• Title/Summary/Keyword: Legal Regulation

Search Result 490, Processing Time 0.024 seconds

Rules in Disarray, Orientation Imposed: Establishment of the Framework Act on Science and Technology, 1998-2015 (분열된 규정, 일관된 방향 : 과학기술기본법의 제정과 그 결과, 1998-2015)

  • YOO, Sangwoon
    • Journal of Science and Technology Studies
    • /
    • v.19 no.2
    • /
    • pp.41-83
    • /
    • 2019
  • Recently, the establishment of the Special Act on National Research and Development(tentatively named) has been discussed with the aim of providing a legal basis for the comprehensive management of national research and development programs, which have thus far been independently implemented by government ministries. This paper analyzes the legislative process of the Framework Act on Science and Technology(hereafter, the "Framework Act") introduced for a similar purpose in 2001. By examining who had proposed various versions of the legislation prior to the enactment of the Framework Act, and which draft bill was derived ultimately through controversies, this paper will present the following two arguments: First, the obsession with a single regulation that can be applicable to all national research and development programs may lead to unintended consequences, given that the history of national research and development programs, each of which has been implemented by different government ministries, is quite long. Second, the Framework Act has an impact to date while it consistently internalizes the very unique orientations, as the concepts of "national competitiveness" and "national innovation system" postulate, even though it failed to establish an integrated rule. The case of the Framework Act will be a window through which one can glimpse how the present debate on the enactment of the Special Act on National Research and Development shall proceed, and further, reflect on the issues that were overlooked.

Study on Legal Regulations for Utilization of Drone in Private Security (민간경비에서 드론 활용과 법적 규제에 관한 연구)

  • Kim, Kye Won;Seo, Jin Seok
    • Convergence Security Journal
    • /
    • v.17 no.5
    • /
    • pp.163-178
    • /
    • 2017
  • Recently, drone applications have been expanded not only in the military and security fields but also in daily life such as commercial and sports, and there is also a growing interest in using drone for private security work. This study focuses on the discussion on the use of drones in private security, drones regulation in the related laws such as the Private Security Act and the Aviation Safety Law, and major issues in accepting the Private Security Act. First, it focuses on the scope of private security work as defined by the Private Security Act, focusing on the use of drones as surveillance, information gathering, guidance and warning services, evacuation services, search and related material transport services, respectively. Second, the related laws for the use of drones in private security work include the Private Security Act and the Aviation Safety Act. However, the Private Security Act does not prescribe the current drones and the use of drones is regulated by Aviation Safety Act. Third, it is necessary to adjust the qualifications and authority range of security guards in the Private Security Act, to accept the drones as a type of security equipment, and to consider how countermeasures against threat types using drones should be accepted in the Private Security Act.

Problems of Applying Information Technologies in Public Governance

  • Goshovska, Valentyna;Danylenko, Lydiia;Hachkov, Andrii;Paladiiichuk, Sergii;Dzeha, Volodymyr
    • International Journal of Computer Science & Network Security
    • /
    • v.21 no.8
    • /
    • pp.71-78
    • /
    • 2021
  • The relevance of research provides the necessity to identify the basic problems in the public governance sphere and information technology relations, forasmuch as understanding such interconnections can indicate the consequences of the development and spreading information technologies. The purpose of the research is to outline the issues of applying information technologies in public governance sphere. 500 civil servants took part in the survey (Ukraine). A two-stage study was conducted in order to obtain practical results of the research. The first stage involved collecting and analyzing the responses of civil servants on the Mentimeter online platform. In the second stage, the administrator used the SWOT-analysis system. The tendencies in using information technologies have been determined as follows: the institutional support development; creation of analytical portals for ensuring public control; level of accountability, transparency, activity of civil servants; implementation of e-government projects; changing the philosophy of electronic services development. Considering the threats and risks to the public governance system in the context of applying information technologies, the following aspects generated by societal requirements have been identified, namely: creation of the digital bureaucracy system; preservation of information and digital inequality; insufficient level of knowledge and skills in the field of digital technologies, reducing the publicity of the state and municipal governance system. Weaknesses of modern public governance in the context of IT implementation have been highlighted, namely: "digitization for digitalization"; lack of necessary legal regulation; inefficiency of electronic document management (issues caused by the imperfection of the interface of reporting interactive forms, frequent changes in the composition of indicators in reporting forms, the desire of higher authorities to solve the problem of their introduction); lack of data analysis infrastructure (due to imperfections in the organization of interaction between departments and poor capacity of information resources; lack of analytical databases), lack of necessary digital competencies for civil servants. Based on the results of SWOT-analysis, the strengths have been identified as follows: (possibility of continuous communication; constant self-learning); weaknesses (age restrictions for civil servants; insufficient acquisition of knowledge); threats (system errors in the provision of services through automation); opportunities for the introduction of IT in the public governance system (broad global trends; facilitation of the document management system). The practical significance of the research lies in providing recommendations for eliminating the problems of IT implementation in the public governance sphere outlined by civil servants..

