• Title/Summary/Keyword: Law and Institution

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A Study on the Comparison of Building Egress Safety Rule in Countries (건축물의 피난안전에 관한 국가간 기준 비교 연구)

  • 박재성;윤명오;이용재
    • Fire Science and Engineering
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    • v.16 no.2
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    • pp.27-32
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    • 2002
  • As a result of increase of high-rise building and complex building in cities, fire damage become larger and complicated. However, law and standards in connection with life safety in the fire is deficient in safety performance and the institution of fire is divided into two parts : the building law and the fire law. The aim of this research is to compare with egress safety rule in advanced countries and to analyze the national standard of egress safety by investigating research data in order to make fire safety rule more effective. On the basis of this analysis, this research also suggested that reform measures should make egress safety in the fire.

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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Review of 2019 Major Medical Decisions (2019년 주요 의료판결 분석)

  • Yoo, Hyun Jung;Park, Noh Min;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun;Park, Tae Shin
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.107-152
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    • 2020
  • During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

The Actuality and Legal Subject of foreign investment to Chinese Medical Market (중국(中國) 의료시장(醫療市場)에 대한 외국인투자현황(外國人投資現況)과 법적(法的) 과제(課題))

  • Jin, Cheng-Hua
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.311-330
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    • 2006
  • As issues of education, employment and so on, the medical issue is one of the hot spots of society in China today. The health system reform which was pushed ahead after China's Revolution and open to the outside world hasn't received great progress. Many actual problems haven't been solved, for example it is difficult and expensive to see a doctor. With the development of the economy and society, the citizen's legal consciousness has gradually risen. They make a claim for better medical service. At the same time, the number of the disputes of medical care arises annually. China has sped up the opening of service trade for fulfilling promises of entry the WTO since 2001. China has already opened many service trade fields, including medical field. From the domestic perspective, there are many problems in domestic medical department. From the international perspective, China's present medical level falls behind the world advanced medical level. Under this background, it is a bold act for China to open the medical service field to foreign investors. Today, a huge medical service market is developed in China. However, the government's investment to medical devices and the financing channels is limited. Therefore, it is inevitable that individuals, social organizations and foreign investors invest to the medical market. In view of the situation, Chinese government issued a series of relevant laws and rules. In recent years, many multinational companies, consortiums, charitable institutions, enterprises and individuals establish various medical institutions in China. But there are rare research in the actuality and legal subject of foreign investment to Chinese medical market. Hence, it is necessary to realize the actuality of foreign investment to Chinese medical market, to familiar with the elements and procedure of establishing foreign joint and cooperative medical institution. Meanwhile, analyzing the existing problems and posing the legal subject have important theoretic and practical value.

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A Study on the Scope of Practice of Nurses in the Prehospital Emergency Medical Service System (병원 전 응급의료체계에서 간호사의 업무범위에 대한 소고(小考))

  • Bae, Hyuna
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.141-171
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    • 2019
  • Nurses are medical personnels under the Medical Service Act and perform medical practice such as medical assistance at medical institutions. The nurse, a medical personnel, provides emergency medical service to emergency patients in the pre-hospital emergency medical system as a 119 rescuer based on the Act on 119 Rescue and Emergency Medical Services. The scope of practice of nurses is comprehensively defined in the Medical Service Act and specified through precedents. In contrast, The scope of work of emergency medical technician is listed in detail. It is understood that nurses in the pre-hospital emergency medical service system have a wider scope of practice than emergency medical technician. In particular, the scope of practice of nurses as emergency medical personnel in the pre-hospital emergency medical system should be interpreted differently within the medical institution, considering the urgency of the patient, being transferred to the emergency medical institution, and the specificity of medical direction through tele-communication.

A Study on the Role Promotion of Non-governmental Organization for Accident Prevention (민간기관의 사고예방사업 활성화 방안)

  • Baek, Jong-Bae
    • Journal of the Korean Institute of Gas
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    • v.15 no.6
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    • pp.44-50
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    • 2011
  • This study is to investigate the role of the private institution which has the essential resources to solve an urgent problem for the decreasing and prevention of the industrial accident and to suggest the reinforcing model of reliability, expertise, competency of private institution. And the result of this study will be judged to present a milestone to establish a role essentially for preventing industrial accident among government agencies, public institutions and private institutions. It will also help the vitalization of an industrial safety and health market and can be utilized for the revision of Industrial Safety and Health Law and a state affairs plan.

