• 제목/요약/키워드: German legislation

검색결과 18건 처리시간 0.022초

독일 자연치료사(Heilpraktiker) 제도 현황과 형성과정 (German Heilpraktiker system, its history and current status)

  • 박인효;김동수
    • 대한예방한의학회지
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    • 제22권3호
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    • pp.45-60
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    • 2018
  • Background : There have been a variety of healthcare systems related to CAM practitioners developed in each country. However, the European cases have not been widely introduced in Korea so far. In the case of Germany, CAM practices have been developed in the frame of "Heilpraktiker" system. Objectives : The objectives of this study were to review the historical development and current situation of German Heilpraktiker system and its conflicting relationship with Western medical doctors, in order to utilize it as basic data for the conflict resolution between Western- and KM doctors in Korea. Methods : The historical development, current regulations and education system of Heilpraktiker were assessed. Research articles, reports, government publications and websites dealing with this issue were searched for and analyzed. Results : Heilpraktiker system was developed within German historical and cultural situation where naturopathic traditions were reilluminated in connection with modernization process of the state under the influence of romanticism formulating German nationalism. Between the concept of "Kurierverbot"(prohibition on medical treatment by non-physicians) and "Kurierfreiheit"(freedom of medical treatment), Heilpraktiker achieved a limited but legitimated right to conduct non-biomedical treatments from the state in the process of the formulation of modern German medical system. In this process, the conflicts between medical doctors and heilpraktikers have been also growing up to now. Conclusions : Heilpraktiker system, officially recognized with the legislation of Heilpraktiker law in 1939, stands at a crossroads between the continual development through strengthening its professionality, and abolition of the system due to its lack of quality control and medical evidence mostly argued by Western medical doctors, which has considerable implications for Korean situations in terms of the conflicting relationship between KM- and Western medical doctors. In this regard, it is necessary to discuss the debates on the concept "Kurierfreiheit"(freedom of medical treatment) developed within German tradition of medical pluralism.

독일법상의 경계확정소송 (Litigation for Determination of Boundary under German Law)

  • 이춘원
    • 지적과 국토정보
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    • 제44권1호
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    • pp.17-35
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    • 2014
  • '토지의 경계에 관한 소송'에 관하여 우리나라 법에는 규정이 없다. 따라서 그 성질, 소송요건, 판단기준 등에 있어서 학설상 논란이 되고 있으며, 향후 이에 관한 법률규정 마련이 필요하다. 이를 위해서는 이에 관한 규정이 완비된 다른 나라의 법률을 비교법적으로 고찰할 필요성이 있다. 본 고에서는 그 첫 번째 작업으로서 로마법 및 중세법 등의 경계확정소송의 연혁을 살펴보고, 나아가 경계확정소송에 대한 법률규정이 비교적 완비된 독일법을 소개한다. 독일법에서는 통상의 소유권 소송과는 별도로, 경계의 입증곤란 혹은 불능을 전제로 하여, 인접 토지의 소유권 분쟁이라고 하는 특수한 장소를 고려한 소송절차로서 경계소송을 규정하고 있다. 이 소송은 1차적으로 진정한 경계를 밝히는 것을 목적으로 하고, 이것이 불가능한 경우에 독일민법(BGB) 제920조의 법정 기준에 따라서 경계를 재량으로 창설한다. 이는 '본래 있는 경계의 발견'만이 아니고, 판결에 의하여 토지소유권의 범위의 창설이 인정되는 것이다. 양자는 법원의 판단작용에서 서로 다른 것이지만, 이 양자를 하나로 포섭한 것이 독일의 경계확정소송이다. 우리 법제에서도 이러한 생각을 참고로 하여 서로 다른 2가지 판단작용을 하나의 소송유형 속에 포함시키는 이론 구성이 필요하다.

독일 환경영향평가에서의 자연환경의 평가절차 (Use of Methods and Evaluation Systems of the Impact Mitigation Principle in German EIA)

  • Peters, Wolfgang
    • 환경영향평가
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    • 제2권2호
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    • pp.49-53
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    • 1993
  • Before the EIA was established in the Federal Republic of Germany, the impact mitigation principle - a planning instrument, which has its legal foundation in the German nature conservation legislation already had {and still has} the function to valuate environmental impacts. The valuation principles and methods which have been developed in correlation to this instrument are now also used in the EIA. Particularly for the valuation of alternating effects on the different ecological landscape functions and for the valuation of ecological mitigation and compensation measures this valuation methods are used. These methods base on a special kind of modelling nature and environment Following the aim of the nature conservation act, which is to save the capacity of the landscape to perform its essential functions, not the ecological factors (soil, water, air etc.) itselfs are evaluated but the ecological functions of the landscape, which are based on the ecological factors.

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독일 위성자료보안법의 내용 및 시사점 (The Contents of SatDSiG and Its Implications for Korea)

  • 정영진
    • 항공우주시스템공학회지
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    • 제13권2호
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    • pp.60-65
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    • 2019
  • 2007년 6월 발사된 TerraSAR-X와 2010년 6월 발사된 TanDEM-X는 주야간 및 기상 상태를 불문하고 지구관측이 가능한 고해상도(1m)의 독일 인공위성으로 독일 위성자료의 세계 사용시장 진출을 목적으로 민관 파트너십(독일항공우주센터(DLR)-Airbus)을 통해 개발 되었다. 그러나 상기 두 위성과 같은 고품질 지구원격탐사위성의 자료는 원래 군사 첩보위성에 의해서만 생산되고 매우 제한된 환경에서만 사용되었다. 그래서 독일은 자국의 안보정책의 보호와 함께 위성자료의 상업화를 촉진할 수 있는 법제도가 필요하였다. 2007년 12월 제정된 위성자료보안법이 그것이다. 이 논문은 독일 위성자료보안법의 주요 내용을 살펴본 후, 2018년 다목적실용위성 3호, 3A호 및 5호의 영상을 수출하기 시작한 우리나라에 대한 시사점을 보고자 한다.

