• Title/Summary/Keyword: Imperative law

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Accelerating Change in Medical Education after the Dismantlement of the Intern Training System (인턴제도 폐지 논의 이후의 의학교육 변화)

  • Yang, Eunbae B.;Kim, Byung Soo;Shin, Jwa-Seop
    • Korean Medical Education Review
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    • v.17 no.1
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    • pp.20-25
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    • 2015
  • In light of changes in today's medical environment, whether to dismantle the 50-year-old internship training system in the Republic of Korea is under debate. Although the question remains open, discussions on such issues have drawn attention to the quality of the clinical clerkship and student career advisory programs in medical colleges. The purpose of this study is to analyze the experiential clerkship and career exploration issues. Ensuring excellence of the clerkship and career advisory sessions is an essential responsibility of educational institutions regardless of whether the intern training system is dismantled. Important objectives of the experimental clerkship include reinforcing prerequisites established by law, introducing a student practice license, developing a standardized clinical assessment and student portfolio requirement, and publishing a guidebook for clinical directors. For career exploration, it is necessary to broaden participants' experiences of specialties and to manage the variety of student career guidance programs. It is imperative for the Korean Association of Medical Colleges, in collaboration with medical colleges, to play a leading role in focusing more attention and effort on such issues.

Training and role of paramedics in Japan (일본 구급구명사의 양성 및 업무에 관한 고찰)

  • Lee, Kyoung-Youl
    • The Korean Journal of Emergency Medical Services
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    • v.18 no.2
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    • pp.137-145
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    • 2014
  • Purpose: The emergency medical service (EMS) system in Japan is similar to that in Korea. This study reviewed the development of paramedics who are major personnel in the respective EMS system of their country. Methods: We searched law for paramedics and publications in J-stage, MEDLINE and the webpage of Japan's Fire and Disaster Management Agency. Results: Paramedic training had started in Japan in 1991, and most paramedics were employed in fire departments. In Japan, ambulances belonging to fire department are staffed by a three-person unit, including at least one paramedic. Medical control advisory boards were established in all Japanese prefectures in 2003 with the purpose of upgrading the activities of ambulance personnel, including paramedics. The scope of paramedics' work has been widened owing to the continued efforts of medical control advisory boards. This allows them to perform invasive procedures including tracheal intubation, intravenous line placement, and epinephrine administration under medical control of a physician. Conclusion: As paramedics' responsibilities expand, further development of the paramedic role and an effective medical control advisory board system are imperative both Korea and Japan.

Mou's 'Intellectual Intuition' and Kant's The Aesthetic (모종삼의 '지적 직관'과 칸트의 심미성)

  • Kim, young-kun
    • (The)Study of the Eastern Classic
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    • no.34
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    • pp.363-385
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    • 2009
  • I criticize Mou's moral metaphysics and propose the alternative depending on Kant's analysis on the sublime. (1) Mou's moral metaphysics conflicts with the scientific world view. (2) Kant's 'aesthetic space' does not conflict with the scientific world view. Futhermore, Kant's 'aesthetic space' satisfies the conditions which Mou's moral metaphysics requires. (3) Mencius's autonomous morality is not sufficient for justifying the moral law or categorical imperative. (4) At this point, the sublime plays the important role in bridging between nature and morality. (5) In Kant's context, the possibility of the autonomous moral action is achieved on the basis of the educated feeling of the sublime.

Characteristics of Postmodernity in Chinese Animation Films

  • Cao Yijun;HyunSeok Lee
    • International Journal of Internet, Broadcasting and Communication
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    • v.16 no.1
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    • pp.297-306
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    • 2024
  • At a specific juncture in industrial development, animation emerges as a product imbued with discernible features characteristic of the mechanical replication era. Through the integration of technology, it continually gives rise to postmodern cultural traits. Notably, the trajectories of postmodernism in China and Western Europe exhibit divergence. Following the reform and opening up, both postmodernism and modernism found acceptance and became interwoven. Chinese animated films, influenced by postmodernism, actively challenge traditional animation norms, exemplifying postmodern characteristics such as deconstruction, intertextuality, indeterminacy, collage, and diversity. This article endeavors to delve into the discourse surrounding postmodernism in both Western and Chinese contexts. It aims to scrutinize the manifestation of postmodern features, particularly with regard to ethnic elements, traditional mythological texts, and gender representations in Chinese animated films. Consequently, it becomes imperative to contemplate the affirmative adaptation and independent development of postmodernism within the unique Chinese milieu. Building upon an analysis of noteworthy traditional animated film genres and developmental trends in China, this study focuses on animated films from the 21st century, specifically Monkey King: Hero is Back, Big Fish & Begonia, Dahufa, White Snake and Nezha: Birth of the Demon Child. The paper seeks to explore the overarching characteristics of postmodernity reflected in the linguistic environment of postmodernism in China.

