• Title/Summary/Keyword: Law and Institution

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A Study on Analysis of Remodeling Target Institution for Larchiveum Spatial Planning (라키비움 공간기획을 위한 리모델링 대상 기관의 현황 분석 연구)

  • Choi, Youngsil
    • Journal of the Korean Society for information Management
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    • v.30 no.2
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    • pp.143-167
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    • 2013
  • There are increasing needs for complex information services for user of cultural heritage institution recently. And the concept of "Larchiveum", merging of functions of libraries, archives and museums, is suggested in United States and researches associated with this concept are progressed on Korean information science. At present, however, the larchiveum has not been materialized, and hence researches focus on theoretical frameworks. Therefore, this study establishes plans for an analysis with planning of institutions that libraries, archives and museums are remodeled into larchiveum. Methodologically, the research processes of existing larchiveum spatial planning are specified. More realistic implementing measures for larchiveum spatial planning are suggested through utilization of related law & guidelines as analysis tools.

Analysis on Research Trend of "Journal of the Korean Society of Marine Environment & Safety" ("해양환경안전학회지"의 연구경향 분석)

  • Kim, Sang-Goo;Lee, Won-Il
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.16 no.4
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    • pp.415-420
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    • 2010
  • "Journal of the Korean Society of Marine Environment & Safety" is representative scientific journal about ocean environment and ocean safety in Korea. This study analyzed research trend of "Journal of the Korean Society of Marine Environment & Safety" through review of articles published in the journals for 10 years tram 2000 to 2009. On the basis of the pursuit of learning and academic constitution of "The Korean Society of Marine Environment & Safety", criteria items of analysis for research trend such as authors institution of employment, region of authors' institution, form of participation in research, article's educational nature, article's method of study, article's area of study, etc. were set up and applied to 310 research articles published in "Journal of the Korean Society of Marine Environment & Safety" for 10 years.

A Limit of the Prohibition of Ar ticle Type Medical Advertisement (금지되는 기사성 의료광고의 한계)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.13 no.2
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    • pp.141-178
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    • 2012
  • Korea's medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists' opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.

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A Case Study on the Fundamental Breach of Contract and its Application for the Avoidance of Contract and Requiring Substitute Goods under the CISG (국제물품매매계약에 관한 UN협약(CISG)상 근본적 계약위반과 이를 원용한 계약해제권과 대체품청구권에 관한 판례연구)

  • PARK, Eun-Ok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.47-73
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    • 2015
  • This study primarily concerns the fundamental breach of contract by a seller and a buyer's two remedies that are entitled to under the CISG. Regarding the breach of contract, the CISG simply provides a list of each party's obligations and regulates that both parties should fulfill the obligations under the contract as well as the Convention. When the CISG specifies the remedies for both parties, it requires to divide the fundamental breach of contract from breach of contract. By doing so, it provides different remedies to both parties depending on whether it is the fundamental breach of contract or not. From the point of buyer's view, the buyer has two remedies when there is the fundamental breach of contract by the seller; they are the right to declare the avoidance of contract and to require the delivery of substitute goods. The fundamental breach of contract is a pre-requisite condition to be fulfilled in order to exercise these two remedies. Although the CISG provides the definition of fundamental breach of contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore, this paper will analyze recent cases focusing on the most debated issues regarding the interpretation of fundamental breach of contract; first, who determines the substantial deprivation and when is the time for determination, second, when is the time for unpredictability of substantial deprivation, and last, who has a burden of proof.

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Exploratory Study on New Institutionalist Approach for Media Institution (미디어 제도의 신제도주의적 접근을 위한 탐색적 연구)

  • Shim, Young Sub;Heo, Chanhaeng
    • Korean journal of communication and information
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    • v.69
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    • pp.170-194
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    • 2015
  • New institutionalism is one of the research perspective, explaining political, economic, social phenomena through institutions. It is seeking more accurate diagnosis and solution of societal problem. What is good media for community? And how it should be operate? These questions are related to design and improvement of media system. Now we need to better approaching method for higher explanatory power about media institutions. From this context, the purpose of this study is exploring application of new institutionalism to media system. The major findings are as follow: At first, the new institutionalistl approaches can be apply the research fields of media policy/law and media organizations. Two, we suggest main research questions and research methods to each of that. This study has implication as more systematic and integrated approach to the research fields of media institution.

