• Safety and Health at Work
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• 제13권4호
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• pp.507-511
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• 2022

Law enforcement officers (LEOs) often encounter rapidly changing and uncontrolled situations that expose them to various hazards. A law enforcement agency requested an evaluation by the National Institute for Occupational Safety and Health (NIOSH) when multiple LEOs reported illness after executing a search warrant and taking a suspect into custody. NIOSH investigators interviewed LEOs and reviewed medical records, forensic laboratory results for collected evidence, and environmental testing results of samples taken after the operation. Two-thirds (25 of 38) of LEOs who participated in the operation reported ≥1 symptom. Eleven LEOs met a case definition for influenza-like illness (ILI). Members of one unit were more likely to have ILI than non-members (prevalence ratio (PR), 4.1; 95% confidence interval (CI): 1.3-13.0; p = 0.01). Influenza vaccination was associated with a lower prevalence of ILI (PR, 0.2; 95% CI, 0.1-0.9; p = 0.02). Preventing employees from working while ill and annual influenza vaccination might prevent similar occurrences.

• 한국컴퓨터정보학회논문지
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• 제21권5호
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• pp.177-184
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• 2016

Since 1980s, 30 years has passed after issues on environmental refugee began to appear. However, why environmental refugee is not considered as refugee officially in international society? Above all, it seems that main point is the responsibility given to those developed countries if they, whom led the climate changes, officially acknowledge environmental refugee. The problem is that environmental refugee has no direct responsibility for causing climate changes. Actually. the responsibility should be granted to the developed and industrialized countries which caused climate changes. In accordance to the refugee protection system established under current international law, it is difficult to include them into refugee category and thus, they can hardly have enough support. It is urgently needed that new refugee treat which have the new standard and solution added to it shall be adopted. To allow new refugee treat to be effective it is compulsory to have constant and binding policy determination and willingness of execution from a united international organization. Of course, before this, countries should try to have common recognition on recognizing new refugee problem and its seriousness as well as solving those problems together. In reality, it is worth considering adoption of semi-forceable type of system as a more effective way, which allocates responsibility of accepting refugee by amount of carbon emitted. Also, as refugee issue has an important influence on mother company and the third countries, execution process of the system has to be defined clearly. For those permanent organizations, they should accurately define environmental factors making refugee and set standards to minimize possibility of abuse and misuse.

• 한국중재학회지:중재연구
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• 제33권2호
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• pp.3-21
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• 2023

Chinese law does not directly stipulate the criteria for determining the nationality of arbitral awards, and the Civil Procedure Law stipulates that arbitral awards are divided into domestic arbitral awards and foreign arbitral awards based on the location of the arbitration institution managing the arbitration cases. This indirectly classifies the nationality of the arbitral award based on the location of the arbitral institution. However, with regard to the nationality of eight arbitral awards in this paper made in China by the foreign arbitration institutions, the Chinese courts determined the nationality by arbitrarily selecting the criteria for the location of the arbitration institution and the criteria for the place of arbitration, except for arbitral awards made in Hong Kong. China's unclear attitude toward the criteria for determining the nationality of arbitral award has resulted not only obscures the country that can exercise the right to revoke arbitral award, but also obscures the laws and regulations applied to the approval and execution of arbitral awards. In other words, since the right to revoke the arbitral awards resides with the country of nationality of the awards, such an ambiguous attitude in China prevents the parties from responding to the cancellation lawsuit by predicting the nationality of the arbitral awards in advance. Furthermore, since China made a declaration of reciprocity reservations while joining the New York Convention, in cases where the criteria for location of the arbitral institution is applied, if the arbitration institution belongs to a contracting state, the it must apply the New York Convention to approve and execute arbitration decisions, but if it is not a contracting state, it must be approved and executed by mutual arbitration agreements or reciprocity principles. These results can lead to different results in approval and execution of the same arbitral awards depending on how the nationality is determined.

