• Title/Summary/Keyword: Freedom of occupation

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A Limit of the Prohibition of Ar ticle Type Medical Advertisement (금지되는 기사성 의료광고의 한계)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.13 no.2
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    • pp.141-178
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    • 2012
  • Korea's medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists' opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.

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Medical Practice and the Fundamental Rights: Approaching by Constitutional Interpretation (의료행위와 기본권: 헌법 해석적 접근)

  • Chang, Cheoljoon
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.11-34
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    • 2014
  • Promulgation of the medical practice rule without specific definition in Medical Law has brought about many constitutional issues. The major issue is that the law has the government punish unlicensed medical practice without defining what it is. Instead, the law chooses a license-centered structure of criminal punishment for medical malpractice, saying "no one can practice medicine without the government-approved license." This regulation violates the rule of "void for vagueness" based on the principle of "nulla poena nullum crimen sine lege." Judicial interpretation should be required for a citizen to understand the Medical Law provision intuitively. In addition, the law infringes upon the freedom of occupation of the unlicensed and the licensed who wish to extend his or her practice area for "holistic medicine." The central issue of the law is that it was established under no ground of professionalism even though medical practice has been understood professional. The government has centrally controlled the medical field for its needs. Lastly, the current law violates the right of medical selection of the consumers of medicine. Because patients have the right of health and life, they have to hold the latitude of selection for medical treatments. Especially, they should have an opportunity for considering the Complementary and Alternative Medicine if they want. But under the current rules, this medicine is not permitted. To correct those problems, a new provision for the definition of medical practice should be adopted at once.

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Vocational Adjustment in Elderly Men Who Chose a Creative Occupation after Retirement (퇴직 후 창의적 직업을 선택한 남성 노인의 직업적응 경험)

  • Lee, Hak Seung;Jun, Hey Jung
    • 한국노년학
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    • v.39 no.2
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    • pp.261-284
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    • 2019
  • This study examines the vocational adjustment experiences of elderly men who chose a creative occupation after retirement. The aims are to understand the related meanings and to provide specific empirical data on the elderly who hope to start a creative occupation. Five men aged 65 years or older who chose a creative occupation after retirement were enrolled in the study. Data were collected through in-depth interviews with the participants. The collected data were qualitatively analyzed, and a total of 7 categories, 25 subcategories, and 132 concepts were identified. The seven categories were "challenge led by a sense of freedom," "reflection of the need for 'fun,'" "difficulties and limitations felt by a non-expert," "concerns and effort to afford the increasing expenses," "joy for accomplishment," "ways to utilize my creativity," and "reward from increased social participation." The participants felt that adjusting to a creative occupation was a process by which their potential creativity was expressed. They felt the joy of working that they had not felt before, and the series of processes by which they overcame difficulties during work and increased their social participation were in line with the goals of creative aging. In order to help older adults in Korea to choose and adjust to creative occupations in their older adulthood, there is a need for creative-occupation-related education prior to retirement and for various policies and practical efforts that consider the change of social environment. Furthermore, our findings suggest that choosing a creative occupation after retirement is an effective measure for promoting successful aging among the elderly in Korea.

A Study on the Regulation of Dental Medical Advertisements -Focusing on the Decisions of the Supreme Court and the Constitutional Court- (치과 의료광고 규제에 관한 소고 - 대법원 판결과 헌법재판소 결정을 중심으로 -)

  • Chang, Yeonhwa;Baek, Kyonghee
    • The Journal of the Korean dental association
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    • v.55 no.1
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    • pp.53-62
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    • 2017
  • As the citizens' life and body are the object of medical practice, it should ultimately protect the citizens' right of health. For this reason, medical practice possesses characteristics of non-profit and public and such special characteristics caused heavy regulations in the medical industry as exemplified by medical advertisements. For advancement of market economy, the government has been moving toward relaxing regulations in the medical industry and this trend can be shown in medical advertisements. Moreover, as a type of commercial advertisements, medical practitioners should be able to express their freedom of expression and freedom to occupation. From the perspective of patients who are medical consumers, they need access to information to locate appropriate medical practitioners and institutions for their symptoms. Therefore, medical advertisements can help realize the patients' right to know. This study will first analyze the general theories behind the necessity of medical advertisements and details of regulations, then analyze the issues from the cases of the supreme court and the constitutional court that are related to dental medical advertisements.

