• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.181-207
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• 2008

With recent emphasis on evidence based medicine, clinical practice guidelines are seen as a potential mechanism by which unify various managerial and professional approaches to improving the quality of care. The development process of guidelines has been the subject of much research. and it is need translating the medical evidence of research into a clinical practice guidelines. the gathered evidence needs to be interpreted into a clinical, public health, policy, or payment context. The term 'clinical practice guidelines' can evoke a diverse range of responses from healthcare personnel. Clinical practice guidelines are increasingly used in patient management but some clinicians are not familiar with their origin or appropriate applications. Understanding the limitations as well as benefits of CPG could enable clinicians to have clearer view of the place of guidelines in every practice. In the context of increasing complaints and litigation in healthcare, the legal implications of clinical practice guidelines are of increasing importance. Clinical practice guidelines could, in theory, influence the manner in which the courts establish negligence by suggesting the doctor breached the duty of care by failing to provide the required standard of medical care. In several studies, the CPGs were relevent to and played a pivotal role in the proof of negligence. Much depends on the quality of guidelines and the tools developed and the authoritativeness of a guideline. Recently, there are several opinions the court also should review the validity and reliability of expert testimony including medical evidence. and widespread use of guidelines in malpractice lawsuit could lead the physicians to greater compliance with guidelines in the long term. In conclusion, Health care reformers, physicians as well as guidelines developers should understand that guidelines have both medical and legal aspects as a double-edges sword. so clinicians, legal representatives and decision-makers should not defer unduly to guidelines.

• Journal of Information Technology Services
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• v.19 no.3
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• pp.57-73
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• 2020

The proportion of digital evidence in criminal cases has increased, while at the same time, the spread of the Internet has made it easy to delete information that is stored in another place and thus, the Internet is being used to delete online criminal evidence. To respond quickly and effectively to cybercrime, 29 countries signed the Convention on Cybercrime in 2001 through the Council of Europe. Article 16 of the Convention relates to the expedited preservation of stored computer data and requires signatories to adopt legislative measures to enable its competent authorities to order expeditious preservation of specified computer data where there are grounds to believe that the data is particularly vulnerable to loss or modification. More than 60 countries have joined the Convention since 2001 and have made efforts to improve their legal system in line with it. The United States legislated 18 U.S.C. § 2703(f) to preserve electronic evidence pending the issuance of a court order. The German Code of Criminal Procedure §§ 94~95 allows prosecution authorities to seize evidence or issue production orders without court control in urgent circumstances. A custodian shall be obliged to surrender evidence upon a request that evidence be preserved, and non-compliance results in punishment. Japan legislated the Criminal Procedure Act § 197(3) and (4) to establish a legal base for requesting that electronic records that are stored by an ISP not be deleted. The Korean Criminal Procedure Act § 184 outlines procedures for the preservation of evidence but does not adequately address the expeditious preservation of digital evidence that may be vulnerable to deletion. This paper analyzes nine considerations, including request subjects, requirements, and cost reimbursement to establish directions to improve the legal system for the expedited preservation of digital evidence. A new method to preserve online digital evidence in urgent cases is necessary.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.18 no.1
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• pp.185-194
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• 2018

This study investigates the limitations of blockchain technology and the ways to improve it by using Delphi technique. Limit factors and improvement measures are classified into technology, service, and legal system. First, from a technical point of view, lack of standardization of the technology, insufficiency of integration, lack of scalability, unclear cancellation or correction policy, excessive cost of transaction verification, insufficient personal information protection and not enough to respond to hacking defense were the limiting factors. In order to improve these, the followings; ensuring standardization, securing integration and scalability, establishing cancellation of each applicable data, establishment of correction policy, efficiency of verification cost, the protection of personal information and countermeasure against hacking are provided. The related technology development and countermeasures must be established to effectively introduce the blockchain technology to the market. Second, in the early stage of blockchain service, it showed lack of utilization of the blockchain, security threat, shortage of skilled workers, and lack of legal liability. As a solution to these problems, it is necessary to suggest various applications, against security threat, training professional manpower, and securing legal responsibility. It should also provide a foundation for providing institutionally stable services. Third, from as legal system point of view, inadequate legal compliance, lack of relevant regulation, and uncertainty in the regulation were the limiting factors. Therefore establishing a legal system, which is the most important area for activating the service, should be accompanied by the provision of legal countermeasures, clearness of regulations and measures to be taken by relevant governmental authorities. This study will contribute as a reference for a research, related to the blockchain.

