• Journal of the Society of Disaster Information
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• 제10권2호
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• pp.294-303
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• 2014

The state has the constitutional duty to secure the safety of its citizens and provide protection against any physical dangers. The Republic of Korea has a high threat of nuclear, biological and or chemical(hereafter referred to as NBC) attack from the Democratic People's Republic of Korea. Thus, the state has a responsibility to form a legislation to provide the protection for its citizens and implement duty to guarantee the human rights. Under the current legislation, the 'United Defense Act', 'Framework Act on Civil Defense' that are applied under wartime conditions are insufficient in providing the protection of the citizens of the state in the occurrence of NBC attack. Therefore, it is necessary that the 'Act for the Protection of Citizens in the occurrence of NBC Attack' is legislated to provide a system that protects the nation's citizens under the wartime conditions mentioned above. This paper incorporates a theoretical analysis of the need for the constitutional responsibility of the state to provide protection for its citizens under wartime conditions, the necessity of a specific measure to protect citizens during NBC attack, the relationship between 'Act for the Protection of Citizens in the occurrence of Nuclear, Chemical and or Biological Attack' and current legislations that are applied under wartime conditions, and the particulars of the proposed act.

• The Journal of the Korea Contents Association
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• 제21권3호
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• pp.761-770
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• 2021

The purpose of this study is to examine improvements of after-school care policy for elementary school-age children based on children's rights in the community. After-school care is important to support children right of survive and protect, as well as the right to development and participation. To support integrated child rights through the policy, local government's duty is growing in the Covid-19 world. Therefore, the main policy of out-of-school care is analyzed from the perspective of children's rights. Current after-care policy focuses on the right of protection privileges. Providing a safe facility is important, but there is a lack of policy design to expand children's options to learn by various activity which can be utilized with community resources as care contents. The role of government to this is requested to supplement accountability, fairness, democracy and public interest more than over quantitative expansion of services. This study presented an alternative based on the universal elementary care providing happy after-school hours.

• Korean Security Journal
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• 제49호
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• pp.39-63
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• 2016

After its decision of 'constitutional nonconformity' about a night assembly on September 24th, 2009, then the Korean Constitutional Court decided the 'limited violation of constitution' saying, 'Even a night demonstration should be allowed to be held up to the midnight' on March 27th, 20104. Since such a decision, the revision of Assembly and Demonstration Act has not been done, and the revised act is currently pending on the National Assembly on October, 2016. Amid the controversy about the 'Legislative Deficiency', some articles of the Assembly and Demonstration Act are revised and created like the imposition of the fine about a ghost assembly and the notice duty of fact to hold an assembly, the police superintendent's recommendation about the assembly place and partitioned assembly holding by time in order to protect the people's basic rights and convenience. However, this revised bill of Assembly & Demonstration Act limits the duty of assembly withdrawal report only to overlapping assemblies and a police superintendent can only recommend about the partition of assembly place and time, but has not a certain authority to forcibly enforce, so it is expected that the recommendation will be eventually ended to a formal procedure. And as this revised act has no punishment article concerning the violation of the notice duty within 1 hour before holding an assembly in this revised act, so there is a problem that the police can't force an assembly to follow the article. This study proposed some political suggestions concerning the articles to be supplemented and corrected in the Assembly & Demonstration Act after analyzing its articles around its 2016 revised Act. The Assembly & Demonstration Act has several problems to be continually corrected and supplemented further including the matter of 'Night Assembly & Demonstration' which is in the condition of 'Legislative Deficiency' since 2009.

• The Korean Society of Law and Medicine
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• 제15권2호
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• pp.31-60
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• 2014

In this paper the good Samaritan civil liability is argued. In many cases some damage could be caused by an emergency medical service. In such situations the degree of duty of care taken by the service provider would be alleviated depending upon the degree of emergency. Then the service provided by anyone not carrying any duty to do so could be generally ruled by the 'Korean Civil Act' Article 735. This article is related to the management of affairs in urgency. The application of this article means the mitigation of civil liability of the service provider. If the service provider not carrying any duty to provide it "has managed the affairs" of the service "in order to protect the" victim "against an imminent danger to the latter's life", the provider "shall not be liable for any damages caused thereby, unless he acted intentionally or with gross negligence". Korea has another rule applied in such a situation, that is the Korean 'Emergency Medical Service Act' Article 5-2. This article is established for the exemption from responsibility for well-intentioned emergency medical service. It could be referred to as the Good Samaritan law. It provides: "In cases where no intention or gross negligence is committed on the property damage and death or injury caused by giving any emergency medical service or first-aid treatment falling under any of the following subparagraphs to an emergency patient whose life is in jeopardy, the relevant actor shall not take the civil liability ${\cdots}$" In this paper the two articles is compared in the viewpoints of the requirements for and effects of the application of them respectively. The 'Korean Civil Act' Article 735 is relatively general rule against the the Korean 'Emergency Medical Service Act' Article 5-2 in the same circumstance. Therefore the former could be resorted to only if any situation could not satisfy the requisites for the application of the latter. In this paper it has suggested that the former article be more specific for the accuracy of making decision to apply it; and that the latter be revise in some requirements including the victim, the service provider, and the service.