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Influence of Family and Work Experience on Occupational Aspirations of Adolescents: A Path Model (가족배경변인과 시간제취업경험이 청소년의 직업소망에 미치는 영향: 경로분석을 중심으로)

  • Ok, Kyung Hee
    • Korean Journal of Child Studies
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    • v.14 no.2
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    • pp.149-168
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    • 1993
  • The purpose of this study was to develop a theoretical model from which to test the influence of family background and work experience on the level of rural high school students' (N=381) occupational aspirations. In the basic model, mother's occupation directly influenced occupational aspirations. Father's education influenced occupational aspirations directly and also indirectly through students' academic achievement. The number of working hours per week had a direct and negative influence on academic achievement. In a different path, working hours had an indirect positive influence on academic achievement through parents' different treatment which especially focused on the fact that parents gave students more freedom compared to the relationship they shared before the students began to work. Enjoying school, studying homework, and extra reading were influenced by students' number of working hours. Two variables, extra reading and job characteristics, predict the social acceptance work attitudes which are a direct predictor of occupational aspirations. Academic achievement had a greater total effect on the level of occupational aspirations than any other variables.

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The Effects of Preferred Job Type of University Students on the Confirmation Bias and Job Anxiety (대학생의 선호직업유형이 확증편향과 취업불안에 미치는 영향)

  • Roh, Seon-Hee;Kim, Ki-Seung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.20 no.8
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    • pp.190-199
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    • 2019
  • This quantitative study analyzed the influence of college students' preferred type of occupation on a confirmation bias and job anxiety during the process of making a career decision. The questionnaires were distributed to university students in Seoul and the metropolitan area for 500 weeks from July 10 2017 to August 8, 2017. Among them, 482 valid samples of data were analyzed by data coding and data cleaning usin SPSS 18.0 statistics and the AMOS 18.0 program. The main results of this study are that the type of business preference for an affirmative bias has a positive (+) direct influence (${\beta}=.374$) and the type of freedom has a positive direct influence (${\beta}=.326$) and a negative direct influence (${\beta}=-.274$). In the case of job anxiety, the influence of job type is more increased. The confirmation bias shows that the business type and freestyle type find cause in effort or achievement motive, while rect type is recognized as social environment and structural problem. In conclusion, there is a difference in the degree of confirmation bias and job insecurity. This study shows that college students' preferred occupation types can help them to understand the bias and anxiety that they have in preparing for the job and help to reduce job anxiety, and these findings are expected to be useful for career guidance.

A Constitutional Review on Compensation for Medical Malpractice during Delivery (의료분쟁조정법상 의료사고보상사업의 헌법적 쟁점)

  • Cheon, Kwang-Seok
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.295-329
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    • 2012
  • A medical malpractice case requires special legal protection, considering its characteristics, such as seriousness and long term effects of its damages, medical information asymmetry between practitioners and patients, and difficulties in realization of liability. Taking the points above into consideration, Medical Malpractice Arbitration Act of 2012(MAA) has legislative intent to protect the rights of the injured from medical malpractice, while protecting the stability of medical practice by providing arbitration as an alternative dispute resolution. However, constitutional review is required for one new scheme of compensation for medical injuries during delivery, which is implemented in MAA of 2012, especially with regard to freedom to exercise occupation, property, equality under the Constitution. Two important aspects are 1. according to the law, absolute liability applies to compensation for damages during delivery without negligence of practitioners; and 2. the practitioner bears some portion of the cost, 30% in the law above. This article aims to analyze this new institution in various aspects of the Constitution, and, as a result, it does not comply with constitutional criteria.