• 의료법학
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• 제25권1호
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• pp.3-58
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• 2024

It has become a general idea today that the characteristics of medicine should be considered as a basis when discussing a medical personnel's duty of care and whether or not it has been violated, and when discussing its duty of explanation and whether or not it has been fulfilled in medical practice. However, in the discussion of its characteristics, some shortcomings still exist, so the need for a re-discussion has been raised. Firstly, existing discussions on characteristics have failed to comprehensively grasp and explain the characteristics of medical practice. Secondly, in some researchers' arguments, there are discrepancies between the terms used to express characteristics and their conceptual definitions or content. Thirdly, the lack of exemplified cases that reflect the characteristics of medicine - especially Supreme Court precedents - has led some to think negatively about the recognition and reflection of certain characteristics. In my early writings, I have described five characteristics of medical practice: 'conflict in medical goals', 'initiating appropriate medical actions (progression of illness)', 'dynamics of medical intervention (diversity of symptoms)', 'diversity of medical effects', 'inherent risk of medical treatment (invasiveness)'. In this paper, keeping in mind the reasons for the need for reconsideration, I aim to analyze the characteristics of medicine in detail and cite key parts of representative Korean Supreme Court precedents that reflect each characteristic. The characteristics of medicine extracted from this paper are; There are ten factors, including the legitimacy of the essence of medical practice, timeliness of medical execution, dynamics of medical progress, diversity of medical effects, risk of medical invasion, non-uniformity of medical methods, limitations of medical capabilities, intervention of the medical subject, high degree of medical standards, and maldistribution of medical data.

• 의료법학
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• 제20권1호
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• pp.25-43
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• 2019

약가 인하 처분은 국민건강보험법령에서 정하는 직권 조정 사유가 있는 경우에 한하여 행정절차법이나 국민건강보험법령에서 정하는 행정 절차에 따라 내려진다. 그런데 약사법상 허가특허연계제도에 따라 후발의약품의 판매 시점이 달라짐으로 인하여 또는 약가 인하 처분에 대한 집행정지 신청의 인용 또는 기각 결정, 행정절차법이나 국민건강보험법령에 따른 행정 절차 진행 기간에 따라 약가 인하의 효력 발생하는 시점이 늦어지거나 빨라질 수 있다. 약가 인하의 효력 발생 시점이 늦추어지면 그만큼 제약회사가 이익을 얻고 반대로 국민건강보험의 보험자가 손실을 입는다. 반대로 약가 인하의 효력 발생 시점이 빨라지면 그만큼 국민건강보험의 보험자가 이익을 얻고 반대로 제약회사는 손실을 입는다. 그런데 그 이익이나 손실이 사후적으로 볼 때 부당하다고 평가될 수 있는 경우가 있다. 약가 인하 처분 사유는 동일한데 약가 인하의 효력이 발생할 때까지의 절차에서 발생하는 사정으로 인하여 제약회사나 국민건강보험의 보험자가 망외의 이익(windfall)을 얻고 그로 인하여 반사적으로 국민건강보험의 보험자나 제약회사가 손실을 입는다면 부당하다. 본고에서는 그 문제를 분석하고 이에 대한 해결 방안을 모색한다.

• 한국조경학회지
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• 제31권2호
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• pp.36-47
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• 2003

The purpose of this study is to examine the present problems relating to the legislation and execution of adornment of buildings in the provinces, and to explore ways to improve the role and function of adornment of buildings in terms of public art. In order to do that, the related national law and enforcement decree and the local regulations and rules were analysed. In addition the catalogues on the adornments of buildings that are managed by 31 cities and counties of Gyeonggi-Province were also compared and analysed. As a result of our survey, it has been determined that the reform of the adornments of buildings must be executed on the national and local levels. On the local level, the revision of regulations must occur simultaneously with the changes of national law and enforcement decrees. In many local self-governing bodies, there are quite a lot of discrepancies between their regulations and the upper law. Therefore, people can be confused regarding the sensitive problems such as the types of buildings that are required to display adornments and the proportion of the cost to the construction cost. In addition the effects of the improvements to national laws are often delayed. For example, the updated national law requires committee members to be appointed on the basis of merit, the announcement of the deliberation results, and the establishment of provisions regarding the management of existing structures. Unfortunately, improvements to the national law are not followed through on a local level. Concerning national legislation, the following improvements are necessary to minimize these problems. First, the western concept of‘public art’must be imported to Korea and applied to future legislation regarding adornment of buildings. Second, the perception of the purpose of adornment of buildings must be changed from‘art promotion’to‘improvement of the urban environment’Third, it is impractical to require private citizens to fund public worts of In. Korea requires an organized federal funding system for the commission of public art, which is to be controlled by committee. Finally, the definition of public artwork must be enlarged to include a more broad range of art, such as landscape architecture. In addition, continuing care of existing public worts of art must be managed systematically and strengthened.

