• Title/Summary/Keyword: Law enforcement

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A Study on Lawsuit Cases and Measures of Emergency Medical Service (응급의료서비스 중 발생되는 소송사례와 대책 연구)

  • Kwon, Hay-Ran
    • The Korean Journal of Emergency Medical Services
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    • v.13 no.3
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    • pp.77-90
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    • 2009
  • Civil complaints and lawsuits filed in the process of providing emergency medical service include fall accident on the way of carrying the patient, transfer consent, refusal and rejection of rescue request, range and behavior restriction of emergency medical technicians, false registry of logbook, neglect of duty and emergency patient, and violation of traffic laws on the way of dispatch to the scene of accident. This study suggested the measures by cases as follows. 1. The accidents on the way of carrying a patient could be divided into fall of patient and fall by paramedic's mistake. In the former case, damages caused by the ambulance's shaking must be notified to the patient and guardian and recommended to fasten seat belt, in the latter case, the plan of patient's posture, route of transport, rescue and equipments should be comfirmed before fixing the patient. 2. Transfer consent must be made as implied when the patient is unconscious under delusion and was not able to consent physically, and paramedic must take an action by his judgment and record details of services on logbook. 3. When a patient refused to transfer, get 'confirmation of transfer refusal' and inform him of refusal. Paramedic should receive the signature. In addition, in case of refusal, transfer request should be made after hearing doctor's opinion and it should be notified to transfer request and superintendent of fire station after making 'confirmation of transfer refusal'. 4. Emergency medical technicians should perform their duties within the range of services prescribed by Article 41 of Law of Emergency Medical Service and Article 33 of Its Enforcement Regulations and shall not make announcement of death. In case of reporting the death to guardian, it is desirable to use record data like ECG results. 5. The best way to have protection from legal problems is making and keeping the exact records of accident and patient. Paramedic should not mention his subjective opinion about the accident-related matter. He must record correctly and keep the original medical records. 6. As emergency medical technicians are responsible for taking care of emergency patients, they must contact a briefing room when they meet a difficult situation suddenly due to vehicle stop or treatment of other patients and then must have support from neighboring hospital and other safety centers. 7. Since the ambulance operator is responsible for safety and careful driving of ambulance, he must be careful when he violates traffic regulations unavoidably. The operator should drive slowly below 10km/h at an intersection and pass it after getting way from general vehicles driving from all directions.

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A Study of Call Service Mechanism on SIP for Emergency Communication Services (긴급통신서비스 제공을 위한 SIP에서의 호 서비스 메커니즘에 관한 연구)

  • Lee, Kyu-Chul;Lee, Jong-Hyup
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.11 no.2
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    • pp.293-300
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    • 2007
  • As the development of the various IP-based services, it is expected that Internet telephony service will gradually replace the traditional PSTN-based telephony service. But there are many issues resolved to spread the Internet telephony service. One of them is to support the emergency services in the Internet telephony. In the case of USA, it has been regulated that 911 services should be supported in the Internet telephony services using VoIP on the similar performance level to PSTN 911 service. According to the regulation, basic VoIP 911 calls should be routed to the general access line of LEA without the location information or the callback number, but the enhanced VoIP 911 calls with the location information and callback number should be routed on the dedicated 911 network and destined to the local 911 distribution center such as PSAP. But, in the current VoIP-based Internet telephony network, the emergency call service has not been handled as one of the special services as well at has a worse performance in comparison to it on PSTN. Moreover, the service has a critical problem that it can not be destined to the nearest PSAP because of the insufficient information about the location information and the call back number. In this paper, we suggest the SIP-based emergency call service mechanism in order to resolve the problems above mentioned. This suggested mechanism is implemented to show its effectiveness and efficiency.