• The Journal of Industrial Distribution & Business
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• v.15 no.6
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• pp.25-32
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• 2024

Purpose: This research explores to (1) identify the leading challenges that the beauty care industry faces currently, which includes sustainable development, ethics, and industry laws, (2) describe how these challenges impact industries' practices and customer experience, and (3) propose plausible strategies to address these issues in an effort to enhance sustainability, ethical business practices, and compliance with legal norms in the beauty care industry. Research design, data and methodology: The research approach used is the systematic literature review approach to identify the relevant literature that addresses the current challenges in the beauty care industry and to assess the results of prior studies. Results: The finding indicated the following solutions to handle the current issues in the beauty industry: Solution to (1) Environmental Impact: Sustainable Production and Packaging, (2) Ethical Concerns: Enhancing Supply Chain Transparency, (3) Regulatory Challenges: Proactive Compliance and International Standardization, and (4) Technological Challenges: Personalization and Digital Engagement. Conclusion: Based on the conclusions made in the findings' section, this research examines the implications of the solutions to provide an insight into how the strategies can guide future practices in the beauty care industry. It also points out how these insights can be applied by industry practitioners to improve sector operational and strategic performance.

• Safety and Health at Work
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• v.12 no.2
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• pp.261-267
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• 2021

Background: The series of serious industrial accidents in recent years at contractors to large companies has highlighted risk outsourcing as a real and urgent problem. This study aims to review the difference in the degree of risk exposure and the occurrence of industrial accidents depending on the type of company relations. Among in-house contractors, the focus will be on those handling hazardous chemicals that include companies for which outsourcing requires approval. Methods: This study uses the 9th wave of the Industrial Safety and Health Survey (2018). For determining the degree of risk exposure, the occurrence of industrial accidents, and industrial accident rate, multivariate, logistic, and fractional logit, regression analyses were used, respectively. Results: First, In-house contractors' degree of risk exposure is higher than that of the client companies. In particular, this gap is even greater for companies dealing with chemicals. Second, among only those that handle hazardous chemicals, in-house contractors do show a significantly higher rate of industrial accident occurrence. Third, In-house contractors have a significantly higher rate of industrial accidents from diseases than client companies. Conclusion: The analysis supports the intent of the legal amendment that strengthens the protection of in-house contracted workers who handle hazardous chemicals. Second, the results of this study suggest that safety and health management must go beyond legal compliance and ensure that it has substance and effectiveness. Last, there should be policy consideration is necessary to reduce attempts to hide industrial accidents.

• Asian Pacific Journal of Cancer Prevention
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• v.16 no.3
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• pp.1083-1089
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• 2015

Background: Compliance with California's smoke-free restaurant and bar policies may be more a function of social contingencies and less a function of legal contingencies. The aims of this study were: 1) to report indications of compliance with smoke-free legislation in Korean bars and restaurants in California; 2) to examine the demographic, smoking status, and acculturation factors of who smoked indoors; and 3) to report social cues in opposition to smoking among a sample of Koreans in California. Materials and Methods: Data were collected by telephone surveys administered by bilingual interviewers between 2007-2009, and included California adults of Korean descent who visited a Korean bar or restaurant in a typical month (N=2,173, 55% female). Results: 1% of restaurant-going participants smoked inside while 7% observed someone else smoke inside a Korean restaurant. Some 23% of bar-going participants smoked inside and 65% observed someone else smoke inside a Korean bar. Presence of ashtrays was related to indoor smoking in bars and restaurants. Among participants who observed smoking, a higher percentage observed someone ask a smoker to stop (17.6%) or gesture to a smoker (27.0%) inside Korean restaurants (N=169) than inside Korean bars (n=141, 17.0% observed verbal cue and 22.7% observed gesture). Participants who smoked inside were significantly younger and more acculturated than participants who did not. Less acculturated participants were significantly more to likely to be told to stop smoking. Conclusions: Ten years after implementation of ordinances, smoking appears to be common in Korean bars in California.