A Study on the Australian Law Regarding RPAS (Remotely Piloted Aircraft System): Need for an International Approach

  • Wheeler, Joseph;Lee, Jae-Woon
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.311-336
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    • 2015
  • This article surveys the current international law with respect to RPAS from both the public air law and private air law perspectives. It then reviews current and proposed Australian domestic RPAS regulation while emphasizing the peculiar risks in operation of RPAS; and how they affect concepts of liability, safety and privacy. While RPAS operations still constitute only a small portion of total operations within commercial aviation, international pilotless flight for commercial air transport remains a future reality. As the industry is developing so quickly the earlier the pursuit of the right policy solutions begins, the better the law will be able to cope with the technological realities when the inevitable risks manifest in accidents. The paper acknowledges that a domestic or regional approach to RPAS, typified by the legislative success of the Australian experience, is and continues to be the principal measure to deal with RPAS issues globally. Furthermore, safety remains the foremost factor in present and revised Australian RPAS regulation. This has an analogue to the international situation. Creating safety-related rules is imperative and must precede the creation or adoption of liability rules because the former mitigates the risk of accidents which trigger the application of the latter. The flipside of a lack of binding airworthiness standards for RPAS operators is potentially a strong argument that the liability regime (and particularly strict liability of operators) is unfair and unsuited to pilotless flight. The potential solutions the authors raise include the need for revised ICAO guidance and, in particular, SARPs with respect to RPAS air safety, airworthiness, and potentially liability issues for participants/passengers, and those on the ground. Such guidance could then be adapted swiftly for appropriate incorporation into domestic laws bypassing the need for or administrative burden and time it would take to activate the treaty process to deal with an arm of aviation that states know all too well is in need of safety regulation and monitoring.

Policy suggestions for active reporting of medical professionals for early detection of child abuse (아동학대의 조기발견을 위한 제도적 개선 방안: 「아동학대범죄의 처벌 등에 대한 특례법」이 정한 의료인에 의한 신고를 중심으로)

  • Bae, Seung Min;Lee, Sun Goo
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.143-169
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    • 2017
  • The Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes intends to encourage reporting and punishment of child abuse by using the concept of 'crime' in child abuse cases. Article 10 of the Act imposes duty to report child abuse on a number of different professions, including medical professionals. Currently, more than 80% of child abuse cases occur among family members and the detection rate of child abuse is as low as 0.5% in Korea. On the other hand, medical professionals can identify child abuse relatively clearly with specific medical opinions. Therefore, it is necessary that medical professions are informed of this duty and does not bear disincentive from reporting. This paper makes policy suggestions in this regard. First, it is necessary that medical students and medical professionals receive regular education about the obligation to report child abuse. Education should include details of the reporting duty, as well as the fact that there is legal obligation to report even if the child abuse is "suspicious", not certain. Second, it is imperative to establish and implement protective programs for medical professionals who report child abuse. The current law provides a rough framework for protection of people who report child abuse, but it is necessary to produce detailed guidelines that are applicable in the context of medical setting. Education for medical students and medical professionals should include the contents of these guidelines, so that they do not hesitate reporting because they fear the aftermath of reporting. Third, it is highly recommended that physicians use the national Baby/Infant Health Checkup Program as an opportunity to detect child abuse. In Korea, the Baby/Infant Health Checkup Program provides physicians to periodically monitor health condition of all babies and children until the age of 71 months. In order to utilize this program for early detection of child abuse, it is imperative that the bBaby/Infant Health Checkup Program is modified to involve child abuse experts and medical professionals who participate in the program are educated about child abuse.

