• 제목/요약/키워드: Hard Law

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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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Comparative Study of US and Korean Legal System on the Privilege against Self-Incrimination through Forced Unlocking in Digital Era (디지털시대 강제해독에 따른 자기부죄 거부 권리에 관한 미국과 한국의 제도 비교 연구)

  • Lee, Ook;Jee, Myung Keun;Lee, Dong Han
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.17 no.3
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    • pp.235-241
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    • 2017
  • With the coming of the digital era, encryption has become common in everyday life. Almost anyone can easily acquire encryption software and use it to prevent unwanted third parties from accessing one's private information. However, the spread of encryption has also seriously hindered law enforcement during the investigation of cybercrimes, which hides incriminating digital evidence in encrypted hard drives and files. Therefore, many countries have attempted to compel criminals to decrypt encrypted evidence and it has been inevitable to examine privilege against self-incrimination as basic right on the side of constitution. This study analyzed the past court decisions on the issue of compelled decryption in the US and whether the Government can compel a defendant to disclose his password in Korean legal system on the constitutional side. Finally, this study suggests an approach to create a legal procedure to make it a crime for a suspect or defendant to refuse to disclose his password to law enforcement for criminal cases in Korea.

Data Envelopment Analysis on Olympic medals : Focusing on Athens Olympic Games and Torino Winter Olympic Games (올림픽 메달의 자료 포락 분석 : 아테네 하계올림픽과 토리노 동계올림픽을 중심으로)

  • Kang, Doo-suk
    • International Area Studies Review
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    • v.14 no.1
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    • pp.299-319
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    • 2010
  • This thesis analyzed that which countries won the Olympic medals more efficiently at the Olympic Games. Unlike the previous studies, I measured efficiency under the CRS, found implications for investment to improve sports skills through understanding the characteristics of sports race. A methods for research is a DEA-based approach which measures efficiency by using the data only, not assuming the parameters. The inputs are total population and GDP, the output is Olympic medals at 2004 Athens Olympic Games and 2006 Turin Winter Olympic Games. I applied different weights based on the medal colors. The results showed the tendencies that the larger the scales of total population and GDP were, the lower efficient values were. These tendencies imply that sports skills are related with the law of diminishing returns and international convergence. According to these phenomenons, surging investments for sports performance are hard to get proper justification. In the case of limited resources, investing uniformly in various sport entries is more productive than in just one or two sport entries.

Problems Related to the Act on Decisions on Life-Sustaining Treatment and Directions for Improvement

  • Heo, Dae Seog;Yoo, Shin Hye;Keam, Bhumsuk;Yoo, Sang Ho;Koh, Younsuck
    • Journal of Hospice and Palliative Care
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    • v.25 no.1
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    • pp.1-11
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    • 2022
  • The Act on Decisions on Life-Sustaining Treatment has been in effect since 2018 for end-of-life patients. However, only 20~25% of deaths of terminally ill patients comply with the law, while the remaining 75~80% do not. There is significant confusion in how the law distinguishes between those in the terminal stage and those in the dying process. These 2 stages can be hard to distinguish, and they should be understood as a single unified "terminal stage." The number of medical institutions eligible for life-sustaining treatment decisions should be legally expanded to properly reflect patients' wishes. To prevent unnecessary suffering resulting from futile life-sustaining treatment, life-sustaining treatment decisions for terminal patients without the needed familial relationships should be permitted and made by hospital ethics committees. Adult patients should be permitted to assign a legal representative appointed in advance to represent them. Medical records can be substituted for a patient's judgment letter (No. 9) and an implementation letter (No. 13) for the decision to suspend life-sustaining treatment. Forms 1, 10, 11, and 12 should be combined into a single form. The purpose of the Life-sustaining Medical Decisions Act is to respect patients' right to self-determination and protect their best interests. Issues related to the act that have emerged in the 3 years since its implementation must be analyzed, and a plan should be devised to improve upon its shortcomings.

A Study on the Improvement of Long-Term Continuing Construction Contracts Dispute Using FGI (FGI를 활용한 장기계속공사계약 분쟁 개선방안 기초연구)

  • Kim, Jae-Sik;Lee, Jung-Won;Lee, Min-Jae
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.2
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    • pp.79-87
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    • 2023
  • Given that most government contracts are based on a fiscal year, long-term continuing construction contracts require appropriate provisions as significant amounts of budget is supposed to be invested for several years. This study drew problems and improvements of the long-term continuing construction contracts by analyzing the contents of FGI and list of construction order. We found that a number of problems, such as the mismatch between laws and enforcement decrees, difference in calculating overheads due to the extension of construction period, many construction orders that are hard to see as budget efficiency and over investment in the final annual contract, were tangled up in the process. To solve the problems mentioned, we suggested several improvements as follows: (1) effect of total construction period and total amount should be guaranteed by a law, (2) it is suggested that the scope of long-term continuing construction contract is determined by a law, and (3) it should be clear about the calculation of overheads concerned with the extension of construction period as well as the estimation of construction period to prevent over investment in the final contract.

