• 제목/요약/키워드: Duty to protect

검색결과 74건 처리시간 0.024초

1930년대에 전개된 경호 활동 고찰 (The Security Service History focused on 1930s in Korea)

  • 김은정
    • 시큐리티연구
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    • 제19호
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    • pp.23-41
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    • 2009
  • 1930년대 경호 활동의 고찰을 통해 지금까지 경호사에서 다루지 않았던 사실들을 네 가지 측면으로 도출하였다. 첫째, 만주의 한인 자치기관인 국민부는 재만 한인들의 공안을 담당하기 위해서 경호국과 경호분국을 설치했다. 그 후에 경호조례까지 제정할 수 있었던 것은 당시 만주의 한인들이 가진 경호의 필요성에 대한 인식이 적용되었기 때문이다. 둘째, 경찰 업무 중에 범인 호송을 위한 '차량 경호', 원활한 행정업무를 조성하는 면사무소 경호, 산불 벌목에 대비한 '임야경호단' 등의 다양한 경호 활동들이 등장했다. 당시의 경호활동은 신변보호에만 한정된 개념이 아니고, 보호와 안전이 요구되는 분야에서 포괄적으로 이루어졌다. 셋째, 각종 행사에서의 경호는 '만보산사건'처럼 정치적인 측면 외에도, 대중들이 운집하는 장소에서 안전 및 질서유지와 의전을 담당했다. 이를 통해, 1930년대 각종 행사에서 오늘날 사설 경호 활동의 모습과 유사한 점을 찾을 수 있다. 넷째, 언론에 반영된 해외의 경호는 구체적인 업무를 표방하는 다양한 사례들에서 이색적으로 나타났다. 당시의 경호는 직접적인 신변보호의 측면만이 아니라, 물건이나 유해물질에 관한 대처까지도 포함하는 통괄적인 보호 개념임을 확인할 수 있다.

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산모와 간호원이 본 선택된 산욕기 간호활동의 중요도에 관한 탐색적 연구 (An Exploratory Study about the Importance of Selected Nursing Activities during the Puerperal Period, as Viewed by Women in the Puerperal Period and by Nurses Caring for Them)

  • 박주봉
    • 대한간호학회지
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    • 제8권1호
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    • pp.152-162
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    • 1978
  • The desire to maintain health is increasing, consequently the role of nursing which has as one chief aim the solving of man′s basic problems is more and more important. Today, in spite of a growing concern about the nursing activities which nurses provide for individual human having specific needs, clinically in fact, it is questionable that individual′s expectation of nursing activities agrees with nurse′s performance of nursing activities. In this study the importance and agreement of the importance of the nursing activities during the hospitalized puerperal period as viewed by women in the puerperal period and by nurses caring for them, were assessed. The present study was undertaken in an attempt to furnish the basic data for expediting the progress of research activities in this area and further to be helpful in planning maternity nursing practice. The study population defined and selected was nurses (13) caring for women in the puerperal period and doing duty on obstetric & gynecologic ward at Y. hospital, and the women in puerperal period (39) as sum of 3 women selected by each nurse during the period of May 13th-June 4th 1976. The study data was collected by the direct interview method based on the questionnaire which the investigator made out. The study result was analyzed by percentage, t - test. The findings can be summarized as follows: 1. General characteristics of nurses doing duty on puerperal ward: a. Nurses′average age was 24.8 years old. b. 84.6% had educational background of 4 years of college. c. 69.2% had a religion. d. 53.8% were married. e. 53.8% had clinical experience of 1 year -3 years. f, 61.5% did duty on puerperal ward during 1 year -3 years. g. 46.2% desired to do duty on obstetric ? gynecologic ward. 2. General characteristics of the women who were studied during their puerperal period: a. Women′s average age was 26.4 years old. b. 79.5% had educational background above high school. c. 56.4% had a religion. d. 84.6% had living standard above medium. e. 89.7% had no occupation. f, 53,8% had previous hospitalization experience. g. 56.4% had previous delivery experience. 3. Examining the importance of 39 nursing activities during puerperal period selected by investigator, studied group of women considered that the most important nursing activity was "Record precisely about condition, medical treatment and nursing activity results etc". Nurses considered that the most important nursing activity was "Notice whether having pain and care for that". Both groups considered that the least important nursing activity was "Talk with her about topics such as news, hobbies, other interests". 4. Examining the importance of nursing activities in 4 specific categories, studied group of women considered that the most important nursing activity in physical nursing category was "Be sure of safety measure to prevent accidents, injuries", and nurses considered that the most important nursing activity was "Make her sleep and rest sufficiently". Studied group of women considered that the most important nursing activity in psychological category was "Explain about medical treatment and nursing activity ahead of time so she knows what to expect" , and nurses considered that the most important nursing activity was "Explain about puerperal period so she understands". Studied group of women considered that the most important nursing activity in relation to medical care was "Record precisely about condition, medical treatment and nursing activity results etc.", and nurses considered that the most important nursing activity was "Observing, cleaning and protecting the perineum" Studied group of women considered that the most important nursing activity in nursing category in preparation for discharge was "Instruct about personnel hygiene during puerperal period", and nurses considered that the most important nursing activity was "Instruct self-care to protect the perineum". 5. The analysis of this study showed a significant amount of disagreement computed by subtracting the nurse′s score from the patient′s score. Studied group of women put greater importance on physical nursing category, psychological nursing category, nursing in relation to medical care, than the nurses. These results were statistically significant at 0.01 level.