Restricted Use of Contingent Workers and the Factors of Shift from Contingent to Standard Workers in Brazil (브라질 비정규노동의 제한적 활용과 정규직화 요인)

  • Jeong, Heung-Jun
    • Korean Journal of Labor Studies
    • /
    • v.19 no.1
    • /
    • pp.213-260
    • /
    • 2013
  • This study pays attention to the restricted use and the possibility of standard position of contingent workers in Brazil. The labor market of Brazil has been developed by formal and informal labor sector, and informal sector includes various precarious workers as well as contingent workers. According to Brazilian Statistics Department, not contingent workers but informal labor focused in this paper have been slowly decreased since year 2000. In this context, this study investigated on the reasons of decreasing contingent employment in Brazil. The results demonstrate that decreased informal employment and instead increased standard workers could not be interpreted by recent the Braizil's economic boom. Along with literature review, the author conducted the case study regarding employment of contingent workers at six large foreign companies in Sao Paulo. The results of this show that the use of contingent employment was prohibited in regular daily works by the labor law and thus firms employed contingent workers in only temporary positions. Further, firms often promise standard positions for contingent workers when temporary employment contract was terminated since there is little or no exist of the differences of wage between standard and contingent worker in terms of 'same work same wage' and 'minimum wage'. In here, labor unions play a key role in employment change from contingent position to standard job. Consequently, decreasing of contingent workers and stepping stone to regular jobs seems to be triggered by both legal regulation on contingent employment and strong unions. This institutional perspective may extend the theoretical view on the use of contingent workers, and the author discuss that Brazil's case could provide practical implications to Korean labor policy.

A study on the risk assessment system for the harmful marine species: the legal problems and solutions (유해해양생물 위해성평가 제도의 문제점 및 개선방안 연구)

  • Lee, Chang Su;Moh, Youngdawng
    • Korean Journal of Environmental Biology
    • /
    • v.38 no.4
    • /
    • pp.691-704
    • /
    • 2020
  • The Ministry of Oceans and Fisheries has designated 17 species as harmful marine organisms with the purpose of managing harmful marine species that threaten health and property. In designating and managing harmful marine species, detailed and effective regulations were originally established in November 2015, and a minor amendment of the directive was published in 2019 - Directive on Designating and Managing Marine Ecosystem Invasive Species and Harmful Marine Species (hereinafter, the Directive). Thus, this study had two aims: Firstly, to increase public awareness of the harmful marine species management system run by the Ministry of Oceans and Fisheries via description of the present harmful marine species risk assessment system. Secondly, to improve the current risk assessment system by providing policy suggestions developed through review of the present harmful marine species designation and management system. In so doing, this study reviewed the 'harmful marine species - harmfulness risk assessment system' in both the definitions of "risk" and "assessment". As a result, the present definition of 'risk' adequately fulfills the policy aims on the Regulation of Marine Ecosystem, which includes an economic value. However, it seems that there is a loophole in the rules of risk assessment, lacking terms of reference in the definition of "risk". Moreover, with regards to risk assessment, a quantitative risk assessment system was sufficient but lacked elements of qualitative risk, suggesting future research in this area may prove useful in the management of harmful marine species.

