• Title/Summary/Keyword: Freedom of Occupation

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The Unconstitutionality of Banning Operation of Multiple Medical Institutions by Health Care Providers - Focusing on Article 87 Section 1 Clause 2 and Article 33 Section 8 - (의료인의 의료기관 다중운영 금지 조항의 위헌성 - 의료법 제87조 제1항 제2호, 제33조 제8항을 중심으로 -)

  • Kim, Sun Wook;Jeong, Hye Seung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.295-326
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    • 2015
  • Under the revision of medical law on February 1, 2012, health care providers are banned from opening 2 or more medical institutions and being involved in managing the institutions. However, purpose of the legislation of the revised law is unclear and even confirmation of such purpose of the legislation based on the calculation of multiple legislative backgrounds cannot be appropriate means of achieving such purposes. This article confirms and reviews the development of revision of medical law and history of the principle of 'one person-one medical institution', and legislative purpose of the revised medical law as well as examines unconstitutionality of such revision based on limited fundamental rights by the revision, principle of clarity, and principle of the prohibition of excessive restriction.

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Review on the Enhancement of Accessability to Rehabilitation Therapy -Especially on the Solo Practice of the Physical Therapists (재활치료에 관한 접근성 제고 방안에 관한 단상 -물리치료사의 단독 개업 중심으로)

  • HAN, Seungsoo
    • Journal of Korean Physical Therapy Science
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    • v.22 no.1
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    • pp.19-27
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    • 2015
  • Purpose : The purpose of this study is to check the current status of accessability to rehabilitation therapy in local areas and to review how to improve the accessability. In fact, first, it is very hard for patients to find out a local medical center with rehabilitation therapy capability. Moreover they needs to wait long time to get a treatment they need, because of lack of nearby rehabilitation centers. The best way to enhance the accessability to the rehabilitation therapy service is to allow therapists to set up rehabilitation centers in local areas on their own, physically independent from medical doctors. Basically, the current law does not prohibit therapists' own sole practice. However, it needs to be amended by inserting an explicit legal basis on the setting-up process. If it is legally permissible for the therapists to set up rehabilitation centers to perform a rehabilitation treatment with referrals from of medical doctors (though physically independent from the doctors), it would result in the increase of profits for the doctors and at the same time raise therapists' freedom of occupation, a constitutional right. Furthermore, with their own places to practice, therapists will have to compete with other therapists, that would raise the quality of their treatments, which will in turn benefit patients ultimately. A proposed bill of amendments to the Act on Medical Technicians and etc. is pending for review at the National Assembly. I look forward to vigorous discussion on the bill based on this article, and resulting in revision of the law for the benefits of patients.

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A Legal Study on The Act Bill for Establishing The Game User Committee

  • Kyen, Seung-Yup
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.3
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    • pp.165-171
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    • 2022
  • In this paper, we suggest the Measures to improve the Act Bill for establishing the Game User Committee. The Act Bill has a lot of problems which are violations of criminal legalism due to unclear terms in administrative punishment and violations of The Human Right enjoying freedom of occupation and guaranting property due to not defining provisisons about The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions. also the duplicate regulations in the Act Bill disrupt game industry development. we have three results that were derived through analysis of Prior studies and precedents. The First is to define details of special reasons in enforcement ordinance and enforcement regulations. The Second is to define The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions in the act bill. The Third is to address managing the random reward items in the Game Rating and Administration Committee or is to give game user advance notice about the Comntent Dispute Mediation system.

The Question of 'State and Art' with regard to Soviet Socialist Realism (소련 사회주의 리얼리즘에 관하여: '국민과 예술'의 문제)

