• Title/Summary/Keyword: Legal Compliance

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A Study on Current State of Web Content Accessibility on General Hospital Websites in Korea (국내 종합병원의 웹 접근성 실태에 관한 연구)

  • Kim, Yong-Seob;Oh, Kun-Seok
    • Journal of Internet Computing and Services
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    • v.11 no.3
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    • pp.87-103
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    • 2010
  • In the study, we introduce the trend in domestic and foreign web accessibility, as well as the legal system that ensures web accessibility. Based on Korean Web Content Accessibility Guidelines (KWCAG)1.0, we investigated the web content accessibility of 80 tertiary health-care hospitals and general hospitals in Korea. We evaluated accessibility by combining accessibility-based criteria (ABC) with usability-based criteria (UBC). ABC was limited to an alternative text for Guideline 1, using a small number of frames and keyboard accessibility for Guideline 2. UBC checked the voice service (TTS), resizing text, providing multi-lingual websites, and disclosing web accessibility policy. KADO-WAH2.0 was used for representing the compliance rate. The evaluation result was a considerable improvement from previous results, even though the rate of compliance with web accessibility was generally insufficient. There was a significant difference between those medical centers which did and did not comply with web accessibility. Incidentally, many hospitals were found to have attempted to confront and come to terms with web accessibility. In future, the following factors are advisable for medical centers with publicity or public interest: they must employ active and aggressive promotion of establishment of independent accessibility guidelines to secure web accessibility, they should effect an improvement of the realization of web accessibility, there can be constant education and promotion, and there can be an institutional supplementation, as well as others.

A Study on the Advocacy System for Service User in Social Welfare (사회복지에서의 이용자 지원을 위한 권리옹호(Advocacy) 시스템에 대한 고찰)

  • Lee, Myoung-Hyun
    • Korean Journal of Social Welfare
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    • v.56 no.2
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    • pp.29-52
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    • 2004
  • Social welfare has transformed from a provider-centered welfare into a user-centered welfare. This trend have to increase the right to welfare and convenience for users. If the goal of social welfare guaranteed the respecting man's life and dignity, we had not regarded service users as the weak in the welfare system. The reinforcement of service users as the reconfirmation of welfare user's identity, mistreatment and violation of another's rights, self-determination must have the advocacy system. The advocacy for social welfare is the activity for benefit of individual, group, and community, and, protection, guarantee and maintenance of client's right. However, the client is hard to realization of right. therefore We have to support the activity for advocacy. The advocacy take aim the basic need of life and need the system for life support and safeguard client's rights. The mission of the advocacy for welfare service user is to advance the dignity, equality, self-determination, and expressed choices of individuals. We promote, expand, protect and seek to ensure the human and legal rights of individuals through the provision of information and advocacy. The advocacy system will carry out this mission in partnership with welfare service users. The goals for the advocacy system are organized into the following focus areas, which are not listed in order of priority: the majority guardian system and the support activity for service users, a predicament solution activity, service assessment, informed concent system.

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Main Issues on the Insurer's Duty of Payment of Insurance Claim in English Insurance Law -Focused on the Revised Provisions in Insurance Act 2015 - (영국 보험법 상 보험자의 보험금지급의무와 관련한 주요 쟁점 - 2015년 보험법 상 개정내용을 중심으로 -)

  • SHIN, Gun-Hoon;LEE, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.76
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    • pp.125-145
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    • 2017
  • Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

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A Study on the FIDIC Conditions of Contract for Design, Build and Operate Projects (FIDIC의 DBO 프로젝트용 표준계약조건에 관한 연구)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.29-60
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    • 2010
  • The incentive and reasons to publish FIDIC Conditions of Contract for Design, Build and Operate Projects(DBO Form) are manifold. It is partly a response to the increasing need for sophisticated project delivery methods in both the public and private sectors and the already widespread use of the FIDIC Yellow Book with operation and maintenance obligations and partly a response to the challenge to decrease maintenance cost to a minimum by means of a new procurement route. As a result, FIDIC has developed a new model form to meet this market place requirement. On the other hand, FIDIC did not simply adapt the Yellow Book but has developed a new form from it, whilst preserving the style of the already known FIDIC Forms and maintaining the wording where it was not necessary to change it for the purposes of a DBO Form. Moreover DBO Form fills up supposed gaps in other FIDIC Forms and ameliorates the claim management and dispute management framework. FIDIC DBO approach may be shortly summarized as follows. First, DBO Form provides for single project responsibility. Second, DBO Form has the clear objective of ensuring the use of a most reliable and efficient technology at the lowest life-cycle cost. Third, DBO Form is intended to operate as an effective quality increase in the design and construction of projects. Fourth, DBO Form is intended to provide significant benefits with regard to system integration and reduction of risks. Fifth, DBO Form accelerates and enhances completion schedule compliance. Sixth, DBO takes care of all three supporting pillars of sustainability(including economical, environmental and social elements). DBO Form is obviously a good starting point for negotiations and the preparation of calls for tenders, thus saving the parties time and money. However, existing cultural and legal differences, particular local conditions and the particular needs of some branches of the industry may require the form to be adapted according to the particular needs of a project. And Civil law practitioners are strongly recommended to verify carefully the underlying legal concepts and background of each clause of the General Conditions in order to avoid unnecessary and sometimes unnatural changes and amendments being made. Note that when preparing the Particular Conditions ensure that terminology is consistent and that existing inherent concepts should not be ignored.

