• Title/Summary/Keyword: Legal Nature

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A Study on the Improvement of Legislation on Management of Compound Coastal Disasters (해안가 복합재해 관리를 위한 법률 현황 및 개선방향)

  • Jang, Ahreum;Kim, Sunhwa;Lee, Moonsuk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.7
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    • pp.845-857
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    • 2020
  • Compound coastal disasters are a type of natural disaster featuring both internal and external flooding due to rises in sea-level, torrential rains, typhoons, and tsunamis. The, incidence and scale of damage from such disasters is increasing. This aim of this study was to review the current laws and systems managing the phenomenon of the coastal complex disaster, and to derive recommendations for improvements to manage and prevent them. In this study, the Framework Act on the Management of Disasters and Safety, the Countermeasures against Natural Disasters Act, the National Land Planning and Utilization Act, the Coast Management Act, the River Act, and the Sewerage Act were reviewed, with focus on the district-zoning system designated by ministries for the management of natural disasters along the coast. Through a comparison of the purpose and nature of the laws, spatial scope, and management resources, it was judged that it would be desirable to comprehensively manage compound coastal disasters based on the Countermeasures Against Natural Disasters Act. In order to overcome the limitations of the current system and to derive specific measures to improve laws and systems, a questionnaire survey on detailed factors was conducted targeting experts in natural disaster management. The results indicated that it is necessary to improve the current system or introduce a new system for the management of coastal complex disasters, with integrated management of land and sea areas through the installation and operation of integrated decision-making governance by related ministries such as MOIS, MOLIT, MOF, and ME.

A Brief Study on the Scope of National Health Insurance Service's Subrogation to the Insured owing to Claim for Damages (국민건강보험공단의 가입자 손해배상채권 대위 범위에 관한 소고: 대법원 2021. 3. 18. 선고 2018다287935판결 중심)

  • Jeon, Byeong-Joo;Han, Hye-Sook;Park, Mi-Sook
    • The Journal of the Korea Contents Association
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    • v.21 no.8
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    • pp.305-314
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    • 2021
  • According to the recent judgment of Supreme Court, in case when the National Health Insurance Service pays the insurance to a victim of torts, and then subrogate the victim's claim for damages, the scope of institution's subrogation should be limited to the amount of the assailant's responsibility rate of the institution charge, and the amount of compensation claimed by the victim to the assailant should be calculated in the method of contributory negligence after deduction. The court has judged that the institution could subrogate the whole amount of institution charge in the limit of assailant's damages, and the method of deduction after contributory negligence should be applied when calculating the assailant's damages to the victim. Supreme Court decision is greatly significant in the aspect of harmonizing the nature of health insurance as property right and social insurance as the beneficiaries could get additional supplement, and also seeking the balance between insurer and beneficiary. With the changed legal principles of Supreme Court in the scope of institution subrogation like this, the necessities to complement the litigation relation, legislation, and institution were suggested.

Korean Traditional "SIMMEMANI (Wild Ginseng Expert Digger)" Culture (한국 전통 심메마니 문화에 대하여)

  • Koh, Seungtae
    • Journal of Ginseng Culture
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    • v.4
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    • pp.59-102
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    • 2022
  • Since there were only few countries that could find wild ginseng grown in nature, the culture of digging wild ginseng was only developed in a small number of countries. In a time when the orthodox head-Simmemani has disappeared, the tangible and intangible culture of Simmemani (wild ginseng digger) is disappearing more and more with the passage of time. So far, the conducted research on wild ginseng diggers was very partial and simplistic as follows: ① Research on the argot of Simmemani, ② Research on the customs of Simmemani, ③ Research on the change of customs of Simmemani, ④ Additional records through interview with Simmemani. Accordingly, no comprehensive study on the Simmemani culture has been done yet. This study supplements the historical materials that were not reflected in previous studies, and discuss on diverse subjects including the definition and classification of wild ginseng, the distribution of wild ginseng and Simmemani, interpretation of wild ginseng digging from a legal and social point of view, the organization responsible for the digging, determination of the date of entering the mountain, preparations, taboos, departure and entry into a mountain, religious events, psalmbook, dream interpretation, search and discovery of wild ginseng, digging, profit sharing, the amount of harvested wild ginseng, and the price of wild ginseng. In addition, Korean wild ginseng digging culture was comprehensively studied by attaching the photos and illustrations of historical documents with the psalmbook of the head-Simmemani.

