea in Dec. 2013 in the aspect of archival information services and indicated the limitations as follows. First, not all institutions shall follow the provisions because it does not cover all institutions under the Law of Records Management in Korea. Second, even though most of works made for hire in state institutions, local governments, and public institutions are not yet made public, to enable a work to be made public is a requisite for public works to be used for free. This is to limit the scope of public works. To solve the problems, this study suggested the revision directions of the Copyright Act of Korea that every school, which creates works made for hire, are covered in the institutions that enable the free use of works and change the requisite to make a work public for the disclosure the information. This study also suggested that the element for copyright information shall be created in the records schedule for public institutions and metadata standard for records management. The copyright information shall also be described when the records are registered.

Study on Management Condition and Development Plan for an Official Seal (관인관리 실태와 발전방안 연구)

  • Lee, Bong-Min;Lee, Sung-Sook
    • Journal of Information Management
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    • v.40 no.3
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    • pp.151-176
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    • 2009
  • The purpose of this study is to propose effective management plan for official seal guaranteeing authenticity of archival records. For this, this paper attempts to investigate current management conditions of central governments and National Archives. First, disclosure of information on official seal register in central government was requested. In addition, surveys and interviews with person in charge were carried out. Additionally, official seal lists of National Archives were analyzed and the person in charge was interviewed. Based on these, this paper proposed management plans of official seal such as a periodic inspection of management conditions, training programs for the person in charge, selective acquisition, reporting of the current state, improvement of law system, improvement of document formats, and establishment of an electronic seal management system, etc.

A Study on the Precedents Changing Related to Using Medical Devices of Korean Medicine Doctors (한의사 의료기기 사용과 관련된 판례 및 기존 연구 분석과 경향 변화)

  • Park, Jeongsu;Oh, Kichang;Kwon, Sanghyuk;Chu, Hongmin;Kim, Jungsang
    • The Journal of Internal Korean Medicine
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    • v.42 no.6
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    • pp.1303-1318
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    • 2021
  • Objectives: The aim of this study was to examine the debate on the use of medical devices between Western Medicine and Korean Medicine, as this is one of the greatest conflicts in Korea's medical profession. Judicial precedents and interpretations of authority serve as regulations because medical affairs law states that Korean Medicine practices are ambiguous. Method: We conducted a search in the Korean RISS, OASIS, and DBPIA databases using several keywords associated with medical devices, Korean Medicine, and Korean Medicine Doctors. The search period was until November 5 2021. The retrieved papers were classified according to the selection and exclusion criteria by checking the title, abstract, and text. For precedents, searches were done regarding comprehensive legal information, etc., and in the case of non-disclosure precedents, we requested access to the precedents by web-court requests. Results: A total of 80 documents were found as a result of the search, and 13 publications were included in the study. The selected publications were classified and analyzed by this research team into Korean medicine, Western medicine, and legal or state agency research. In the existing literature and judgments, the arguments that played a major role changed depending on the time the judgment was made. "Social conventions", "curriculum", "academic principles", and "health and hygiene dangers" were the key arguments. Conclusions: Further studies will be needed that can comprehensively arrange the existing literature and clinical results, and continuous study will be needed to verify that the use of medical devices by Korean medicine doctors is helpful for prognosis and accurate treatment of their patients.

Status of the Constitutional Court Records Management and Improvement (헌법재판소 기록관리현황과 개선방안)

  • Lee, Cheol-Hwan;Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.38
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    • pp.75-124
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    • 2013
  • This study aims, by paying attention to the special values of records of Constitutional Court, to discuss the characteristics of them and figuring out their present state, and to suggest some measures for improvement in the records management. First of all, I defined the concept of the records of Constitutional Court and its scope, and made an effort to comprehend their types and distinct features, and on the basis of which I tried to grasp the characteristics of the records. Put simply, the records of Constitutional Court are essential records indispensible to the application of Constitutional Court's documentation strategy of them, and they are valuable particularly at the level of the taking-root of democracy and the guarantee of human rights in a country. Owing to their characteristics of handling nationally important events, also, the context of the records is far-reaching to the records of other constitutional institutions and administrations, etc. In the second place, I analyzed Records Management Present State. At a division stage, I grasped the present state of creation, registration, and classification system of records. At an archives repository stage, I made efforts to figure out specifically the perseveration of records and the present of state of using them. On the basis of such figuring-outs of the present situation of records of Constitutional Court, I pointed at problems in how to manage them and suggested some measures to improve it in accordance with the problems, by dividing its process into four, Infrastructure, Process, Opening to the public and Application. In the infrastructure process, after revealing problems in its system, facilities, and human power, I presented some ways to improve it. In terms of its process, by focusing on classification and appraisal, I pointed out problems in them and suggested alternatives. In classification, I suggested to change the classification structure of trial records; in appraisal, I insisted on reconsidering the method of appropriating the retention periods of administration records, for it is not correspondent with reality in which, even in an file of a event, there are several different retention periods so it is likely for the context of the event worryingly to be segmented. In opening to the public and application, I pointed at problems in information disclosure at first, and made a suggestion of the establishment of a wide information disclosure law applicable to all sort of records. In application, I contended the expansion of the possibility of application of records and the scope of them through cooperation with other related-institutions.