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Health Behavior and Attitude of Residents toward the National Health Promotion Law in Kyungsan City (지역주민과 건강행태와 국민건강증진법에 대한 인식과 태도)

  • 이관희;박재용;한창현;윤석옥
    • Korean Journal of Health Education and Promotion
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    • v.16 no.2
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    • pp.19-40
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    • 1999
  • In order to ascertain the attitudes of residents to their health and the National Health Promotion Law, surveyors interviewed 1,220 subjects, 1% of men and women in Kyungsan city, who were twenty-year-old or more. The major findings are as follows: Men and women were 48.2% and 51.8%, respectively. The recognition rate of enacting and enforcing this law is 59.2% of men and 51.3% of women. With regard to the behavioral attitude to the health in the distinction of sex and age, current smokers are 31.2% of the interviewees, 61.6% of the men and 3.3% of the women. Current drinkers are 35.1%, 59.5% of the men and 12.3% of the women, but on the other hand there is little significance in the distinction of age. The acknowledgement proportion of enacting and enforcing this law is 59.2% of male and 51.3% of female. In terms of the recognition rate of the contents according to the general characteristics of interviewees, it appears that the indication of a warning expression on a packing paper of cigarette case and a liquor bottle is 92.4% and also the designation of a smoking free area in public facilities is 94.8%. Prohibition of cigarette-sale to the teenagers who are under 19, is 96.0%. Considering these facts, the recognition rate is high. On the contrary, 48.8% is accounted for encouraging a medical check-up before marriage which is in a low position. As a result of multiple behavior as a independent educational level, marital significant variables. In case of having undergone a periodic medical examination the recognition rate was high whereas frequent exercise led to the low recognition rate. Concerning the details of the undertaking in accordance with each factor of general characteristics, the greater part of them have been appraised successfully whether it is recognized or not. On the other side, no effect got answered about the result of the undertaking subjects to general and peculiar behavior attitude towards health was in effect or not. A great majority approved of more reinforcement of legal regulation about smoking and drinking regardless of whether they perceived the details of the law of promotion of National Health Promotion Law or not. Additionally there was significant difference in reinforcing legal regulation of smoking and drinking in compliance with the attitude of the substance of this law. With regard to education, public relations and evaluation about national health through public health centers by our government, the younger and the higher in education they are, the more deficient they feel. First of all, those who were aware of the enforcement of this law as well as plenty of scarcity answered that better service of disease prevention had to be expanded than ever. In consideration of the above-stated results, the education to public health and the business of public relations should be reinforced and a practical campaign for health life should also spread out for the purpose of encouraging to practise healthy life-style.

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Strengthening the Legal Basis for Security Rule to Protect Technology and Trade Secrets for Small Businesses (중소기업의 기술 및 영업비밀 보호에 대한 보안규정의 법적 근거 강화방안)

  • Ahn, Sang Soo;Lee, Jung hun;Son, Seung Woo
    • Korean small business review
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    • v.42 no.1
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    • pp.57-77
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    • 2020
  • In Korea, various schemes have been implemented to prevent the outflow of technology, but they do not bring practical effects. In general, we focus on follow-up measures such as strong punishment in case of violation of the law. In terms of proactive prevention, it is not shown to have any real preventive effect, even though it includes such matters as imposing security measures on companies or conducting a survey. this paper examines the need to strengthen the protection of business secrets by reviewing the employment rules between companies and workers presented in the Labor Relations Act and the Labor Standards Act as a realistic alternative. In most companies, even though the employment rule is the highest standard of private regulations, the employment rule has no matters on the prevention and protection of technology leakage. The employment rules require all employees working for companies to agree and notify in the Labor Standards Act, so it is necessary to reflect them as standards in the standard employment rules because it shows that all employees of the company can have a common sense of security and present legal compliance with security-related documents, such as security pledges and security-related guidelines and procedures.