Animal Welfare from the Perspective of the Grievance-Resolution of Animals (동물해원 관점에서의 동물복지)

  • Kim, Jin-young;Lee, Young-jun
    • Journal of the Daesoon Academy of Sciences
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    • v.37
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    • pp.229-262
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    • 2021
  • The debate on the treatment of animals has accelerated as a social issue in the West since the 1970s. In 1975, Peter Singers argued in his book, Animal Liberation, that speciesism should be banned. This led to an explosion in research on animal welfare in the philosophical and social sciences. Following Singer, Tom Regan suggested considering the animal rights as being on the same level as human rights. Their arguments were that animals should be imbued with some intrinsic weight sufficient enough to remind humans of their social responsibility to animals at least to a certain degree. In this regard, social responsibility for animal welfare as well as animal rights has formed an axis that organizes human morality in modern society. Such arguments regarding animal welfare can be perceived as an active and creative effort which accords with the free will of human beings who in Daesoon Thought are understood as facing the era of human nobility. This argumentation also aligns with the doctrine of grievance-resolution for mutual beneficence as a practical creed due to the way in which modern bioethics implies that animal welfare could become a practical communal morality integrated into legal systems prior to adoption as a system of individual morality. From within this context, this study discusses the nature and limits of modern animal welfare and animal rights from the perspective of the grievance-resolution which Kang Jeungsan promised to animals.

Study on Activating a Sustainable Carbon-neutral Community through Resident Participation based on the Evaluation of Changwon City's Carbon-neutral Village Project (창원시 탄소중립마을 사업평가를 통한 지속가능한 주민참여형 탄소중립마을 활성화 방안 연구)

  • Yu Mi Jang;Sung Jun Lee
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.3
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    • pp.569-577
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    • 2023
  • This study selected seven carbon-neutral villages, considering the characteristics of each region, including all five administrative districts of Changwon City, and proposed activation plans based on business evaluations through surveys of local residents and FGIs with leaders. The analysis showed that carbon-neutral education was the most important factor for activating carbon-neutral villages, with a response rate of 91.9% for 17 multiple-choice questions, followed by legal (ordinance) arrangements at 79.3% and village organization building at 74.1%. Based on this, the following activation plans through the participation of residents who are involved in the project of creating a carbon-neutral village in Changwon City were proposed. First, the characteristics of each carbon-neutral village model were classified into a resource circulation-based model, an environmental creation-based model, an environmental education and experience event-based model, and an energy efficiency-based model. Second, it is necessary to create and present carbon-neutral village growth stage guidelines for the growth of carbon-neutral villages. Third, manuals and teaching materials related to carbon neutrality, such as theories, issues, and practices, need to be produced and distributed for leaders and activists to easily apply and access for self-government operation of the village. Finally, if a carbon-neutral support center that is legally installable in Changwon City is established, it is expected that the lives of local residents will become more sustainable for carbon-neutral living in preparation for climate crises.

Non Face-to-Face Treatment and Not-informed Medication to Persons with Mental Disorders (정신질환자에 대한 비대면진료 및 비고지투약 -치료적 대화의 복원을 위한 모색적 고찰-)

  • Jung, Sangmin
    • The Korean Society of Law and Medicine
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    • v.25 no.1
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    • pp.149-192
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    • 2024
  • People with mental illness are generally either unaware of their illness or unwilling to voluntarily seek treatment, which makes treatment difficult and the pain mainly passed on to their families. Accordingly, non-face-to-face treatment, in which the patient is diagnosed by interviews with the family and unannounced medication, in which medication is secretly administered through the family, can be performed, and this has been considered a necessary evil. Even considering realistic aspects such as the special nature of mental health care and families' suffer, not-informed treatment without consent violates not only medical laws, but also human rights of mentally ill patients. Above all, if the patient finds out about this late, the trust between the patient, family, and doctor is completely broken, and a treatment is absolutely refused. Japan's Chiba decision, which presents exceptional conditions for allowance might be a solution. However, it would not be a right solution, considering that it could lead to long-term unannounced medication and completely cut off treatment through therapeutic dialogue. Ultimately, it need to approach this problem and seek alternatives through restoration of therapeutic dialogue.