  • Alexander, Morozov
    • The Journal of Art Theory & Practice
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    • no.7
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    • pp.125-163
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    • 2009
  • The artworks of Socialist Realism of the former Soviet Union, with the beginning of the 21st century, are gaining a new attention from art collectors. One reason for this might consist in the fact that relevant art pieces exemplify the ways in which they visualize ideas on the basis of their high-profile art tradition and also in which they integrate their utopian ideals with mysticism. These aspects of the Soviet art goes far beyond the wide-spread assumption that their art, as a means of propaganda, principally represents a political allegiance to the system. With Stalin coming into power in the 1930s, the artistic trend of Socialist Realism obtained a nationwide sympathy and support from people, giving birth to a new art which essentially corresponded to the demands of the political power. An official art current of the USSR over the period from the 1930s to 1950s, Socialist Realism was in tandem with the Communist commitment to the party and popularity, symbolizing a loyalty to the cause. It was thus characterized by plainness and lucidity so that ordinary people could gain easy access to art. Its salient feature, over an entire range of art, was an optimistic pursuit of a utopian dream. Therefore, it tallied with the popular sentiment for a Communist paradise, giving form to their beliefs in human agency working at the materialist world and also to such abstract concepts as force, fitness, and beauty by adding even mythical ideals. Its main subject matter includes harvest feasts of collective farms, imaginary socialist cities, grand marches of heroic laborers and in this way it served as a propaganda for a sacred utopia of socialist totalitarianism. On the other end of the spectrum, however, rose the second camp of art, which put an emphasis on bona-fide artistic activities of plastic art and on an artist's personal expression and freedom, as opposed to the surface optimism of Socialist Realism. Central to the Russian Avant Garde art, which prized the above-mentioned values, were Malevich's Geometric Abstraction and A. Rodchenko's Constructivism. Furthermore, in the transitional era of the late 20th century and the 21st century it was recognized that film art or electronic media art, rather than traditional genre of paintings, would function as a more efficient way of propaganda. These new genres were made possible by ridiculing the stereotypes of the Russian lifestyle and also by ignoring ethical or professional dimensions of artworks. That is, they reinvented themselves into a sort of field art, seemingly degrading the quality of artworks and transforming them into artifacts or simulacres in the very sense of post-modernism. The advent of the new era brought about the formation and occupation of pop culture of the younger generations, calling into question the idea of art as the class-determined. It also increased the attention to field art, which extensively found way to modern art centers, galleries, and exhibition projects. It can be stated that this was a natural outcome of human nature.

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The Living Theatre: A History Study of Its Birth and Death (리빙 씨어터: 탄생과 소멸에 관한 사적(史的) 연구)

  • Kim, Jung-hyo
    • Journal of Korean Theatre Studies Association
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    • no.40
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    • pp.207-237
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    • 2010
  • Concentrating on the birth, life, and death of the Living Theatre, almost half a century avant-garde group, the primary purpose of this study at large is to explore its counter-cultural philosophy. While taking a chronological form adapting the biological order, the paper focuses on the troupe's productions: , , , , and . Through out these productions the philosophy of the Living Theatre seemed to included communal, anti-intellectual, politically radical, generally Utopian, and proselytizers for sexual freedom. The history of the Living Theatre interestingly parallels the history of the Beck's theatre in occupation and shut down. The first New York theatre was closed by fire inspectors for instance. The second theatre was declared unsafe, and locked up by the Building Department. The third theatre was seized by the IRS, consequently shut down. In 1984, after more than 25years from the third building, the Living Theatre settled once again on East Third Street in Manhattan. The theatre was however evacuated by the New York City Fire Department in 1993 and once more took to the road. With these struggles, the Becks' profound aspiration of the counter-cultural insurgency came to harden as strong as 'iron' in some ways. With the outstanding components of counter-cultural philosophy and style, the Living Theatre, in the course of the transformation, absorbed and then reflected virtually every phase for the Living Theatre were vehicles for more than just aesthetics. The group seemed to propagandize its beliefs rather performing productions. Accordingly, both on and off-stage action of the Living Theatre caused great controversy either through political activism of individual members or through the unconventional collective life style. No avant-garde theatre company was more emblematic of the rebellious spirit of the sixties than the Living Theatre. Like the first great transformation, the Becks' encounter, their personal values and the form of theatre they created had blended 'so inextricably that the vitality of each was dependent on the other.' The Becks always urged unity and harmony at all levels of human life, but not at any price. The anticapitalist ideal inspired the Becks to promote a politically motivated campaign throughout their productions. They believed the revolution is desirable but in the state of non-violence and the expansion of human consciousness. Julian Beck's gravestone identifies his as pet, painter, actor, and anarchist. The Living Theatre was a 'small umbrella' under which the Becks and its members could breath and unfold their dream on stage or in the street.

A Study on Act on Certified Detective and Certified Detective Business (공인탐정 관련 법률(안)의 문제점과 개선방안에 관한 연구)

  • Kim, Bong-Soo;Choo, Bong-Jo
    • Korean Security Journal
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    • no.61
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    • pp.285-305
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    • 2019
  • In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

A study on the factors to affect the career success among workers with disabilities (지체장애근로자의 직업성공 요인에 관한 연구)