The Necessity of Establishing the Concept of Route in the Domestic Maritime Legislation (국내 해사법규 상의 항로 개념 정립의 필요성)

  • Gwi-ho Yun;Jang-ho Park
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.30 no.1
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    • pp.65-73
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    • 2024
  • Maritime legislation encompasses a wide range of laws related to the maritime field. A significant number of laws that can be called maritime legislation have been enacted and implemented in domestic legislation. For all types of legislation, including maritime legislation, the meaning of the legal provisions must be clear for those who abide by the law, those who study the law, and those who enforce legislation. Nevertheless, the potential for considerable confusion exists because the definition is not stipulated in relation to the 'Route' specified and regulated in various maritime legislation. Further, the exact meaning of numerous cases is difficult to understand and can be interpreted in various ways. Adding to the confusion is the use of different terms with similar meanings. The maritime field changes and becomes more diverse, and many related maritime legislations are being enacted or amended to reflect this situation. The, authors propose to specify clear route definitions in individual legislation and replace parts that may cause unnecessary misunderstanding with similar terms. The authors believe that the confusion in compliance and enforcement of maritime legislation can be minimized .if these proposals are implemented.

A Study on Prevention of Major Accidents Through Utilization of Fall-Preventing Safety Installations (재해율의 예측에 의한 강구조공사의 중대재해 예방에 관한 연구)

  • 손기상;정경운
    • Journal of the Korean Society of Safety
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    • v.13 no.4
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    • pp.221-229
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    • 1998
  • This study, with a view point to prevent accidents arising from steel structure, construction process, has taken an approach of reviewing related materials and construction safety guidelines, conducting questionnaire surveys and on field surveys. This study has also analyzed and classified accident cases and disclosed elements concerned with those accidents. A comparative analysis of the disclosed elements against the statutory provisions regarding industrial safety and it showed that strict observance of safety rules of the accident prevention measures in industrial safety standards will result in a decrease in accidents. It is concluded, however, that additional accident prevention measures, as suggested below, should be implemented for performing of more practical and positive accident prevention. 1) Thorough review and preparation at pre-working stage at sites : Such elements of fall preventing facilely as supporting ropes and steel fabrications for safety guard rails should be initially reflected on detailed drawings and shop drawings so that they can be installed in advance at fabricating plants. 2) Sets of steel frame stairs for work platform should be installed or secured with priority and temporary installation of such prefabricated platform as scaffolds should be installed in advance with those platform attached to the frame members on the ground whenever possible before they are lifted. 3) A decrease in the rate of accident by more than 10% on Tuesdays and Thursdays, has been shown from the accident analysis so schedule of construction process should consider possible weekday of high risk of accidents such as Tuesday and Thursday. 4) An array of systemized safety activities should be adopted, such as legal installation of safety facilities based on advance safety management plan, maintenance of safety for machinery and construction equipment, and strict compliance of safety rules by workers.

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A Study on the Standard of Document Examination for Letters of Credit Issuing Bank (신용장개설은행(信用狀開設銀行)의 서류검토기준(書類檢討基準)에 관한 연구(硏究))

  • Kim, Young-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.16
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    • pp.35-58
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    • 2001
  • The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 of the UCP500 and 95UCC 5-108. Both articles introduce a standard of document examination to be used by banks to determine whether they comply facially with the terms of the credit. While, in the UCP, this standard is called international standard banking practices, in the UCC, this standard is called standard practices. I think that both standards are not same. Thus, first, this study look for categories of both standards and scope of application. the second subject is how can issuing bank act in the face of non-documentary condtion under this standard of document examination. Third is correlation between the principle of Strice Compliance and the standard.

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A Study on Radio Wave Management Regulations in the United States to Improve the Domestic Radio Wave Management System (국내 전파관리 제도 개선을 위한 미국의 전파관리규제에 대한 연구)

  • Yoon, Chan-Ho;Seok, Gyeong-Hyu
    • The Journal of the Korea institute of electronic communication sciences
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    • v.15 no.3
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    • pp.379-388
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    • 2020
  • The contents and scope of this study are to analyze the problems of the current radio service and radio station classification system, and to investigate the radio wave management cases in the United States to provide a reasonable and efficient radio wave management method. The results of this study can be used as basic data when revising the legal system regarding radio wave enforcement regulations, radio service and radio station classification standards. It is expected that in the future, a detailed commentary on the definition and classification system of new radio / radio stations will be prepared to increase policy compliance in practice, while contributing to enhancing the consistency and efficiency of radio station licensing and inspection.