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The Current State of Domestic and Foreign Virtual Advertising and Revitalization Strategy for Virtual Advertising in Korea ; Centered on Qualitative Research (국내,외 가상광고 현황 및 국내 가상광고 활성화 방안 :질적 연구를 중심으로)

  • Cha, Young-Ran
    • The Journal of the Korea Contents Association
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    • v.19 no.7
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    • pp.199-210
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    • 2019
  • Virtual Advertising, which was introduced exclusively in sports casting programs in 2010, has enlarged its scope to terrestrial TV networks' sports news, entertainment shows, and dramas by 2015. Such advertising deregulation allows broadcasting business operators to insert more various virtual advertising methods into TV programs. Despite recent evaluation that virtual advertising was deregulated to a large degree, it is still inadequate compared to foreign state of affairs and has a lot of room for growth. Therefore, this research explores a literature review of virtual advertising in other countries and considers possible ways for virtual advertising in Korea to move forward. Additionally, through in-depth interview with seven virtual advertising experts, the research unravels positive and negative impacts of virtual advertising as well as its current state of affairs and struggles. This research also analyses the regulation of virtual advertising and finally explores possible revitalization strategies. The results of the research show that it is necessary to first improve the viewers' favorable concerning virtual advertising in order to revitalize virtual advertising. Revitalization will also require a clarification of regulation as well as a more unified and consistent content review and rating system. Furthermore, it is imperative that data of advertising impact will be accessible to advertisers and that advertising regulation will loosen. Revitalization will also require a clarification of regulation as well as a more unified and consistent content review and rating system. Furthermore, it is imperative that data of advertising impact will be accessible to advertisers and that advertising regulation will loosen. It is necessary to further develop new techniques and creators of virtual advertising. The research suggests strategies and alternative paths for the growth and revitalization of the virtual advertising market in light of recently revised law.

Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects (최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로-)

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.53-75
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    • 1993
  • This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

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Through SNS and freedom of election Publicized criminal misrepresentation (SNS를 통한 선거의 자유와 허위사실공표죄)

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.2
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    • pp.149-156
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    • 2013
  • In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. Moreover, in the mean time the campaign and which in the course of the election campaign through the SNS, the infinite potential of the growing point than any point spread from the SNS and freedom of election campaign through public election law with regard to the limitation of the diffusion of false facts, awards, a number of problems are likely to occur. You've been in this business and disseminate false guilt disparage precandidacy for true-false, as well. He should be able to reach a specific goal you want to defeat through the dissemination of information which is specified as a crime for this strictly for the fact that disseminate false, rather than to interpret it is the judgment of the Court in that judgment against have been made. Therefore, this strict interpretation of the law and the need to revise or delete before I would like to discuss about. The legislation would repeal the cull of Ron sang first of all point out the issue through analytics. First, the purpose of the data protection Act provides limited interpretation to fit in this world of sin. Secondly, this sin is committed for the purpose of prevention, since the purpose of the objective in this case of sin and the need to interpret strictly. Why I am the Internet space in the case of so-called tweets from followers, this means in some cases done without a lot of the stars because of this, there will be a limit to the punishment of sin, this is obvious. And, in the long-awaited Constitutional Court ensures the freedom of election campaign through SNS and free election in the country, even in the limited sense interpretation opens the chapter of communication is needed. This ensured the freedom of expression will be highly this is a mature civil society that will be imperative.

A STUDY ON THE LIMITS OF ARBITRATION AGREEMENT (중재계약의 한계에 관한 소고)

  • Park, Jong-Sam;Kim, Yeong-Rak
    • Journal of Arbitration Studies
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    • v.8 no.1
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    • pp.221-241
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    • 1998
  • Though the arbitration agreement is a means to resolve disputes autonomously in essence, the Principle of Parties Autonomy and the Principle of Free Contracting can not be applied infinitely without any limitations but subject to the Public Policy and the Compulsory Provisions as established by an interested country. Such principle of law is applied to international arbitration agreements as well, but their validity should be determined by different standards from those in domestic arbitration agreements, in consideration of their internationality. The essential effect of arbitration agreement is to exclude from the jurisdiction of State courts. Depending upon definition of the legal nature of arbitration agreement, the range and contents of the effect of such agreement will vary. Whether State courts can intervene in claims related to Compulsory Provisions is an issue at the level of legislation policy which can not be easily concluded. But, the applicability of Compulsory Provisions can not serve as an imperative ground to deny the eligibility of claims for arbitration, so far as such claims can be disposed of by the parties. On the other hand, it is reasonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution to be delegated to arbitrator, so that the Principle of Parties Autonomy can be widely applied throughout the arbitration procedure as well as with other legal acts on private laws. With this, the parties can enjoy an arbitration award appropriate for characteristics of a specific arbitration agreement, thus resulting in facilitating the use of arbitration procedure for international trade activities. To conclude, the Public Policy and the Compulsory Provisions as limitations on arbitration agreement should be applied to such an extent that they can protect States basic moral faith and social order.

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