• Neonatal Medicine
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• 제15권2호
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• pp.119-122
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• 2008

Clinical research is a necessity, not an option, for developing better and new medicines and therapeutic modalities. But in the course of clinical research, there are rules and guidelines that should be followed to ensure the due respect for persons, beneficence, and justice for persons who voluntarily participate in the research as described in the Belmont Report. Good Clinical Practice (GCP) is an "international scientific and ethical quality standard for designing, conducting, recording, and reporting" clinical trials. The main purposes of GCP would be to protect rights, safety, and well-being of trial subjects, in compliance with the principles of Declaration of Helsinki, and to assure that the data obtained from clinical trials are credible. In order to achieve these, investigators must be fully aware of the meanings as well as actual procedures involved in the research and should make the best effort to comply with GCP. For those individuals who belong to vulnerable populations, such as neonates, in addition to the general principles of GCP, further measures to ensure added protection should be implemented. It is our duty to develop and provide better care through clinical research even for neonates. But in doing so, we have to make sure that the importance of protecting the rights, safety, and well-being of the subjects supersede the interests of science and society.

• Journal of Korean Academy of Fundamentals of Nursing
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• 제14권2호
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• pp.204-212
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• 2007

Purpose: The purpose of this study was to investigate the patient's perception of the nurse's behavior in protecting patient privacy and to make suggestions for medical facilities to increase protection of patient privacy. Method: The research was a survey study The data on protection of privacy in primary nursing, for physical privacy, of patient information and in private conversations were collected in October 2005 from 187 patients in a university hospital. Frequencies, means, t-test, ANOVA, and $x^2$-test were used to analyze the data. The SPSS 13.0 for Windows program was used. Results: The mean score for patients' perception of nurse protection of their privacy was 3.33. There were significant differences in perception of protecting patients' privacy according to gender for private conversation, according to level of education for all but physical nursing and for number of admissions for total score and for primary nursing. Conclusion: The results of this study suggest the following: a) Institutional polices and nursing guideline should be clearly stated as to the nurses' duty to protect patient privacy. b) Medical facilities should be arranged in a way that allows for the protection of patients' medical information, and should focus on patient privacy. c) It is necessary of nurses to receive periodic in-service education on protecting patient privacy.

• Proceedings of the KSME Conference
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• 대한기계학회 2007년도 춘계학술대회B
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• pp.3335-3340
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• 2007

The government have been tightening EM regulation gradually but the effect is not good because of rapid increase of vehicles. And medium & heavy duty diesel vehicles, even though the number is small, exhaust very large pollutants(about over 50%). Especially it is more severe about old trucks and buses. Accordingly, CNG vehicle and the retrofit of diesel to CNG must be an alternative in order to protect the atmospheric environment and improve the air quality in the metropolitan area. The main object of this study is to secure the retrofit technology of diesel to CNG vehicle and the management system of CNG engine. we passed the government emission certification test. In addition to this, the mass production for retrofit is also studied. Results of emission and durability test for certification are as follows; there was no problem during 30,000km vehicle durability test and good emission levels satisfying the regulation.

• Korean Journal of Adult Nursing
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• 제29권1호
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• pp.76-86
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• 2017

Purpose: The purpose of the study was to provide deep understanding of the reported experiences of families with their loved one in the intensive care unit (ICU), focusing on interactions with healthcare providers. Methods: The data were collected by individual interviews of eleven participants. The transcribed data were analyzed using qualitative content analysis to identify major themes and sub-themes that represented the experiences of families. Results: Five themes and 13 sub-themes emerged. "Captive of patients' delayed death: Fear and anxiety" describes psychological problems arising when the family member became critically ill enough to warrant being admitted to the ICU. "Families as the weak: Suppression and resistance" describes interpersonal difficulties arising due to lack of information and trust with healthcare providers. "Deprivation of authority and duty as families: Helplessness" illustrate situational barriers in attempting to protect and support family member. "Re-establishment of trust relationship with healthcare providers: Gratitude and appreciation" describes how they satisfied with themselves by regaining trust relationship. Lastly, "Acceptance of reality through direct care participation: Relief and peace" illustrates peace of mind by gaining sense of reality through active direct care participation. Conclusion: This study demonstrates the positive and negative experiences of families with ICU patients. The results will be useful in developing family-centered nursing interventions.

• The Korean Journal of Air & Space Law and Policy
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• 제1권
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• Journal of architectural history
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• 제18권6호
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• pp.47-64
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• 2009

This research was to analyze the inland signal-fire which is the main facility of military protective duty for safety of land in chosun dynasty. The results of this research were described separately as follows. 1. Five types of site plan of signal-fire were observed, which is circle, oval, rectangular, indeterminate form. The majorities were oval type. 2. Plan configuration of brazier which is separated with circle, rectangular type roughly was constructed with circle type generally. The height of brazier was about 3~4.5m. The diameter of brazier was 1.5~2.5m. Building base that protect ground moisture and infilteration of rainfall was found in 5 inland singal-fire, the height of it was about 0.3m~2.5m. 3. The heigh to protective wall remained until present was about 1m, the depth was about average 1.2m. 4. Entrance was mainly stairs or open type and average width was 1.0~1.2m. However the depth was almost observed as 1m, originally, it was estimated it has more depth. 5. The storage of inland signal-fire has rectangular dimension, several types of $1.8{\times}1.2m{\sim}5.7{\times}4.4m$, square(間) of $1{\times}1{\sim}2{\times}1$. The building material was stone and located below or near the brazier.