  • Lee, Dal-Yob
    • 한국사회복지학회:학술대회논문집
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    • 2003.10a
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    • pp.185-216
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    • 2003
  • This study was aimed at investigating important factors influencing career success among regular workers. The current researcher scrutinized the degree to which variables and factors affect the career success and occupational turnover rates of the research participants. At the same tune, two hypothetical path models established by the researcher were examined using linear multiple regression methods and the LISREL. After examining the differences among the factors of career success, a comparison was made between the disabled worker group and the non-disabled worker group. A questionnaire using the 5-point Likert scale was distributed to a group of 374 workers with disabilities and 463 workers without disabilities. For the data analysis purpose, the structural equation model, factor analysis, correlation analysis, and multiple regression analysis were carried out. The results of this study ran be summarized as follows. First, the results of factor analysis showed important categories of conceptual themes of career success. The initial conceptual factor model did not accord with the empirical one. A three-factorial model revealed categories of personal, family, and organizational factor respectively. The personal factor was composed of the self-esteem and self-efficiency. The family factor was consisted of the multi-roles stress and the number of children. Finally, the organizational factor was composed of the capacity for utilizing resources, networking, and the frequency of mentoring. In addition, the total 10 sub areas of career success were divided by two important aspects; the subjective career success and the objective career success. Second, both research participant groups seemed to be influenced by their occupational types. However, all predictive variables excluding the wage rate and the average length of work years had significant impact on job success for the disabled work group, while all the variables excluding the frequency of advice and length of working years had significant impact on job success for the non-disabled worker group. Third, the turnover rate was significantly influenced by the age and the experience of turnover of the research participants. However, the number of co-workers was the strongest predictive variable for the worker group with disabilities, but the occupation choice variable for the worker group without disabilities. For the disabled worker group, the turnover rate was differently influenced by the type of occupation, the length of working years, while multi-role stress and the average working years at the time of turnover for the worker group without disabilities. Fifth, as a result of verifying the hypothetical path model, it showed that the first model was somewhat proper and could predict the career success on both research participant groups. In the second model, the Chi-square, the degree of freedom (($x^2=64.950$, df=61, P=0.341), and the adjusted Goodness of Fit Index (AGFI) were .964, and the Comparative Fit Index (CFI) were .997, and the Root Mean Squared Residual (RMR) was respectively. .038. The model was best fitted and could predict the career success more highly because the goodness of fit index in the whole models was within the allowed range. In conclusion, the following research implications can be suggested. First, the occupational type of research participants was one of the most important variables to predict the career success for both research participant groups. It means that people with disabilities require human development services including education. They need to improve themselves in this knowledge-based society. Furthermore, for maintaining the career success, people with disabilities should be approached by considering the subjective career success aspects including wages and the promotion opportunities than the objective career success aspects.

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The Professional Identity and Work of Culture and Education Program PD's of KBS-TV in the 1970's: Formation of Broadcasting Speciality, New Technologies, and 'Production Spirits' (1970년대 KBS 텔레비전 교양 피디의 직무와 직업 정체성: 방송 전문성 형성과 신기술, 그리고 '제작 정신')

  • Baek, Misook
    • Korean journal of communication and information
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    • v.60
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    • pp.125-149
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    • 2012
  • This study explores the formational process of KBS PD's professional identity in the 1970's, focusing on everyday work and workplace for program production. In terms of salary and social-cultural status, a television PD was not a desirable occupation in the 70's. Since the beginning of radio broadcasting, production of culture and education programs had been sub-categorized under Programming Division. Also, it has been claimed in several researches that in the 70's, the production of education and cultural programs had visibly grown owing to the political necessity of policy PR and campaigns, and the introduction of new broadcasting equipment and technologies for producing the mentioned political campaign programs. However, this study argues that the main force that led to such developments was the cultural practices and the production spirits of the KBS PD's. These PD's trained themselves in production workplace from the bottom by assisting film directors and learning from cameramen about the film making and post-production process. Moreover, in the transitional phase from film to magnetic tape recorder, they established themselves as main subjectivities of production by developing Division of Culture and Education as a specialized and independent sector. The "program production spirit and DNA" that evolved from the experiences of working in poor production environment served as a force for developing professional and self identity. However, the culture and education PD's of the 70's were still tied down to the limited roles of simply providing technological and productional 'professionalism' within the hegemonic structure of the strong state. As with the members of any other social domain at the time, PD's had restricted roles to play and putting in effort and competing to create better programs was the only 'freedom' that was allowed. This study argues that under such condition, KBS PD's implemented two strategies to construct their own professional identities: one was to distinguish themselves from official broadcasters, and the other was to distinguish themselves from commercial broadcasters. Unfortunately, ethical practice as a professional became nothing more than an issue of personal morality and broadcasting's public responsibility was lost under the shadows of commercial broadcasting.

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