• Asia-Pacific Journal of Business
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• v.8 no.2
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• pp.31-39
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• 2017

Countries around the world have been engaging in automatic exchange of information to tackle tax evasion. The same goal became the basis of the enactment of the Foreign Account Tax Compliance Act (FATCA) by the United States Congress. In order to establish a common approach to counter tax evasion among different countries, the Organization of Economic Cooperation and Development (OECD) released the Standard for Automatic Exchange of Financial Account Information in Tax Matters which consists of the Competent Authority Agreement (CAA) and the Common Reporting Standard (CRS). Specifically, the automatic exchange of information is the exchange of financial account information between Tax Authorities in relevant countries. The law requires this information to be collected by financial institutions around the world for reporting to Tax Authorities. Automatic exchange of Information is made up of two information sharing frameworks: The Foreign Account Tax Compliance Act (FATCA) and The Common Reporting Standard (CRS). Under the automatic exchange of information, all financial institutions must identify accounts held by customers who are foreign tax residents or entities connected to foreign tax residents. Financial institutions must report these to the relevant Tax Authority who will then automatically exchange the account information with the relevant foreign Tax Authorities. Korean government has enacted domestic laws to require financial institutions to collect and report this information and has entered into international agreements to exchange the information with other governments. This paper analyzed the FATCA and CRS rules overall and proposed solutions for the legal and practical issues. This paper contributes to the existing literature on the automatic exchange of information by considering two information sharing frameworks.

• Journal of dental hygiene science
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• v.20 no.2
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• pp.97-106
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• 2020

Background: In Korea, laws for many medical technicians were revised in the Enforcement Decree of the Medical Technicians Act (MTA), which was announced on December 2018, whereas those related to dental hygienists remained unchanged. This study aimed to determine the awareness and opinions of dental hygienists regarding MTA. Methods: Dental hygienist were recruited as participants via convenient sampling in Seoul, Gyeonggi-do, and Chungcheong-do; data from 291 self-reported questionnaire responses were used for the final analysis. We investigated the participants' general characteristics, awareness, and request for the amendment of the MTA. The compliance with the work scope specified in the MTA and level of demand for revision of the MTA were analyzed by independent t-test and one-way analysis of variance. For all statistical analyses, the significance level was set at 0.05. Results: For the 2018 MTA revision, 99 (34.02%) knew that dental treatment assistance and surgery assistance were excluded, whereas 192 (65.98%) did not know. The item "The current medical technician law must be revised" was scored 4.13±0.80 out of 5 points, and significant differences were identified according to the education level, career, and position (p<0.05). The item "It is necessary to institutionalize the expanded work scope beyond the work scope of dental hygienists specified in the MTA" was scored 4.02±1.04 out of 5 points, and significant differences were identified according to age (p<0.05). Conclusion: The participants wanted the MTA to be revised to reflect the real-world work performed by dental hygienists in the dental clinical field. The legal system must ensure the legal protection of the work area of the dental hygienist as an oral health professional, and recognize the legal work scope of the dental hygienist.

• Journal of Labour Economics
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• v.23 no.2
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• pp.1-37
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• 2000

Since the early 1990s, the Korean courts have tilted in the direction of giving greater freedom to employers by relaxing the restrictions on dismissal for economic reasons. During the Korean economic crisis of 1998, the Korean Labor Standard Act was also revised for the purpose of relieving the limitation of employer's discretion in employment adjustment. From the Coasian perspective, this article analyze how implied contracts for the employee's reliance and employer's compliance might be influenced after the formal law is revised. We demonstrate that, if the legal change results in excessive intervention, it might cause the employers to over-breach, the employees to under-rely, and the accompanying efficiency to decrease. We scrutinize the total population of unjust dismissal cases since 1987 in order to investigate how the legal changes in Korea have affected the implied contracts. Our empirical analysis raises a possibility that Korean legal changes made in 1990s might have increased the employer's opportunism and decreased the employer's reliance effort.

• Journal of Internet Computing and Services
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• v.15 no.2
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• pp.129-142
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• 2014

Latest in Smart Grid projects are emerging as the biggest issue that smart meter should meet the security goal and the SW upgrade for compliance with future standard. However, unlike regular equipment, Smart meters should be designed in accordance with the regulation of legal metrology instrument in order to establish a fair trade-based business and unauthorized changes, it is not allowed and it is strictly limited by law. Therefore, this paper propose a new scheme of certification regarding type approval and verification for legal smart meter as analyzing the requirements of a smart meter regarding upgrade and security. This analysis shows that the proposed scheme comply with the regulation and the specification of smart meter by applying it to smart meter with smart card.