A Survey on the Recognition of Rehabilitative Robots for Therapy and Self-Efficacy in University Students Enrolled in the Department of Physical Therapy (물리치료학과 학생들의 재활로봇에 대한 인식도와 자기효능감 조사)

  • Kim, Tae-Ho;Kim, Da-Hyeon;Kim, Se-Yeon;Park, Ha-Yeoung;Lee, Eun-Kyung;Jung, In-Seon;Chun, Ji-Youn;Kim, Min-Hee
    • PNF and Movement
    • /
    • v.19 no.1
    • /
    • pp.115-125
    • /
    • 2021
  • Purpose: This study aimed to investigate basic data on the recognition of rehabilitation robots and self-efficacy through general characteristics of students in the department of physical therapy. Methods: This study surveyed 100 students in the Department of Physical Therapy at E University in Seongnam using Google Form, an online survey tool. The questionnaire consisted of 64 questions including 15 questions on general characteristics, 13 questions regarding recognition of rehabilitative robots, and 36 questions about self-efficacy. General self-efficacy consisted of three sub-factors: confidence, self-regulation efficacy, and task difficulty preference. Results: The recognition of rehabilitative robots according to general characteristics showed significant differences in age, level of education, and experience in searching rehabilitative robots; according to general characteristics, self-efficacy showed significant differences dependent on age and gender (p < 0.05). In addition, recognition of rehabilitation robots for students in the Department of Physical Therapy was found to have a significant effect on robot use self-efficacy (p < 0.05). Conclusion: There were significant differences in the scores of rehabilitation robot recognition and self-efficacy according to the general characteristics of students in the Department of Physical Therapy. For such reasons, it is important for students to have an opportunity to get educated on rehabilitation robots; in order to achieve this goal, domestic studies on rehabilitation robots must be actively conducted. The technological development of rehabilitation robots and the establishment of a system for domestic rehabilitation robots from both social and legal standpoints were found to be necessary based on a volume of domestic research.

Study on the Justifiable Reasons for Medical Refusal (의사의 진료거부의 정당한 사유에 관한 고찰 -최근 일본의 논의를 중심으로-)

  • Lee, Eol
    • The Korean Society of Law and Medicine
    • /
    • v.21 no.3
    • /
    • pp.117-144
    • /
    • 2020
  • In accordance with Article 15 of the Medical Law, medical personnel in Korea cannot refuse treatment of a patient unless there is a justifiable reason, and violation of this obligations is subject to criminal penalties. Japan also stipulates the same content in the law. However, this violation of obligations in Japan is not subject to criminal penalties, and is used as a judgment element of the liability for damages of doctors only in the case of damage to the patient. However, in both countries, it is difficult to interpret and apply the law because the regulation is a little ambiguous. In particular, the key is to find out what is the justifiable reason for the doctor to refuse treatment of the patient. Recently, Japan has completed the work of re-examining the discussion on medical refusal from a modern perspective in terms of improving the excessive working environment of doctors. On the other hand, in Korea, it is not clear in what cases it is possible to refuse treatment. because there is a lack of systematic discussion on medical refusal. Rather, unnecessary misunderstandings and controversies have resulted in the loss of trust between patients and doctors. In Korea, there is already a legal right for a doctor to reject it according to his religious beliefs or conscience in the implementation of the suspension of life-sustaining treatment decisions. And in the case of an abortion, debates are underway that doctors should be given the right to refuse it. This study introduces the current state of discussion in Japan, and examines the issues surrounding medical refusal in Korea. It is hoped that this study will facilitate further discussions on the medical refusal.