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

  • 박지용
    • 의료법학
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    • 제20권1호
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    • pp.3-24
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    • 2019
  • 이 글은 현행 헌법의 규정과 헌법재판소 결정 그리고 개헌안의 건강권 신설 규정 등을 비판적으로 검토함으로써 건강권의 헌법적 의미를 특히 '인간다운 생활을 할 권리'와의 관련성 속에서 고찰하는 것을 목적으로 한다. 건강은 개인의 일반적인 행위 및 가치실현의 전제가 되는 기본적인 자유로서의 성격을 갖게 되었으며, 국가는 개인의 건강을 보호하여 가장 기본적인 '인간다움'의 조건을 보장하고 자유 실현의 기초를 마련해야 한다. 헌법 제36조 제3항에서 규정하는 보건 보호라는 국가 과제는 인간다운 생활을 할 권리에 관한 헌법 제34조의 구체적 내용으로 이해되어야 한다. 그리고 인간다운 생활을 할 권리를 '사회보장권'으로 이해할 경우, 헌법상 건강권은 '건강에 관한 사회보장권' 내지 '건강보장권'을 의미한다고 할 수 있다. 한편, 헌법재판소는 인간다운 생활을 할 권리에 대한 사법심사에서 소위 '최소한의 물질적인 생활 기준'을 채택함으로써 동 권리의 내용을 협소하게 파악하고 있다. 그러나 인간다운 생활을 할 권리는 '인간의 존엄성에 맞는 건강하고 문화적인 생활을 향유할 수 있는 권리'를 의미하고, 다만 그 보호의 수준이 어느 지점인지에 대한 판단이 일차적으로 입법재량에 맡겨져 있을 뿐이다. 그렇다면 인간다운 생활을 할 권리에 관한 사법심사는 입법재량의 통제 문제로 귀결된다.

연명치료 중단의 입법화 방안에 관한 연구 - 성년후견제도의 도입과 관련하여 - (A Study on the Method of Legislation on Withholding or Withdrawing of LST -In relation to the introduction of adult guardianship-)

  • 이은영
    • 의료법학
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    • 제10권2호
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    • pp.203-249
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    • 2009
  • It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

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고혈압 환자의 건강행태 및 관리실태와 건강생활 실천 정도 (Health behaviors, Health Care Status and Healthy Life Practice of the Hypertensives)