A Study on the Necessity and Direction of Regulations on the Emission of Hazardous and Noxious Substances from Marine Industrial Facilities (해양산업시설의 위험유해물질 해양배출 규제체계 개선의 필요성과 규제방향에 대한 연구)

  • Lee, Moonjin;Kim, Kyewon;Kang, Wonsoo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.6
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    • pp.737-743
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    • 2021
  • In this paper, the current status of marine industrial facilities, regulatory legal systems, and emission status of hazardous and noxious substances (HNS) in these facilities were analyzed, and the direction of improvement of the regulatory system was presented accordingly. As a result of the analysis, it is estimated that about 1,100 marine industrial facilities are subject to the Marine Environment Management Act of 2007. It is estimated that 190 kinds of hazardous substances are discharged from these marine industrial facilities and are highly likely to flow into the ocean, of which 20 are estimated to be discharged into the water system. However, due to the lack of relevant laws and regulation, it is difficult to clearly determine whether the discharged material corresponds to an exceptional discharged material, making it difficult to effectively enforce regulations in the field. For this reason, effective regulatory enforcement is difficult in the regulatory field. The marine environment management law should clearly stipulate the exceptional emission standards and types of substances, and clarify the selection system, risk assessment system, and emission information collection and monitoring system for related Hazardous and Noxious Substances.

A Study on Qualification for Possessory Lien on and Auction of Unregistered Buildings (미완성건물의 유치권 및 강제경매 대상적격에 관한 연구)

  • Lee, Jae Seog;Jung, Bo Seon;Lee, Sang Youb
    • Korea Real Estate Review
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    • v.28 no.4
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    • pp.53-62
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    • 2018
  • When the contractor does not receive payment for his work due to the client's funding default, he can take various legal measures against the client, in addition to refusing to transfer the building under construction to the client. To claim top payment priority and to demand the equal enforcement of the law by applying for compulsory auction or auction by exercising the right of lien, the contractor should know the construction phase or the point in time when he could exercise a lien or apply for a forced auction of the unregistered building. This study was conducted to examine qualification for lien and auction of an unregistered building. First, the general criteria for qualification for lien from qualification for ownership were examined. This means that an unregistered building can be subject to lien from a certain point in time in the construction phase, where the ownership is qualified as an independent real estate with minimal pillars, roofs, and walls. Second, the contents of the narrow and broad auction qualification were analyzed. As the contractor can select the appropriate legal means to reimburse the construction cost for the unregistered building, the results of this study are expected to provide the bases for qualification for lien on and auction of unregistered buildings.

A Study on Management and Utilization of Non-disclosure Records (비공개 기록의 관리와 활용에 관한 연구)

  • Ahn, Ji-Hyun
    • The Korean Journal of Archival Studies
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    • no.13
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    • pp.135-178
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    • 2006
  • The response of public organizations on information offerings has affirmed that the arrangement of the management of records is an important project to be implemented ahead of the enforcement of the information disclosure system. In particular, the absence or non-disclosure of information of public organizations on records containing significant information and abuse of the secret disposition of information has demonstrated that it is imperative to improve radically the management of secret or non-disclosed records as well as overall changes of awareness. This study reviewed the reality of the current non-disclosure and management of confidential records based on the awareness on such records and proposed improvement measures. The study on non-disclosed and confidential records has been discussed from legal and administrative perspectives so that the main focus has been on the institutional aspect. Yet, there is a limitation on such discussions in that there cannot be fundamental access to issues of non-disclosed and confidential records. That is because the management of information classified as non-disclosed and confidential can be improved fundamentally when all processes from the production of the records to their management are carried out reasonably. Accordingly, since our record management system is divided into three phases of the disposition division, record center, and archives and takes a management record by being applied to the flow of the life cycle of records, we have reviewed overall issues from the production of non-disclosed and confidential records to the utilization of the records pursuant to these steps and offered directions for improvement.