Factors Affecting the Intention to Adopt Self-Determination Rights of Personal Medical Information (개인의료정보 자기결정권 행사 의도에 영향을 미치는 요인)

  • Yunmo Koo;Sungwoo Hong;Beomsoo Kim
    • Information Systems Review
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    • v.20 no.1
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    • pp.159-177
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    • 2018
  • With an extensive proliferation of information and communication technology, the volume and amount of digital information collected and utilized on the Internet have been increasing rapidly. Also on the rapid rise are side effects such as unintended breach of accumulated personal information and consequent invasion of personal privacy. Informational self-determination is rarely practiced, despite various states' legal efforts to redress data subjects' damage. Personal health information, in particular, is a subcategory of personal information where informational self-determination is hardly practiced enough. The observation is contrasted with the socio-economic inconvenience that may follow due to its sensitive nature containing individuals' physical and health conditions. This research, therefore, reviews factors of self-determination on personal health information while referring to the protection motivation theory (PMT), the long-time framework to understand personal information protection. Empirical analysis of 200 data surveyed reveals threat-appraisal (perceived vulnerability and perceived severity of threats) and coping-appraisal (perceived response effectiveness), in addition to individual levels of concern regarding provided personal health information, influence self-determination to protect personal health information. The research proposes theoretical findings and practical suggestions along with reference for future research topics.

Constitutional Issue Review of Compensation for Inevitable Medical Accidents During Delivery (불가항력 의료사고 보상사업에 대한 헌법적 쟁점 검토)

  • JUN, HYUN JUNG
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.153-185
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    • 2020
  • In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

A Study on the Planning of Nationwide Indexing Services for Korea (전국색인지간행협동체제 편성방안에 관한 연구)

  • Choi Sung Jin
    • Journal of the Korean Society for Library and Information Science
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    • v.12
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    • pp.39-86
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    • 1985
  • The main purpose of the present study is to survey the major iudexing bulletins of national nature in Korea, to define such problem areas as lacunae, duplicates and limitation in coverage in the indexing services currently available in Korea, and to make some suggestions for action for improving the existing indexing services in the light of general principles and the tradition and constraints unique to Korea. The major findings and conclusions reached at this study are summarised as follows: (A) A new indexing bulletin of general nature covering the entire field needs to be created in each of the following fields without an established indexing service available for the outcome of research and development activities in Korea. (1) Philosophy (2) Religion (3) Pure sciences (4) Art (5) Language (6) Literature (7) History (B) A new specialised indexing bulletin needs to be created in each of the following fields where indexing services are heavily utilised but no, or only partial, indexing service is available. (1) Social sciences (a) Statistics (b) Sociology (c) Folklore (d) Military science (2) Pure sciences (a) Mathematics (b) Physics (c) Chemistry (d) Astronomy (e) Geology (f) Mineralogy (g) Life sciences (h) Botany (i) Zoology (3) Applied sciences (a) Medicine (b) Agriculture (c) Civil engineering (d) Architectural engineering (e) Mechanical engineering (f) Electrical engineering (g) Chemical engineering (h) Domestic science (C) Publication of the indexing bulletins suggested in A and B above may be ideally carried on by a qualified and dependable learned society established in the respective fields and designated by the Minister of Education, and should be financially supported from the public fund under the provisions of Art. 27 of the Scientific Research Promotion Act of 1979. (D) The coverage and contents of the four indexing bulletins in the field of banking and financing published by the Library of the Bank of Korea are similar and considerably duplicated. It is, therefore, suggested that the four indexing bulletins are combined in one to form a more comprehensive and efficient bibliographical tool in the field and it is further developed into a general guide to the literature produced in the entire field of economics in Korea by gradually expanding its subject coverage. (E) For the similar reasons stated in D, the Index to the Articles on North Korea and the Catalogue of Theses on North Korea, both publisheds by the Ministry of Unification Library, are suggested to make into one. The Index to the Articles of the Selected North Korean Journals and the Index to the Articles of the North Korean Journals in Microfilm Housed in the Ministry of Unification Library, both published by the same Library, are also suggested to be combined in one. (F) The contents of the Catalogue of the Reports Submitted by Government Officials Who Have Travelled Abroad, published by the National Archives are included in the Index to the Information Materials Related to Government Administration, published by the National Archives. The publication of the former is hardly justified. (G) The contents of the Index to Legal Literature published by the Seoul National University Libraries and those of the Law Section of the Index to Scholastic Works published by the National Central Library are nearly identical. One of the two indexes should cease to be published. (H) Though five indexes are being published in the field of political science and four in the field of public administration, their subject coverage is limited. Naturally, these indexes are little usable to many other researchers in the two fields. A comprehensive index covering all the specialised areas in each field needs to be developed on one or all the existing indexes. (I) It is suggested that the Catalogue of the Scholastic Works on Curricula published by the National Central Library expands its subject coverage to become a more usable and effective index to all the researchers in the field of education. (J) The bimonthly Index to Periodical Articles and the specialised index by subject series published by the National Assembly Library, and the Index to Scholastic Works published by the National Central Library are expected to increase their coverage and frequency of publication to be used more effectively and more efficiently by all users in all fields till the indexing bulletins suggested in this study will fully be available in Korea.