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A study on method of acquisition of modernity in comic narrative;in 『Byeolgeongon』 (웃음서사의 근대성 획득방식 연구;『별건곤』을 중심으로)

  • Lim, Seon-Ae
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.7 no.3
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    • pp.151-161
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    • 2017
  • In the period of Japanese occupation comic narratives were popular to such an extent as to be published not only newspapers and magazines but also books as 『Yojigyeong』(1910), 『Jeodobaekhwa』(1912), 『Gaegeonhuihui』(1912), 『Angcheondaeso』(1913), 『Kkalkkaluseum』(1916), 『Socheonsoji』(1918), 『Gogeumgidamjip』(1923), 『Mangogidam』(1924), 『Joseonpaldo iksal & jaedam』(1927), 『Segyesohwajip』(1934). This study is to discuss about how those narratives gain modernity with the titles scattered in 『Byeolgeongon』 as the central figure, and to reveal the nature of the comic narratives in 『Byeolgeongon』 by looking into contents. The comic narratives in the magazine are 149, especially from the titles show the editors' agony at that time. The narratives gain modernity by combining the new trend cultural terms which can't be found in our traditional culture as 'sinbu huboja jeonramhwoe.', 'sinrang huboja jeonramhoe.', 'nonsense teuksseolgwan', 'how modern shipbuilding 10 inventions sinjejo', 'sohwabangsongsil', 'sohwabangsongguk', 'freedom march', 'sinchunpoksodaehwoe' and 'humor orchestra'. The narratives give laughter to the readers by carrying the characters such as wit, enlightenment, critics of social conditions, grotesque. The narratives in the magazine 『Byeolgeongon』 represent much to survive with comic story in a time of gloom in the period of Japanese occupation.

An Analysis on Predictors of Move Intention to Silver Town in Jeju Island (실버타운 입주의도 예측요인에 대한 분석)

  • Hong, Yeon-Sook
    • Korean Journal of Social Welfare
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    • v.58 no.3
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    • pp.313-340
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    • 2006
  • The purpose of this study was to examine predictors of move intention to silver town in Jeju Island. Participants were 449 middle age and elderly who live in Seoul, Gyungido, Inchun Metropolitan and Jeju island. Participants were completed a questionnaire and/or structured interview that included measures of socioeconomic variables, motivation to move, determinants of move selection, conditions of location, and preparation for old age. Results of descriptive analysis revealed that cognition level of sliver industry and silver town was relatively high and medical service was the best necessary field, followed by field of leisure activity, house, life and finance. Logistic regression analyses on the effects of socioeconomic variables on move intention indicated that region, occupation and house ownership had significant effects on move intention to silver town. Result of motivational effect on move intention revealed that solution of offspring's burden was the most important factor, followed by convenient life of the aged, enjoyment of freedom for the elderly life. Result on the influence of determinants of move selection indicated that medical service facilities, resort facilities and leisure, cultural service facilities had significant effect on move intention. Among conditions of location for Jeju island, mild climate, comfort environment and low-price were significant predictors on move intention. Overall, result on relative influence of individual factors indicated that low price factor was the most important predictor, followed by resort facilities, cognition on necessity of silver town, enjoyment of freedom for the elderly life, leisure cultural service facilities, and medical service facilities.

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New Understanding of March 1st Independence Movement in View of World Peace : Focused on the March 1st Independence Movement, Women's, peace (세계평화의 관점에서 본 3·1운동의 재인식: 3·1운동과 여성, 평화를 중심으로)

  • Sim, Ok-Joo
    • Korea and Global Affairs
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    • v.2 no.1
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    • pp.45-68
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    • 2018
  • This study is focused on viewing the March 1st Movement, a national movement uprisen nationwide during the Japanese occupation period, and women's independence movement from an angle of worldpeace. The March 1st Movement was held nationwide when our national sovereignty was lost, and it can be defined as a form of peace movement in view of world history. Particularly, the March 1st Movement was the people's independence movement without distinction of class, region and sex. The direction of national independence and freedom implied in the independence movement during that time period needs to be interpreted newly in view of world peace. Firstly, the urgent task to complete during that period was to accomplish independence in view of the times and the national people, and it was a form of peace movement. Secondly, the women who participated in the March 1st Movement changed into spontaneous participants or activists for the national independence movement and, thereafter, continued a history of women's independence movement of Korea. Lastly, the March 1st Movement became widespread domestically and to foreign countries such as China, Japan, Russia, Europe and America, so that its spirit of freedom and peace appealed to the weak countries in Asia. Furthermore, it worked as a spiritual support for the independence movement of Korea. As mentioned above, the March 1st Movement needs to be newly understood in view of world peace, and, out of that movement, Korean women's independence movement deserves a highlight as a peace movement stream in the world history of women.