• Title/Summary/Keyword: Legal Consideration

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A Study in the legal standards of healthcare facilities in Korea, China, and Japan (한국·중국·일본의 의료시설 법적기준과 그 변화 과정에 관한 연구)

  • Cho, Junyoung;Lei, Qingyun;Yang, Naewon
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.26 no.4
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    • pp.39-47
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    • 2020
  • Purpose: Korea, China, and Japan can be seen as a geopolitical community that has developed through various relationships in terms of history. However, nowadays, it seems that they are pursuing different societal goals resulting from the difference in political and social systems, demographic structures, and economic situations. The law provides the minimum standards for people's lives in the direction that the society pursues. Therefore, the aim of this study is to examine the architectural differences in medical facilities and their causes comparing the legal standards of medical facilities in Korea, China, and Japan. Methods: The subject of the study is Korea, China, and Japan's legal standards of facilities corresponding to the Korean medical service act; enforcement decree of medical service act; and enforcement rules of medical service act. The scope of the study is as follows: First, the facilities standards and the reason for the revision of the standards after the 1950s when the current system of each country was established are investigated and thus the changing trends of the facilities standards that each country has pursued are analyzed. Second, the range and level presented by the current facilities standards of each country are compared and the differences are analyzed. Finally, cases in which the differences in the legal facilities standards are reflected in the actual design are compared and the effect of the facilities standards of medical facilities on the architectural plan is identified. Results & Implications: Each country differs in the legal standards of facilities because of changes in demographic structure and experience of disease. Moreover, it is identified that differences in social operating systems, especially in the operating methods of medical facilities, affect the range and level enforced by the facility standards. When investigating and researching foreign standards of facilities and cases for foreign medical facilities, it is required that they should be analyzed in consideration of the social and cultural aspects of each country.

A Legal Consideraton of License and Certified Qualification of Paramedics (응급구조사의 자격과 면허에 대한 소고)

  • Kang, Sun-Joo
    • The Korean Journal of Emergency Medical Services
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    • v.15 no.2
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    • pp.5-14
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    • 2011
  • Purpose: The aim of this study is to identify the legal concept of a license and a qualification for health care personnel. We analyze the appropriateness of the qualification for the first-class paramedics and the sufficiency of 3-year job experience in substitution for college level academic major. Method: We reviewed Laws on Healthcare which stipulate academic and career qualifications for healthcare personnel for whom college-level academic training and job experience to get a license. Results: There is no legal consideration which permits major and educational background substituted by job experience. Only third-class hygienist who graduated from a high school or the equivalent with 3 year job experience can apply for first-class hygienist' national license examination without educational requirements. However, it is nothing to compare with first-class paramedics because the work of hygienist is not directly related to patients care and there is no need of doctor's supervision for hygienist' job. Paramedics have a major role in saving emergency patients in making prompt decision, applying appropriate emergency treatment, securing intravenous route, managing intubation, applying defibrillator, and etc. Conclusion: Ministry of Health & Welfare should grant license to paramedics and annul replacement of academic major background. In addition, it is imperative to broaden the scope of paramedics' job so that they can guarantee patient's life saving in emergency situation with quality major curriculum of college level.

A Study on the Several Issues of Electronic Commerce (전자상거래(電子商去來)를 둘러싼 제문제(諸問題)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.7-37
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    • 1999
  • Electronic Commerce is the new type of business transaction, which sells and advertises the products and services by using the Internet, which is used by more than 500,000,000 people in the worldwide and is spread rapidly to the world. There are no limitations in cyberspace, for example, time, space, and country boundary because every business can be processed in this cyberspace. The use of modern means of communication such as electronic mail and electronic data interchange for the conduct of international trade transactions has been increasing rapidly and is expected to develop further as technical supports such as information highways and the Internet become more widely accessible. However, the communication of legally significant information in the form of paperless messages may be hindered by legal obstacles to the use of such messages, or by uncertainty as to their legal effect or validity. This obstacles pose many difficulties for conducting EC through Internet. The purpose of this thesis is to suggest several issues to be taken into consideration in conducting EC in near future. For this purpose, the article will first take up subjects of what is the present state of EC, what are the legal issues emerging therefrom.

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Network security and legal protection of the Criminal (네트워크보안의 형사법적 보호)

  • Kim, Hyung-Man
    • Journal of Digital Convergence
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    • v.9 no.3
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    • pp.11-19
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    • 2011
  • The spread of computer and network gets various social and economic activities done quickly and efficiently. As a result, it makes a crime using network easy and increases the vulnerability of a social system. As there is a crime as a social being, we need to give careful consideration to the crime occurring in virtual space. Accordingly, the purpose of this paper is to investigate the regulatory need of the Criminal Procedure concerning the network security issues as the new legal and regulatory space that begins to be realized from the late of 20th century because of the extent of social threat. Above all, we addresses whether the amendment of existing legal regulations is necessary, based on the special characteristics of the virtual space.