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A Study on Seeking a Multilateral Cooperation Framework for the Inter-Korean Exchange of Intangible Cultural Heritage - Through a Multinational Nomination of a Representative List of Intangible Cultural Heritage of Humanity - (남북 무형유산 교류 협력의 다자간 협력 틀 모색 - 유네스코 인류무형문화유산 남북 공동 등재 사례 -)

  • Kim, Deoksoon
    • Korean Journal of Heritage: History & Science
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    • v.52 no.3
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    • pp.252-269
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    • 2019
  • Since the inauguration of the Kim Jong-un regime in 2012, the safeguarding and management system of cultural heritage in the Democratic People's Republic of Korea (DPRK) has been changing to a form similar to that of a democratic country's legal system. In addition, the National Authority for the Protection of Cultural Heritage (NAPCH) has continuously recorded and cataloged intangible cultural heritage elements in the DPRK, listing Arirang, kimchi-making, and ssireum on the UNESCO Intangible Cultural Heritage Representative List. In particular, the multinational nomination of ssireum in October 2018 is symbolic in terms of inter-Korean exchanges and cooperation for peace and reconciliation, raising expectations for the further multinational nomination of the two Koreas' intangible cultural heritage. Currently, South Korea lists 20 items on its Representative List of the Intangible Cultural Heritage of Humanity, three of which are shared by various countries with multinational nominations such as falconry, tug-of-war, and ssireum. However, when comparing the process of applying for multinational nomination in the three elements that follow, it is necessary to discuss whether these cases reflect the nature of multinational nomination. In particular, in the case of ssireum, without a working-level consultation between the two Koreas to prepare an application for a multinational nomination, each applied for a single registration; these applications were approved exceptionally as a multinational nomination by the Intergovernmental Committee under the leadership of the Secretary-General of UNESCO, and no bilateral exchanges have taken place until now. This is symbolic, formal, and substantially similar to the individual listings in terms of the spirit of co-listing on the premise of mutual exchange and cooperation. Therefore, the only way to strengthen the effectiveness of the multinational nomination between the two Koreas and to guarantee the spirit of multinational nomination is to request multilateral co-registration, including the two Koreas. For this, the Korean government needs a strategic approach, such as finding elements for multilateral co-listing; accumulating expertise, capabilities, and experience as a leading country in multilateral co-listing; and building cooperative governance with stakeholders. Besides, to reduce the volatility of inter-Korean cultural exchanges and cooperation depending on political situations and the special nature of inter-Korean relations, measures should be taken toward achieving inter-Korean cultural heritage exchanges and cooperation under a multilateral cooperation system using UNESCO, an international organization.