Protection of Information Sovereignty as an Important Component of the Political Function of the State

  • Zadorozhnia, Halyna;Mykhtunenko, Viktoriia;Kovalenko, Hanna;Kuryliuk, Yurii;Yurchenko, Liubov;Maslennykova, Tetiana
    • International Journal of Computer Science & Network Security
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    • v.21 no.9
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    • pp.151-154
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    • 2021
  • State information policy is an important component of foreign and domestic policy of the country and covers all spheres of society. The rapid development of the information sphere is accompanied by the emergence of fundamentally new threats to the interests of the individual, society, state and its national security. The article considers the components of the state information policy to ensure information security of the country and identifies the main activities of public authorities in this area. Internal and external information threats to the national security of Ukraine and ways to guarantee the information security of the country are analyzed. Information security is seen as a component of national security, as well as a global problem of information protection, information space, information sovereignty of the country and information support of government decisions. Approaches to ensure the process of continuity of the information security system of the state in order to monitor new threats, identify risks and levels of their intensity are proposed.

A Empirical Study on the Obstacles to the Adoption of Electronic Bill of Lading - Focusing on the Bolero Bill of Lading - (전자선화증권 도입의 장애요인에 관한 실증적 연구 - 볼레로 전자선화증권을 중심으로 -)

  • Choi, Seok-Beom;Kim, Tae-Hwan;Choi, Gwang-Don
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.30
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    • pp.27-58
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    • 2006
  • The purpose of this study is to identify key obstacles to the adoption of electronic bill of lading and to suggest an effective way to promote the utilization of electronic bill of lading in international trade field. This study finds that all the respondants have not used 'true' electronic bill of lading that is issued and distributed electronically, and most of them agreed the needs of e-B/L adoption, but their intentions to adopt e-B/L remain very low in the present situation. Five obstacles to the adoption of e-B/L were derived from an explanatory factor analysis: 'integration' factor, 'law institution' factor, 'usability' factor, 'economic efficiency' factor, and 'security' factor. Solutions to promote the utilization of e-B/L in international trade field are as follows; Firstly, to endow e-B/L with the legal force through amending relevant laws including the commercial law. Secondly, to conclude the relevant international agreement, and to carry out joint projects between nations are needed. Thirdly, to conduct publicity campaigns is required to increase the understanding of the concepts and benefits of e-B/L to all concerned parties. Fourthly, stable and reliable system must be constructed with high level security. Fifthly, to readjust the service fee of e-B/L system to a realistic level is to be needed in order for user companies to use e-B/L service.

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Psychological And Pedagogical Aspects Of Innovation Processes In Educational Activities

  • Yurchenko, Liubov;Lazorenko, Serhii;Mnozhynska, Ruslana;Tymoshenko, Yelyzaveta;Hatsenko, Halyna;Narozhna, Nadiia
    • International Journal of Computer Science & Network Security
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    • v.21 no.11
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    • pp.131-134
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    • 2021
  • The article conducted an interdisciplinary study of the concepts of innovation, innovation, innovative educational process, pedagogical innovation, management of an educational institution. Based on the study of psychological, methodological, philosophical literature, scientific approaches to the management of an innovative educational institution have been analyzed, and a strategy for its improvement has been determined. Purpose of the work: to study and characterize innovations in education, as well as in the education system.

Pedagogical Conditions And Technology Of Formation Of Management Competencies Of Future Specialists Of The System Of Higher Education Institutions

  • Rebryna, Anatolii;Kukin, Igor;Soltyk, Oleksandr;Tashmatov, Viacheslav;Bilanych, Halyna;Kramarenko, Iryna
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.217-221
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    • 2022
  • The article analyzes the main theoretical approaches to the formation of managerial competencies and establishes the degree of development of the problem. The content of the concept of "managerial competence" has been clarified, to determine the structure of managerial competencies of a future specialist in the education system and indicators of the formation of managerial competencies. The organizational and pedagogical conditions necessary for the effective process of forming the managerial competencies of future specialists are revealed. The following research methods were used in the work: theoretical (analysis of regulatory documents and scientific literature on the problem under study, comparison, generalization, modeling), empirical (diagnostics of the level of formation of managerial competencies of students of the system, questioning, observation, peer review, comparative qualitative and quantitative analysis of diagnostic results the level of formation of managerial competencies).