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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Sustainability in PET Packaging

  • Shin, Yang-Jai;Kang, Dong-Ho
    • 한국포장학회지
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    • 제15권3호
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    • pp.105-111
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    • 2009
  • In this work, source reduction of poly ethylene terephthalate (PET) packaging are discussed as aspect of sustainability, such as reuse, refill and recycling through the various treatment methods and historical studies for municipal solid waste (MSW) disposal. Since PET has good chemical, physical and mechanical properties, and provides good oxygen and carbon dioxide barrier properties, PET is one of the most widely used thermoplastic polyester in the U.S. and around the world. As the demand for non-renewable PET is increasing, several approaches have been developed to meet economical feasibility and environmental responsibility without degrading material performance. Several companies, such as Coca-Cola Co., Easterform Packaging Co. and Kraft, have tried to develop lightweight PET bottle, and some of lightweight PET bottles are already commercialized. Reuse and refilling for PET container is well developed in Europe, such as Denmark, German and Netherland by supportive legislation and policies. Recycling process is the best way to economically reduce PET waste. In consequence, advanced technique and further development must be provided due to increasing PET packaging waste.

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에코라벨 기준에 의한 국내 섬유제품의 분석-I (Analyses of Harmful Substances in Textile Products according to the European Eco-Label Criteria - I)

  • 최은경;조영달;박경수;이현경
    • 한국염색가공학회지
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    • 제15권5호
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    • pp.340-347
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    • 2003
  • Present situation of Korean textile products regarding European eco-label criteria was assessed by analyzing harmful substances including pH, PCP & TeCP, formaldehyde, heavy metals, cleavable arylamines, allergenic dyes, pesticides, organic carriers, TBT as well as color fastness as the minimum quality requirement. Fabric specimens were submitted from six typical textile companies for product eco-testing. In six product groups selected, arylamines, allergenic dyes, halogenated organic carriers and color fastness were found to be parameters that failed to meet the criteria. Source elucidation of harmful substances were presented with their instrumental analysis results.

독일의 테러대응 정책 변화에 따른 한국의 테러대책 방향 (A Direction to Korean Countermeasures against Terror Following the Changes in German Countermeasure Policies against Terrors)

  • 권정훈
    • 한국재난정보학회 논문집
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    • 제8권4호
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    • pp.411-418
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    • 2012
  • 본 연구는 독일의 테러 위협과 이에 대응하기 위한 정부의 테러대응 정책을 통해 한국이 지향해야 할 테러대응 정책의 개선 방향을 제시하였다. 그 결과 첫째, 테러대응 정책의 법제화 방안이 마련되어져야 할 것이다. 둘째, 통합적인 테러대응 관리센터가 구축되어져야 할 것이다. 더불어 정보 상황을 감시, 분석하는 인터넷상의 테러 관련 협동센터가 설립되어져야 할 것이다.

미국 환경형법의 특성과 강제절차 (A Study on the Enforcement and Characteristics of Environmental Criminal Law in the U.S.A.)

  • 이경호
    • 해양환경안전학회지
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    • 제5권1호
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    • pp.59-78
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    • 1999
  • Although recently vigorous studies on environmental crime have contribute criminal respects to be advanced in our country, most of them are focused on German discussions about the theory of environmental crime or environmental criminal law. As each countries in criminal legislation for environmental protection have some distinctive characteristics not found in others, the study which is more helpful to regulate environmental crime can be extend to other country in the view of comparative law. Thus this Article overviews especially the environmental criminal enforcement program involving civil and administrative enforcement in the United States. Notwithstanding that enforcement is an evolving phenomenon that only recently appeared on the scene, there is widespread public support for it. Once viewed as mere economic or regulatory offence lacking an element of moral delict, environmental crimes now provoke moral outrage and prompt demands for severe sanction and strict enforcement. Many major provisions of modem environmental acts that imposed criminal liability have been added or significantly restructured during the last decade. Notable among them are the imposition of the felony penalties for federal environmental crimes and the enactment of the endangerment crime in federal environmental law. This Article approaches the characteristics of environmental criminal enforcement form introducing major federal environmental acts. It develops the result that, considering the difference that exist between Korea and United States in environmental criminal law, our proper environmental regulatory framework can be constituted.

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Legislation on Genetic Diagnosis: Comparison of South Korea and Germany - With Focus on the Application and Communication Structure -

  • Kim, Na-Kyoung
    • 한국발생생물학회지:발생과생식
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    • 제19권2호
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    • pp.111-118
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    • 2015
  • This article explores the questions regarding PND and PID, especially the concrete legal conditions for the justification of PND and PID. As such, the German law stipulating PND and PID in a very concrete and detailed manner is introduced and explained in comparison with the corresponding South Korean law. The South Korean Bioethics and Biosafety Act (BBA) stipulates various types of gene testing and does not demonstrate a delicate sense of each type of gene testing. In contrast to the South Korean regulation, in Germany, there exist specific regulations for genetic counseling. Especially in the case of PND, GEKO stipulates the process of genetic counseling very concretely, based on GenDG. In the case of PND and PID, it is important that the people concerned understand the meaning of testing in various angles, and restructuralize it by combining it with their own values as the diagnosis is directly combined with pregnancy/abortion, which influences the whole life of a woman (and her partner). In this context, the South Korean BBA needs to be amended as soon as possible. The sections on informed consent also need to be amended to make them more concrete. Furthermore, guidelines for concretizing the regulation of BBA need to be continuously formulated and developed.