A Historical Approach to the Development of Democracy and the Archival Society in Korea (한국 기록관리와 '거버넌스'에 대한 역사적 접근)

  • OH, Hang-Nyeong
    • The Korean Journal of Archival Studies
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    • no.11
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    • pp.15-40
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    • 2005
  • 'Governance' is a subject that is widely discussed these days in the government and the academic world. I think that the new concept, 'governance', is a strategy to develop the democracy of the society in its institutional and functional aspects. When we are going to discuss about governance, public records and their relationships, without understanding the meaning of 'public' in Korea, we cannot expect to discuss the matter precisely. It is said that Korean public service sectors are awash with authoritarianism and unreasonableness, and that they are at the center of seething corruption and bribe scandals. It is the legacy that the regimes adopted in the aftermath of the Japanese colonial rule for 35 years. The colonial legacy included not simply the practice of the Japanese colony, but also people who had collaborated the Japanese. The American military government and Rhee, Sung-Man regime also appointed the same officials to government posts. As was the same case in other areas including economy, press, education, politics, law, etc. In this point of view, "Righting historical wrongs", a controversial issue now in Korea, aims at establishing the right relationships between an individual and the public, and eventually laying the foundation of democracy for future generation, a procedure of achieving good governance. Apparently, Korea has made progress in developing democracy, as well as in reforming the government policy and organization. Many independent commissions are performing the projects instead of the government institutions that mandated to do the job, but has not played their roles. The e-government projects in Korea was launched in 2001 by the former administration. However, the confusion of records-management after the promulgation of the act is the result of the lack of strategy and the inconsistency of the vision. Good record-keeping supports effective, transparent and accountable government. Accountability is a key element of good governance. It is a recognized fact that without information, there is no guidance for decision-making, and accountability. Thus without records, there is no accountability for the decisions of actions. Transparency means that the decisions taken and their enforcement are carried out based on led-out rules and regulations. When both accountability and transparency are non-existent, good governance is bound to fail. Archival institutions have to give an attention to inner-governance because of the new trend of archival practice, namely 'macro-appraisal'. This 'macro-appraisal' is a kind of a functions-based approach. However, macro-appraisal focuses not just on function, but on the three-way interaction of function, structure and citizen, which combined reflect the functioning of the state within civil society, that is to say, its governance. In conclusion, the public and democracy are major challenges in the Korean society. The so-called good governance requires good record management. In this respect, records managers are in the front line of instituting good governance, and achieving better public and democracy for future generation, a procedure of achieving good governance.

Does Artificial Intelligence Algorithm Discriminate Certain Groups of Humans? (인공지능 알고리즘은 사람을 차별하는가?)

  • Oh, Yoehan;Hong, Sungook
    • Journal of Science and Technology Studies
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    • v.18 no.3
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    • pp.153-216
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    • 2018
  • The contemporary practices of Big-Data based automated decision making algorithms are widely deployed not just because we expect algorithmic decision making might distribute social resources in a more efficient way but also because we hope algorithms might make fairer decisions than the ones humans make with their prejudice, bias, and arbitrary judgment. However, there are increasingly more claims that algorithmic decision making does not do justice to those who are affected by the outcome. These unfair examples bring about new important questions such as how decision making was translated into processes and which factors should be considered to constitute to fair decision making. This paper attempts to delve into a bunch of research which addressed three areas of algorithmic application: criminal justice, law enforcement, and national security. By doing so, it will address some questions about whether artificial intelligence algorithm discriminates certain groups of humans and what are the criteria of a fair decision making process. Prior to the review, factors in each stage of data mining that could, either deliberately or unintentionally, lead to discriminatory results will be discussed. This paper will conclude with implications of this theoretical and practical analysis for the contemporary Korean society.

