• 제목/요약/키워드: Legal Research

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119구급대의 법적분쟁 예방에 관한 연구 (Research on the prevention of legal dispute over 119 rescue team)

  • 임재만
    • 한국응급구조학회지
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    • 제13권1호
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    • pp.19-33
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    • 2009
  • Purpose : To check the legal relation between rescue team and patient as well as legal responsibility for patient's damage intentionally or erroneously caused by rescue member, a public official, in the performance of relevant job ; to prevent legal dispute over rescue team and to present program for fair settlement of dispute and equitable and feasible burden of damage. Method : First, the legal principle of Civil Law, Criminal Law and Administrative Law related to the theme of this research will be investigated around research by literature. Second, the case of dispute related to rescue team will be introduced. Result: 1. If 119 rescue members as a public official intentionally or erroneously cause damage to patient in the performance of job, they shall bear civil, criminal and administrative responsibility. They shall bear civil responsibility for indemnity for damage due to default or tort. The typical criminal responsibility includes accidental homicide arising out of duty, preparing falsified official document, dereliction of duty, etc. In the administrative side, the state is responsible for indemnity for peculiar status of the rescue member, public official. 2. Though raising civil petition or legal dispute over unsatisfactory rescue service may be reasonable to guarantee the right of nation, such action may cause stress to rescue member as well as may lead to mental shrinking and defensive attitude only to take the basic first aid treatment which has low possibility of mistake instead of active first aid treatment so as to avoid legal responsibility. 3. The program that may prevent legal dispute over 119 rescue team includes expansion of manpower specialized in first aid treatment, enhancement of education on legal environment, development and application of standard job guideline, formation of mutual trust with patient, detailed explanation, preparing and keeping minute record, improvement of the rescue members' ability of first aid treatment and development of medical instruction mode. Conclusion : The best policy is to prevent legal dispute. If it is impossible to basically exclude the possibility of dispute, however, we need to make effort to minimize the occurrence, settle fairly and divide damage equitably and feasibly. To improve the preventible death rate of our first aid system to the level of advanced country, 119 rescue team which is in charge of the stage before hospital needs to positively enforce special first aid by improving the qualitative level of rescue service and to strive to prevent legal dispute that may occur in the process.

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온라인 전자책 보존을 위한 납본제도 개선 방안 연구 (Research on Improvements of the Legal Deposit System for the Preservation of Online Electronic Book)

  • 장보성;남영준
    • 한국문헌정보학회지
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    • 제44권4호
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    • pp.435-456
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    • 2010
  • 이 연구는 급증하고 있는 온라인 전자책의 보존을 위하여 최근 개정 및 개정 준비중인 주요 국가의 온라인 전자출판물 납본과 관련된 법령을 비교 분석하고 이를 기반으로 한국의 온라인 전자책 보존을 위한 납본제도 개선 방향을 제시하고자 한다. 한국의 전자책 보존을 위한 납본제도 개선 방안은 다음 3가지로 요약할 수 있다. 첫째, 온라인 전자책 보존을 위한 납본 대상 자료로서의 전자책의 명확한 개념 정의와 범주 설정이 필요하다. 둘째, 국내 온라인 전자책 제작환경을 고려한 납본 주체의 구체화 및 명료화가 이루어져야 한다. 셋째, 납본 포맷, 납본 부수, 시기, 방식, 보상과 제재조치, 납본자료의 이용과 매체변환과 같은 법률적 조항의 내용 보완이 필요하다.

치과병·의원에 근무하는 치과위생사의 업무 범위에 대한 질적 연구 (A qualitative research on work scope in dental healthcare hygienists)

  • 문상은;홍선화;김나연
    • 한국치위생학회지
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    • 제19권6호
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    • pp.907-918
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    • 2019
  • Objectives: This qualitative research was conducted to clearly find and clinically understand dental hygienists' work experience in order to lay the legal foundation for their work range and safe execution. Methods: From March 1 to April 30, 2019, seven study participants were selected and participated in-depth interviews. Phenomenological research methodology was applied for intensive analysis. Results: They performed jobs that required no professionalism, such as dental assistance, except for scaling. Dental hygienists, nurses' aids, and dental technicians performed the same jobs regardless of difficulty level and legal work range. Dental hygienists failed to accurately recognize their legal work range. Since there was the wide gap between their legal work range and actual work range, it was necessary to expand the work range in line with actual conditions. Conclusions: Given the results, it is necessary to conduct in-depth discussions within the dental circle to make dental hygienists' work execution in line with reality by improving and discussing a legal system for job assignment and expansion of workers. Therefore, it is required to form a plan for the many jobs dental hygienists executed in a clinical setting.

법정인증제도의 확산패턴과 기업성장에 미치는 영향 (The Spread Pattern of Korean Legal Certification Systems and Their Impact on Industry Performance)

  • 최갑홍;신완선;신준석;박재연
    • 품질경영학회지
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    • 제41권1호
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    • pp.1-14
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    • 2013
  • Purpose: The purpose of this research was to investigate the spread pattern of Korean legal certification systems and their impact on industry performance. Methods: It first analyzes the life cycle of legal certification systems and classifies them into four categories based on the spread patterns in a chronological view. A survey study is then conducted to find out the impact of legal certification systems on financial performance. Both the legal mandatory certification systems and the legal voluntary certification systems are included in the survey. Results: Four spread patterns of legal certification systems are sustainable growth, stagnation after growth, decrease after growth, and repetition of growth and declination. 56% of 293 certified corporations responded positively about the financial impact of their certification systems. Conclusion: The policy makers can utilize the results of this study in designing additional certification systems as well as promoting the current legal certification systems.