  • 곽화순;김정남
    • 한국보건간호학회지
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    • 제18권2호
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    • pp.243-257
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    • 2004
  • Surveys were carried out from April to December of 2003 to collect the information on hypertension patients for the detailed analysis. Totally, 1,423 patients, who have been registered to the public health center or its branch located in a small city with both urban and countryside characteristics in Kyungsangbuk-Do area, were the subjects of this investigation. The purpose of this research was to examine the health situation of the hypertension patients and to understand the official state of their management program and their own efforts to control the blood pressure, so that we could develop the better program to protect the patients more efficiently and systematically. Eventual purpose was to provide the patients at high risk with the essential informations to prevent the onset of the disease and to promote their health conditions by early diagnosis. Most patients, registered to the public health center, were relatively obedient to the prescription, however, the incidence of being checked up regularly was low. It was turned out that the patients showed a low tendency to practice to maintain the healthy life style such as the proper eating habit or the effort to control the stress. So. it is necessary to develop the strategy and the management program to enhance the self-nursing activities to control the patients' blood pressure at the proper level. In addition, multidisciplinary approaches should to be done for efficient and effective care for hypertension patients. Finally, systematic management of hypertension patients is required to classify the duty and role for caring patients among those health care system.

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한국해군의 새로운 도전과 기동전단의 발전 방향 (The New Challenges for the Republic of Korea Navy and the Development of Maritime Task Flotilla's Force Development)

  • 김덕기
    • Strategy21
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    • 통권39호
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    • pp.163-197
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    • 2016
  • The completion of Jeju Naval Base on February 2016 made the Republic of Korea Navy(ROKN) review the size and role of the Maritime Task Flotilla(MTF). The new strategic environment for the 12st century and the new challenges require the Navy to counter North Korea's provocations and prevent potential enemy's threat. The Navy is also required to take part in the variety of international roles and missions commensurated with Korea's global status to maximize the national interest. Despite these changes, Korea's military construction concept is still unable to break away from the old paradigm of the North Korean threat largely centered. In order to develop the current MTF into the Task Group with the construction of Jeju Naval Base, the Navy must newly not only establish new force development plan and fleet management concepts but also go to persuade and convince policy decision makers. To this end, the following efforts should be promoted. First, the ROK Navy steps up efforts in order to share with the Task Group's vision and strategy. The Navy should also provide the size and structure as well as the missions and roles of the Task Group to react to new maritime security environment. Second, the Navy analyse the MTF's ability and what is required and necessary to perform its duty. After that, it must set out the direction of the Task Group's force development. Third, the current missions and roles of the MTF should be re-established to respond various threats. Finally, accommodating of new technology to the MTF should intensify its strengths. The ROK Navy has a mixed force structure consisting of three fixed- base fleets and a MTF. The fixed base fleet has a passive force to defend and protect its own sea areas, but the MTF should actively not only counter North Korea's threats, including ballistic missiles, but also fight potential threats and takes international missions as a primary task force. However, the MTF has a limited capability to accomplish given missions and long-range operations, and thus, the ROK Navy is strongly required to construct the Task Group.

온라인게임 아이템의 재물성에 대한 재검토 (Reinterpretation on Propertiness of Online Game Item)

  • 유인창
    • 한국컴퓨터정보학회논문지
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    • 제18권4호
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    • pp.153-160
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    • 2013
  • 온라인게임은 게임의 흥미를 더하기 위하여 게임도구인 아이템을 사용한다. 게임이용자들은 더 높고 더 강한 레벨의 아이템을 원하게 되면서 자연스럽게 수요와 공급의 거래가 이루어진다. 문제는 이러한 아이템의 거래과정에서 빈번하게 불법행위가 발생한다는 것이다. 그 중 해킹 등 어떠한 방법이든지 권원없이 타인의 아이디와 비밀번호를 알아내어 아이템을 훔쳐가거나, 위탁관리하고 있는 아이템을 되돌려주지 않거나, 절취한 아이템을 그 정을 알고 있는 타인에게 주거나, 타인의 아이템을 손괴하는 등의 행위에 대해서는 형법상 재산에 관한 죄를 적용하기가 곤란하다. 현행 법리상 아이템을 재산죄의 객체인 재물로 인정할 수 없기 때문이다. 가상공간의 아이템은 형법상 보호할 가치와 필요성이 있는 새롭게 등장한 재화이다. 형법은 현실적 범죄행위와 법규범과의 유리를 방지하기 위하여 시대적 현실문화와 가치를 반영하여야 한다. 가상공간은 가상공간 고유한 특성을 고려하여 재물성의 성립여부를 판단하는 것이 현실적이며 합리적이므로 확장해석에 의한다면 아이템을 형법상 유체물의 범위에 포섭할 수 있을 것으로 판단된다. 디지털 시대의 시대적 요청에 의한 제346조의 재물성의 재검토가 필요한 시점이다.