• 한국측량학회:학술대회논문집
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• 한국측량학회 2004년도 추계학술발표회 논문집
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• pp.99-104
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• 2004

Recently, the old surveying method for acquiring surveying-geo information results had a low economic efficiency and a low dependence of precision because it took much times and high costs. So, we acquired law data by execution of control surveying through Static positioning of DGPS(Ashtech). It is computed plainmetric(X, Y) positioning through postprocessing by Prism S/W. And we computed height(Z) through control surveying by ring-closed leveling surveying. After control surveying execution, we built DEM(Digital Elevation Model) using LDT S/W and accuracy 3D detail surveying by EDM(Electronic Distance Measurement) surveying. The purpose of this study was to yield automated digital mapping and the automated amount of materials using ahead data. The conclusions were as follows; First, we built the automated amount of materials system and got high efficiency about personnel, times and precision. Second, when, people precisely positioned on railroads of a high-speed railroad and used GPS surveying, the result was permitted. Finally, it was possible to draw automated profile and cross-section using the 3D terrain model build with the DEM technique.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.103-122
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• 2004

Recognition and enforcement of the arbitral award play an important role in the settlement of the international commercial disputes. The New York Convention makes it a duty for the courts of signatories to recognize and enforce the foreign arbitral awards not taking the nationality of the party concerned into consideration. Recognition and enforcement of the arbitral award may be refused if the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. The arbitral award has the same force as an irrevocable judgement including effect of excluding further litigation, its execution and formation. But the effect of set aside arbitral award made abroad in arbitral place was denied by France court for the interest of his people. There is no arbitral act but arbitral procedure is regulated by New Code of Civil Procedure in case of France. An appeal against the decision which grants recognition or enforcement is open if the recognition or execution is contrary to international pubic policy in virtue of Art. 1502. Arbitrator may consider compulsory provisions in arbitral place to assure to recognition and enforcement of the arbitral award.

• 해양환경안전학회지
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• 제17권1호
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• pp.47-52
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• 2011

국제법의 일반원칙에 따르면, 연안국은 공해상의 범죄혐의가 있는 외국선박에 대하여 관할권을 행사할 수 없다. 공해상의 선박에 대해서는 국제법상 원칙적으로 기국이 관할권을 가지며, 공해상의 항해 자유의 원칙은 확립된 국제해양법의 원칙이기 때문이다. 따라서 공해상에서 연안국의 관할권 행사에 있어 국제법상 법리적 한계를 인식하고, 외교적 측면에서 실효적인 관할권 행사를 위한 노력이 필요하다는 점을 유념해야 할 것이다. 한편, 국제법상 해석학적 현장성의 법리나, 일부실행행위이론에 따르면, 공해상의 외국 선박에 대하여 연안국의 관할권 행사가 법리상 가능하다. 우리 해양경찰함정과 어업지도선의 공해상의 위법 외국선박의 단속에 있어 국제법상 판례를 통해 확립된 이러한 법리들을 활발히 적용하여 우리의 해상관할권을 적극 행사하도록 해야 할 것이다.

• 한국컴퓨터정보학회논문지
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• 제22권6호
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• pp.141-147
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• 2017

Along with the recent growth of Fintech industry and low interest rate basis, one of the alternative investment technique for expecting higher investment profit, P2P loan using P2P financial system is greatly increasing. P2P loan can be referred to as a type of Crowdfunding that the law of Crowdfunding (adopted to revised Capital Market Act) enacted on January 25th 2016 only allows investment type Crowdfunding so that it can be used as a tool of raising fund for startup and venture companies. Also, it is true that Korean government could not make any legislative foundation related to P2P loan. At this moment, those online platform companies mediating P2P loan are not included as financial companies, expected to cause various legal arguments. Financial Services Commission has released a guideline in February of this year saying that limit of P2P loan is 10 million Korean Won per arbitrating company and 5 million Korean Won per borrower. However, what is more important is to make a law supporting this institutional system. If legislation on P2P loan is implemented without care, it may disturb growth of the field but it may result in the damage of investors if not clearly defined by law. As this is the case, first, "revision of execution regulations for loan business" should take place as soon as possible to intensify inspection of loan companies by registering them to Financial Services Commission. Second, saving customer fund separately in the their organization. Third, making law on protecting investors such as regulating exaggerative advertisement. Fourth, to have transparent and fair public announcement system, standardized agreement and guideline describing clear understanding on autonomous public information publication of P2P loan online platform business and information on the borrower.