Necessity of revision of the mandatory medication guidance regulation under the Pharmaceutical Affairs Act (약사법상 복약지도의무 규정의 개정 필요성)

  • Dawoon Jung
    • The Korean Society of Law and Medicine
    • /
    • v.24 no.2
    • /
    • pp.119-145
    • /
    • 2023
  • The Pharmaceutical Affairs Act stipulates medication counseling as an obligatory requirement in the case of preparation of medicine. In fact, there are many cases where pharmacists only tell patients the dose and time and do not properly guide them on taking medications. However, in light of the current situation where non-face-to-face treatment is being attempted, there is a high possibility of drug-taking accidents due to insufficient medication guidance. In addition, as an aging society progresses, the need for explanations on pharmaceuticals is increasing. If a pharmacist causes damage to a patient by failing to give appropriate medication guidance, the patient can claim compensation for damages. In addition, if a drug accident occurs due to a conflict between the pharmacist's duty to guide medication and the doctor's duty to explain, a joint tort is established between the pharmacist and the doctor. Nevertheless, there are cases in which only doctors are judged to bear the tort liability. However, the Pharmaceutical Affairs Act includes providing information for the selection of over-the-counter drugs in the medication guidance as part of the medication guidance obligation. Therefore, in order to reconsider the importance of the medication-taking guidance duty, it is necessary to define the medicationaking information provision method and the medication-taking guidance duty as separate concepts. In addition, it is necessary to amend related regulations centered on patients so that medication guidance, such as side effects of medicines and interactions with concomitant medications, can be made in detail.

A Study on the Legal Regulation of 'Fake News' in the Age of Social Network Services : Focusing on the French Les propositions de loi contre la manipulation de l' information (소셜네트워크서비스 시대 가짜뉴스의 법적 규제에 대한 고찰 : 프랑스 정보조작대처법을 중심으로)

  • Sunhye Kwak;Sungwook Lee
    • Journal of Service Research and Studies
    • /
    • v.12 no.3
    • /
    • pp.144-157
    • /
    • 2022
  • This study began by pointing out the problem of domestic media reporting on 'fake news' regulations that frequently appear through the French 'Les proposals de loi control de l'information'case, while still approaching with different standards and perspectives on where to see fake news. In the age of 'social network services', the answer to what the media is, what the news is, and who the reporter is increasingly difficult. While reviewing the long history and background of the spread of fake news examined in this study, it was confirmed that could not determine the concept and scope of fake news, punished, regulated, controlled, or judged simply by one standard. From the perspective of 'freedom of expression' set by the law, we have the authority to express our opinions freely. In addition, 'online' space is a place where fake news is generated and spread, but at the same time, there is plenty of room to act as an antidote. In the end, the only alternative to the damage of long-term fake news will be to create a media environment that allows more high-quality "real news" to pour out, allowing us to develop our ability to judge reliable information through balanced competition among various news in the free market of ideas.

A Study on the Development of Training Model by Enforcement of the IP Code(SOLAS Chapter XV)

  • MoonGyo Cho;JeongMin Kim
    • Journal of the Korea Society of Computer and Information
    • /
    • v.29 no.4
    • /
    • pp.145-153
    • /
    • 2024
  • Through the 106th session of the International Maritime Organization(IMO)'s Maritime Safety Committee(MSC), a mandatory safety training requirement for all personnel transferred or accommodated for offshore industrial activities was established and adopted under the name of SOLAS Chapter XV, IP(Industrial Personnel) Code. This regulation mandates pre-boarding safety training to enable individuals to anticipate and mitigate hazardous risks in navigation and operational environments. Consequently, the IP Code includes provisions regarding the training content for industrial personnel and regulations for the refusal of master who has a full responsibility for individuals who have not completed the required training(non-qualified industrial personnel). Referred to as the IP Code, this agreement is set to enter into force in July 2024, necessitating the establishment and operation of safety education for industrial personnel boarding ships before that date. Accordingly, this paper reviews the legal requirements related to training within IP code and analyzes the details of models including training objectives, target audience, duration, and course structure of safety trainings such as STCW, OPITO, GWO training, and other delegated training related to current ships. Additionally, it aims to propose a curriculum model for IP training courses which consists of a total of 16 hours over 2 days, offered by the Korea Institute of Maritime and Fisheries Technology, including teaching objectives, duration, and course structure.