가맹계약분쟁과 중재에 관한 법적 문제 (Legal Issues on the Franchise Disputes and their Settlement by Arbitration)

  • 최영홍
    • 한국중재학회지:중재연구
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    • 제17권1호
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    • pp.57-75
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    • 2007
  • Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

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Internet comment manipulation and criminal responsibility

  • Lee, Ju-Il
    • 한국컴퓨터정보학회논문지
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    • 제23권6호
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    • pp.75-79
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    • 2018
  • The purpose of this paper is to introspect again the role of the criminal law at a time when it is said that numerous criminal and legal discussions are needed to develop the so called "reply manipulation " case that is shaking the nation's political history. The research method considered the literature and precedents discussed in the past, and discussed the issue of subculture abuse caused by the internet, which is a product of convenience and affluence that came with the Forth industrial revolution through criminal law. Through a computer program, a discussion was held on what penalties would be imposed on the criminal law for attempting to manipulate public opinion by manipulating the so-called number of comments or Reaction. Question of whether the criminal law should further emphasize the need for a discussion on the need for a method to strengthen the preventive functions of the criminal law and expand the scope of punishment in order to address new causes of risk that came with the development of science. Without reflecting on whether such as "government-inspired demonstration "would be possible in today's world that was in the public perception of the authoritarian government of the past, it is a problem to see that the political goals of a particular group can be achieved by manipulating comments or creating public opinion on the Internet. The duty of criminal law is to protect the interests of the law. The role of the criminal law should be maintained the self limiting as far as possible in cases of violation or danger of the law. Still, it is a problem that the role of the criminal justice system today is too aggressive and is seen as a top tool rather than a last resort for solving problems. he role of the internet will be expanded further in the Hyper Connected society. To solve these problems, we should look forward to a change in the priority of other laws and policies other than criminal law.

중대재해처벌법의 주요쟁점 해소 방안 (Analysis of Major Issues in the Serious Accidents Punishment Act (SAPA))

  • 조춘환
    • 한국건설안전학회 논문집
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    • 제5권1호
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    • pp.17-24
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    • 2023
  • 본 연구 목적은 산업재해로 인한 사망자와 부상자가 너무 많다는 비판이 오랫동안 지속되어 온 부분과 근로자의 죽음은 한사람의 죽음뿐만 아니라 그와 연결된 많은 사람들과 사회 전체에 악영향을 미친다는 문제임은 분명히 인식하고 엄중한 '중대재해처벌법'의 필요성은 공감을 하고 있다. 그러나 현행 중대재해처벌법은 노사 양측에서 애매하다는 논란의 여지가 있어 환영받지 못하고 있는 점과 안전보건 확보 의무를 위반한 경영책임자는 처벌과 입법 내용이 추상적이며 처벌 수위가 지나치다는점을 제언한다. 그리고 경영책임자의 해석과 중대산업재해의 애매한 부분으로 대부분의 기업들이 법률해석과 자문을 받고자 대형 로펌을 기용하므로 로펌만 배불리는 양상을 만들고, 기업은 CEO를 보호하기 위해 투입하는 비용은 정작 안전사고 예방비용으로 들어가야 하므로 모호성을 갖고 있는 지금의 시행령은 개정되어야 할 필요성이 있다는 것을 제언한다.