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Has Disabled Access in Healthcare Institutions been Increased? - A Case Study of Jongno-gu in Seoul, Korea - (장애인의 의료기관 접근성은 향상되었는가? - 서울시 종로구 병의원을 대상으로 -)

  • Lee, Jin Yong;Jeong, Jaeyoung;Kim, You Kyung;Jun, Eun-Kyung;Kim, So Yun;Kim, Hyun Joo;Lee, Bo Woo
    • Health Policy and Management
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    • v.22 no.4
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    • pp.696-702
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    • 2012
  • The purpose of this study was to evaluate the improvement of disabled access to healthcare institution located in Jongno-gu, Seoul in 2011 compared to 2003 since disabled access has been mandatory in healthcare institutions located in new buildings by the amended law in 2004. We had investigated 10 assessment items for disabled access in 166 healthcare institutions located in Jongno-gu, Seoul and the results were compared with those of 2003 survey. On average, 74.1% of the healthcare organizations has equipped with items for disabled access. However the adequately equipped rate for those items was only 39.2%. Compared with the results of 2003 survey, these rates showed a little increase by 4.1% and 8.0%, respectively. There were only 10 healthcare institutions located in new buildings which were constructed after July, 2005. Their average equipped rate(84.4%) and adequately equipped rate(46.8%) were higher than those of the other organizations because the Korean government ruled that healthcare institutions in new buildings must have facilities for the disabled. In conclusion, we confirmed that the accessibility of the disabled to healthcare institution slightly increased. In particular, the healthcare institutions in newly constructed building showed the significant increase of accessibility of the disabled. However, it is founded that disabled access is still not enough for the disabled.

Research trend analysis of the introduction at the issue of private investigation institution (민간조사제도 도입시 쟁점에 대한 연구동향 분석)

  • Seo, Jin-Seok
    • Convergence Security Journal
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    • v.15 no.3_2
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    • pp.11-19
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    • 2015
  • This paper, so far to analyze the research trends in the issue that has been discussed for the introduction of private investigation institutions, by projecting its suggestion, want the investigation purpose of presenting the desirable introduction direction. The analyzed issue was extracted for existing research material on the introduction of private investigation institutions. Investigators pointed out issue is the name, business scope, corporate, qualification system (eligibility criteria and test), education, association establishment, regulatory agencies, has been included in the eight categories such as legislation form. For the name, I think there is a need to unify under the name "detective". For the scope of work, the amendment is difficult law, place an overview of the general business rules, more specific and detailed investigation business content, to discipline through the ordinance it is possible to be rational. Private investigation institutions, I think the need for limited operations of the corporation. For education, the new education and re-education on a regular basis I do for the private investigation workers. You must be one of the National Police Agency to the management authority. Legislative form, not to be defined by its own law, the revision of the security law, but that is to complement the provisions for private sector research system is effective.

A Legal Study on the Legal Regulations and the Attitudes of Cases in the Hospital Owned by Non-medical Personnel (사무장병원에 대한 법적 규제와 판례의 태도에 관한 고찰)

  • Baek, Kyounghee;Chang, Yeonhwa
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.33-67
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    • 2020
  • The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

A Ten-year Bibliometric Analysis of Research Trends in Three Leading Ecology Journals during 2003-2012

  • Saravanan, G.;Dominic, J.
    • Journal of Information Science Theory and Practice
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    • v.2 no.3
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    • pp.40-54
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    • 2014
  • This paper attempts to highlight quantitatively the growth and development of literature in the field of ecology in terms of publication output using the resource Web of Science$^{(R)}$. The focus of this analysis was to study the literature on ecology published in three journals, viz., Ecology Letters, Trends in Ecology & Evolution, and Annual Review of Ecology Evolution and Systematics. 2946 records were retrieved for 10 years (2003-2012). The study revealed that multiple authorship in the field with collaborations of two (30.31%) and three authors (19.89%) was dominant. The Degree of collaboration, Collaborative coefficient, and Collaborative index were calculated and the applicability of Lotka's law was tested. The study identified five-year patterns in research trends, using the three studied journals, to see if the subjects of focus changed within a decade. The most productive institution was University Calif. Davis, USA, followed by University Calif. Santa Barbara, USA, and University Queensland, Australia, and the most productive countries were the USA followed by UK and Canada.

A Study on the Determination and the Allocation of the Costs of Arbitration in ICC Rules of Arbitration(1998) (ICC중재규칙(1998)에서 중재비용의 결정 및 할당에 관한 연구)

  • Oh, Won-Suk;Kim, Young-Hak
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.32
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    • pp.93-111
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    • 2006
  • The purpose of this paper is to analyze the composition of the arbitration costs in ICC Rule of Arbitration and to examine how each item of the costs is determined. Furthermore this author tired to find the principles or criteria deciding which of the party should bear them or in what proportion they shall be home by the parties in Article 31. Thus this author could find three common approaches. First, all of the costs are home by the losing party, or Second, all of the costs are allocated in proportion to the result of award in each case. Third, all of the costs determined by the Court as shared equally by the parties and both parties bear their own costs. But, both parties may include their intention in accordance with the principle of party autonomy. For example if the parties with to ensure that the arbitration costs be shared equally and that the arbitrator make no allocation of costs and fees, the following sentence could be added to the arbitration clause. "All costs and expenses of the arbitrators (and the arbitral institution) shall be home by the parties equally; each party shall bear the costs and expenses, including attorneys' fees, of its own counsel, experts, witnesses and preparation and presentation of its case."

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