A Proposal of the Comprehensive 'Aging in Place' Support Institution through the Analysis of the Legal System and Recognition Survey of the Elderly Housing Modification (국내의 노인주거 개조 지원 관련 법제도 현황 및 인식조사를 통한 Aging in Place 종합지원기관 도입 필요성 제안)

  • Kim, Mi-ran;Lee, Kyung-Hoon
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.34 no.10
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    • pp.75-82
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    • 2018
  • This study suggests the general support center with comprehensive services for the elderly. In general, the modifications of the elderly housing have a direct influence on the "Quality of life" and "Aging in place" for the elderly. But until now, the elderly housing modification has been carried out separately on the elderly welfare category. It is very inefficient and inconvenient for the elderly. Therefore, it is necessary to have a comprehensive organization that includes the implementation of modifications. To provide reasons for this insistence, this study analyzed the previous research, legal system guidelines, and others related things. And it researched the perception of the comprehensive institution and the need for housing modification through the recognition survey of the elderly and the early elderly. The study found that the current domestic legal system does not have an integrated system to carry out the entire process of applying and implementing the elderly housing modification. On the other hand, the results of the survey showed that the elderly hoped to introduce a comprehensive and user-friendly institution for housing modification.

Intellectual Property Disputes in the Era of the Metaverse: Complexities of Cross-Border Justice and Arbitration Consideration

  • Kye Hwan Ryu;Choong Mok Kwak
    • Journal of Arbitration Studies
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    • v.33 no.3
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    • pp.147-175
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    • 2023
  • The emergence of the metaverse, a complex three-dimensional virtual environment, has led to significant changes in the intellectual property (IP) landscape. This paper examines the challenges and legal intricacies of IP within the virtual realm, focusing on the unprecedented nature of these disputes and on the inadequacies of traditional jurisdiction methods. Drawing from international frameworks, including the International Law Association's Guidelines and WIPO's guides, the study critically explores arbitration as an alternate approach to metaverse IP disputes, analyzing its complexities and applicability. The paper further delves into challenges arising from diverse protection laws that pertain to the global nature of the metaverse, including the nuances of various digital assets like NFTs. By assessing jurisdictional difficulties, the paper addresses the adoption of decentralized justice platforms, and examines the role of Alternative Dispute Resolution (ADR) methods, this paper presents a comprehensive view of the evolving virtual legal field. It suggests that while innovative methods are emerging, traditional arbitration will likely remain the preferred choice for complex disputes, offering a balance of speed, cost-effectiveness, and legal robustness within the virtual world.

The Citizen Advisory Model for E-Government Service

  • Varavithya, Wanchai;Esichaikul, Vatcharaporn
    • 한국디지털정책학회:학술대회논문집
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    • 2004.11a
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    • pp.233-246
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    • 2004
  • This paper proposes a design of a citizen advisory model under the consideration of the unique characteristics of the government, namely complex structure of goals, predominance by laws, knowledge driven organization, and the good governance objectives. The legal knowledge-based technology is explored with the aims to facilitate citizens in accessing e-government services in five phases: search, intake, decision-making, explanations, and objection and appeal phases. The design of the citizen advisory model consists of four components: specific service advice, customized form fill-in service, decision-making services, and a statement of reasons service. The prototype of the citizen advisory model is illustrated using the Thai Anti Dumping and Countervailing Act 1999 as a legal domain and e-government services example.

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The Connection System through Environmental Analysing Factor-Plan Element-Control Element-Valuation Index to Improve the Sustainability in Ecological Housing Estate (생태주거단지의 지속가능성제고를 위한 계획요소-제어요소-평가지표 연계시스템 (에너지 계획분야를 중심으로))

  • Seo, Dong-Koo;Oh, Deog-Seong
    • Journal of the Korean Society of Industry Convergence
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    • v.11 no.2
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    • pp.49-58
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    • 2008
  • This study aims to identify the structure and system to make close relationship among planning elements, legal regulation and evaluation index toward sustainable development in the ecological housing estate. Through these close relationships the ecological housing estate could get more sustainability. With this consideration, this study consists of following three parts. First, we review the key issues of sustainability in ecological housing which are focused on the energy-efficient planning. Second, we extract the planning elements, legal regulation and evaluation index using the qualitative system dynamics that is found out all phenomenons from viewpoint of closed loop thinking and circular feedback system. Third, we analyse the correlationship among them in terms of energy efficient planning in the ecological housing estate. Finally, we summarize the findings toward sustainability in ecological housing estate through these analysis.

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Improvement Plan for Apartment Remodeling (공동주택 리모델링 보편화를 위한 개선방안 연구)

  • Kim Jong-Kook;Park Young-Min;Cho Young-Jun
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2005.11a
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    • pp.133-136
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    • 2005
  • While reconstruction has been criticized since 1990 for its tendency of resource over-usage and negative impact on the surrounding environments, remodeling has begun drawing attention as its new alternative. Through examining the recent legal and systematic conditions such as Construction Law, Common Housing Administration Ordinance, and Housing Law, etc. this research analyzes problems on the current legal systems on remodeling, and it aims to suggest systematic and policy-driven schemes which could revitalize remodeling on its software and hardware sides. Careful consideration in regards to remodeling should be given from the initial design stage and throughout the maintenance stages of construction to achieve lengthy durability of buildings, and realization of long-term maintenance costs should also be pursued during this process. This will set in place the practice of remodeling in longer than 50-years intervals since the construction rather than the current 20 or 30 years.

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Patient's 'Right Not to Know' and Physician's 'Duty to Consideration' (환자의 모를 권리와 의사의 배려의무)

  • Suk, HeeTae
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.145-173
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    • 2016
  • A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

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