A Study on Development Proposals for Korea's Export Control System (우리나라 수출통제 법제의 발전방안에 관한 연구)

  • Kang, Ho
    • Korea Trade Review
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    • v.43 no.3
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    • pp.75-100
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    • 2018
  • This study is designed to examine international export control norms, analyze current national export control system and identify the problems thereof, presenting several proposals for development in the system. The Republic of Korea, as a signatory of non-proliferation treaties and multilateral export control regimes, is obligated to comply with the international non-proliferation and export control norms, irregardless of hard or soft laws. Korea's export control system has been implemented in earnest since 2005; however, it contains serious problems in terms of the legal system and objectives of relevant laws and regulations, terms and definitions of the items subject to export controls, catch-all requirements, brokering license, response to the U.S. re-export controls, and so on. Proposals for development in the system include (i) enacting an independent law integrating the current dual-use items export control law and regulations, (ii) making use of the term of "strategic items" as a uniform terminology replacing 'goods etc.', 'strategic goods(inclusive of technology)', 'strategic goods, etc.', 'WMD, etc.' so as to preclude any possibility of misunderstanding, (iii) rewriting the catch-all control requirements, (iv) introducing registration system of brokering firms, (v) including provisions to comply with U.S. reexport controls, and (vi) providing stakeholder with correct and full information on export controls.

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A Study on the Methods for Systematic Management of Research Records in Engineering School Laboratories in Korea (우리나라 공과대학 연구실 연구기록의 체계적 관리 방안에 관한 연구)

  • Choi, Hyun-Ok;Rieh, Hae-Young
    • Journal of Korean Society of Archives and Records Management
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    • v.10 no.1
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    • pp.119-139
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    • 2010
  • To be able to present research authenticity, or to cope with patent related cases or any possible law suite for intellectual property, research records management is very important for evidence as well as for providing research information. But record keeping in engineering school laboratory is in an early stage, and lacks associated rules and best practices, which makes systematic research records management hard. This research investigated current practices of engineering school laboratories, analyzed related problems, and provides systematic methods for effective engineering research records management, such as modifying related regulations and process, systematizing the process of research records management, and educating researchers and building infrastructure.

Diffusion coefficient estimation of Si vapor infiltration into porous graphite

  • Park, Jang-Sick
    • Proceedings of the Korean Vacuum Society Conference
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    • 2015.08a
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    • pp.190.1-190.1
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    • 2015
  • Graphite has excellent mechanical and physical properties. It is known to advanced materials and is used to materials for molds, thermal treatment of furnace, sinter of diamond and cemented carbide tool etc. SiC materials are coated on the surface and holes of graphite to protect particles emitted from porous graphite with 5%~20% porosity and make graphite hard surface. SiC materials have high durability and thermal stability. Thermal CVD method is widely used to manufacture SiC thin films but high cost of machine investment and production are required. SiC thin films manufactured by Si reaction liquid and vapore with carbon are effective because of low cost of machine and production. SiC thin films made by vapor silicon infiltration into porous graphite can be obtained for shorter time than liquid silicon. Si materials are evaporated to the graphite surface in about $10^{-2}$ torr and high temperature. Si materials are melted in $1410^{\circ}C$. Si vapor is infiltrated into the surface hole of porous graphite and $Si_xC_y$ compound is made. $Si_x$ component is proportional to the Si vapor concentration. Si diffusion coefficient is estimated from quadratic equation obtained by Fick's second law. The steady stae is assumed. Si concentration variation for the depth from graphite surface is fitted to quadratic equation. Diffusion coefficient of Si vapor is estimated at about $10^{-8}cm^2s^{-1}$.

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IMAGING NON-THERMAL X-RAY EMISSION FROM GALAXY CLUSTERS: RESULTS AND IMPLICATIONS

  • HENRIKSEN MARK;HUDSON DANNY
    • Journal of The Korean Astronomical Society
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    • v.37 no.5
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    • pp.299-305
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    • 2004
  • We find evidence of a hard X-ray excess above the thermal emission in two cool clusters (Abell 1750 and IC 1262) and a soft excess in two hot clusters (Abell 754 and Abell 2163). Our modeling shows that the excess components in Abell 1750, IC 1262, and Abell 2163 are best fit by a steep power law indicative of a significant non-thermal component. In the case of Abell 754, the excess emission is thermal, 1 ke V emission. We analyze the dynamical state of each cluster and find evidence of an ongoing or recent merger in all four clusters. In the case of Abell 2163, the detected, steep spectrum, non-thermal X-ray emission is shown to be associated with the weak merger shock seen in the temperature map. However, this shock is not able to produce the flatter spectrum radio halo which we attribute to post-shock turbulence. In Abell 1750 and IC 1262, the shocked gas appears to be spatially correlated with non-thermal emission suggesting cosmic-ray acceleration at the shock front.

A Study of Health Care System Housing and Environment of the Elderly (고령세대의 환경과 헬스 케어 시스템 주택에 관한 연구)

  • Kim, Jeong-Ja;Kim, Jin
    • The Journal of the Korea institute of electronic communication sciences
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    • v.7 no.4
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    • pp.925-930
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    • 2012
  • In the current legal system, establishing aging friendly house based on health-care for the senior people over 65 seems hard to be achieved. For these reasons, this study is intended to explore the improvements in the legal system using the comparative analysis in the domestic legal systems. The related legal system is divided into two sections - healthcare system house and senior house. It is very limited only th exchange the information with medical teams. Thus, we need to investigate th concept and all the matters of health-care on the basis of cases. From these results, we are aware of the necessity of the improvements of the health-care system, and suggest plans for these problems. That is to organize the legal system, and make a new law through revising the current specific identification.