A Study on Detection Technique of Anomaly Signal for Financial Loan Fraud Based on Social Network Analysis (소셜 네트워크 분석 기반의 금융회사 불법대출 이상징후 탐지기법에 관한 연구)

  • Wi, Choong-Ki;Kim, Hyoung-Joong;Lee, Sang-Jin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.22 no.4
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    • pp.851-868
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    • 2012
  • After the financial crisis in 2008, the financial market still seems to be unstable with expanding the insolvency of the financial companies' real estate project financing loan in the aftermath of the lasted real estate recession. Especially after the illegal actions of people's financial institutions disclosed, while increased the anxiety of economic subjects about financial markets and weighted in the confusion of financial markets, the potential risk for the overall national economy is increasing. Thus as economic recession prolongs, the people's financial institutions having a weak profit structure and financing ability commit illegal acts in a variety of ways in order to conceal insolvent assets. Especially it is hard to find the loans of shareholder and the same borrower sharing credit risk in advance because most of them usually use a third-party's name bank account. Therefore, in order to effectively detect the fraud under other's name, it is necessary to analyze by clustering the borrowers high-related to a particular borrower through an analysis of association between the whole borrowers. In this paper, we introduce Analysis Techniques for detecting financial loan frauds in advance through an analysis of association between the whole borrowers by extending SNA(social network analysis) which is being studied by focused on sociology recently to the forensic accounting field of the financial frauds. Also this technique introduced in this pager will be very useful to regulatory authorities or law enforcement agencies at the field inspection or investigation.

Self-Disclosure and Confidential Responsibility of Professor Regarding Employee Invention (직무발명에 대한 교수의 자기 공개와 비밀유지 의무에 관한 연구)

  • Na, Dong-Kyu
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.12
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    • pp.752-758
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    • 2020
  • A professor is an employed as a member of a college, and his invention is transferred to the Industry-Academic Cooperation Foundation (IACF). A professor often reveals his inventions in a thesis or at a symposium before the IACF applies for a patent. Such self-disclosure could be in violation of the confidential responsibility. This study analyzes the number of patent invalidation trials as well as self-revealed patent applications raised in connection with the confidential responsibility. This study also scrutinizes cases to figure out whether the confidential responsibility was breached depending on the time of the self-disclosure both before and after the succession of an invention. In addition, side effects that could accompany self-disclosure are investigated. In the case of the self-disclosure by the professor, an invention to which the college belongs fails to secure patent right or it is hard to obtain comprehensive right. Even if rights were secured, it could be invalidated. Furthermore, they could infringe the confidential responsibility of employees under the Invention Promotion Act, and also could contravene the confidential responsibility specified by the Enforcement Decree of the unfair Competition Prevention if the succession of the invention is confirmed. Therefore, colleges should manage self-disclosure of employee invention and take appropriate action.

Problems of the Radiation Safety Management System and Legal Improvement Plans in the Department of Radiological Science: Focusing on the survey of the head of the Department of Radiological Science (방사선(학)과 방사선 안전관리제도의 문제점과 법적 개선방안: 전국 방사선(학)과장 설문조사를 중심으로)

  • Hyun-Jung, Lee;Chang-Gyu, Kim;Man-Seok, Han;Cheol-Ha, Baek
    • Journal of the Korean Society of Radiology
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    • v.16 no.7
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    • pp.815-824
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    • 2022
  • The current radiation safety management system is also applied to radiation practices at universities. The application of the law raised concerns about poor radiation practice education and hindering the development of radiology. Accordingly, the Korean Radiology Professors Association needed to grasp the reality of the management system for radiation practice education at each university and the current radiation safety management system in the department of Radiological science. So, a survey was conducted on heads of radiological science departments across the country. Through the survey, it was found that the current application of the Nuclear Safety Act to radiation safety management in the department of Radiological science is excessively restrictive and not very effective. In addition, radiology practice education for the purpose of training health and medical professionals should be controlled by the Ministry of Health and Welfare and the Korea Centers for Disease Control, but there is a problem of being supervised by the Nuclear Safety and Security Commission. Therefore, in this study, as a legal improvement plan to solve this problem, first, a plan according to a partial amendment to the Higher Education Act, second, a plan to be supervised by the Ministry of Health and Welfare through the amendment of article 37 of the Medical Service Act, third, article 20-2 of the Enforcement Decree of the Medical Service Technologists Act was newly inserted to propose three measures to be supervised by the Ministry of Health and Welfare.