Trends and Prospects for the Development of Virtual Reality and Digital Property

  • Kirillova, Elena Anatolyevna;Blinkov, Oleg Evgenyevich;Blinkova, Elena Victorovna;Vrazhnov, Aleksey Sergeevich;Magomedov, Firdousi Bilyamudinovich
    • International Journal of Computer Science & Network Security
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    • 제22권11호
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    • pp.284-290
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    • 2022
  • The study considers trends and prospects for developing virtual (augmented) reality and civil transactions in relation to digital property. In jurisprudence, there is a need to determine the legal status of virtual and augmented reality to regulate legal relations in the digital environment. Legal relations using new digital technologies require the creation of new legislative approaches and rules of their legal regulation. The article dwells on the legal status of virtual (augmented) reality and determines the methods of regulating legal relations in the sphere of digital property. The study utilized methods for collecting single and multiple facts in order to identify the main trends in the civil circulation of digital assets, as well as private law methods. The methods of generalization, concreteness, induction and deduction reveal the legal nature and main features of virtual (augmented) reality and digital property. The paper highlights the specifics of virtual reality and civil transactions in relation to digital assets. The research has concluded that the sale, exchange and other actions with digital objects in virtual reality have distinctive features, while digital property has also unique characteristics since it is involved in civil circulation and legal relations.

A Review of Wetland Policies and Related Guidelines of Leading Nations and Korea with Emphasis on Creation of Artificial Wetlands

  • Lee, Yong-Hee;Lee, Mi-Jin
    • Ocean and Polar Research
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    • 제24권1호
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    • pp.93-114
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    • 2002
  • Legal regimes of major countries actively involved in wetland programs including USA, Japan, Germany, Netherlands, and Denmark, show that these leading nations have developed their own legal regimes and policies for the conservation and restoration of wetlands since early 1990s. The main feature of their position is to preserve, create and restore wetlands, including tidal flats. However, this approach, so called 'mitigation' policy, is thus far, not a fully established policy but an evolving one. For Korea, there are only a few laws and policies which hint at the importance of creating coastal wetlands as a conservation measure, however, most of those systems only exist as vague provisions which lack any tangible and compulsory implementing procedures and technical guidelines. It seems that it is necessary to strengthen the legal measures for conserving coastal wetlands in Korea including specifying economic assessment methods and funding sources for the creation, restoration and rehabilitation of tidal flats to firmly establish a national wetland mitigation policy.

船舶優先特權과 船泊執行의 實務에 관한 考察 (A Study on the Forcible Execution for Arrest of Ship Relating to Maritime Lien)

  • 황석갑
    • 한국항해학회지
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    • 제16권2호
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    • pp.29-39
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    • 1992
  • According to newly revised Korean Commercial Law, 1991, several amendments on the maritime liens as a special legislative rights duly performed so as to make an equity with mortgates of the ship. Consequently, it is also noteworthy that claimants of the maritime lien should know how to secure their legal rights on the ship. Such a legal practice is performing in accordance with the doctrine and principles of the law of forciable excution without court order. This paper, therefore, intends to study specific legal practice for exercising legal rights on the ship by due process of law.

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Civil legal relations in the context of adaptation of civil legislation to the legislation of the EU countries in the digital age

  • Kizlova, Olena;Safonchyk, Oksana;Hlyniana, Kateryna;Mazurenko, Svetlana
    • International Journal of Computer Science & Network Security
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    • 제21권12spc호
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    • pp.521-525
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    • 2021
  • An essential area is the creation of a single digital market between the EU and Ukraine through information technology. Purpose: to investigate and analyze civil law relations in the field of adaptation of Ukrainian civil law to civil law regulations of the EU. The object of research: Ukrainian civil law and civil law of the EU. The subject of the study is civil law in the context of adaptation of civil law to the legislation of the EU. The following methods of scientific cognition were used during the research: semantic, historical, comparison, analysis and synthesis, generalization. The results of the study show that the harmonization of the legal system of Ukraine with EU law is caused by several goals: successful integration of Ukraine into the EU, legal reforms based on the positive example of EU countries, promoting access of Ukrainian enterprises to the EU market; attracting foreign investment, increasing the welfare of Ukrainian citizens. The adaptation includes three stages, the final of which is the preparation of an expanded program of harmonization of Ukrainian legislation with EU legislation. In the process of adaptation, it is important to take into account the legal history, tradition, features and mentality of Ukraine and before borrowing legal structures to analyze the feasibility of their application in the Ukrainian legal field.

Legal Regulation Of Digital Rights In Ukraine

  • Bilenko, Marianna;Ilchenko, Hanna;Herych, Anatolii;Solodka, Olena;Podolyak, Svitlana
    • International Journal of Computer Science & Network Security
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    • 제22권9호
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    • pp.59-62
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    • 2022
  • In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.

Human Rights and Civil Freedoms: Anthropological Approach in the Theory of Law in the Age of Information Technology

  • Gavrilova, Yulia;Dzhafarov, Navai;Kondratuk, Diana;Korchagina, Tamara;Ponomarev, Mikhail;Rozanova, Elizabeth
    • International Journal of Computer Science & Network Security
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    • 제22권11호
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    • pp.199-203
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    • 2022
  • The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).