• Title/Summary/Keyword: Legal case

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A study of Liability for LMO and Biomedicine (LMO에 대한 손해배상책임 - 바이오신약을 중심으로)

  • Moon, Sang-Hyuk
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.43-67
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    • 2011
  • Humankind history is faced with one gigantic turning point due to development of Living genetically Modified Organisms. Food production by means of LMO is on the acceleration in an effort to solve the shortage of food problems. Food is also used as alternative energy source. Use of LMO product is not only limited to food and energy, but is actively utilized in various fields of medicines. This paper is first to check out the state of biomedicine developed and associated problems from industries that use LMO, after which we made an attempt on legislative approach to find out means of relief, through examples of such laws legislated for the sufferer from the adverse effect of the biomedicine. As for the liable subject to bear the responsibility for compensatory damage in a way of relieving the victim owing to adverse effect of biomedicine, those who manufactured and sold biomedicine and who are related to the damage to the victim due to the accident and medical doctors and pharmacists who prescribe and administer the medicine in question have been looked into. Accidents involving medicines and medical supplies could take place without reason for imputation on part of the liable subjects or fault of the victim, in which case the victim can't receive damage compensation from any of both parties. When such accidents happened turn out to be no fault accidents, introduction of damage relief measures might have to be reviewed against side effects of medicine and medical supplies as no fault compensation in order for actual relief to be possible. Talking about technicality of legislation, we can suggest a method of strengthening the accountability of manufacturer for stereotypical agenda on biomedicines by newly legislating special regulation with an issue that resists claim on risks associated with the development of medicine and incorporating the same into Manufactured Product Liability Law. After all, when an accident happens associated with biomedicine, the damage will be done to the consumer. And the consumer will be exposed to fatal danger even without the time to cope with potential risks associated with medicine and medical supplies they take. Therefore, it is necessary to protect the potential victim by having the manufacturer of biomedicines bear the liability of medical risks.

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Land Bank Bond for the Diversification of Land Bank Financing Resources: Comparative Case Study and the Improvement of Legal, Accounting System (토지비축의 안정적 재원조달을 위한 토지은행채권 도입방안: 사례 비교를 통한 법·제도·회계처리 개선방안을 중심으로)

  • Lee, Jong-Kwon;Choi, Eun-Hee
    • Land and Housing Review
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    • v.3 no.4
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    • pp.333-341
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    • 2012
  • The financial resources for public land banking enacted by Public Land Banking Act (2009) are LH (Korea Land and Housing Corporation) contributions, LH Bond, Land Bank revenues, etc. But, in real, the efficient funding resource is mainly LH bond. In these days, LH has experienced deep financial distress, and difficulties in issuing it's bond. Therefore, Land Banking project also has been inactivated because of poor financial resources. As Land Banking project depending its financial resources mainly on LH Bond does not have financial sustainability, it is necessary to reform the fundamental funding structure. This is the starting point for the topic of this paper. This paper suggests to reform the funding structure, and to introduce Land Bank Bond guaranteed by Government, and also to modify the accounting method of Land Bank to separate the Land Bank accounts with LH accounts. The funding structure reform can be summarized as follows; In early stage of the Land Banking project, sufficient government support by guaranteeing the Land Bank Bond is necessary. Gradually, the portion of LH's contribution can be increased in company with LH's financial distress being solved and administration being normalized. When the project reached on the stage of maturity, cash inflows by selling the reserved land can exceed the cash outflows for reserve new land. To introduce the Land Bank Bond guaranteed by government, the Public Land Banking Act (2009) should be revised. Along with this, to modify the accounting method of Land Bank, the rule for public enterprise accounting system must be partially revised.

A study on the Improvement of Design Guideline for the Use Enhancement of Privately Owned Public Space (공개공지(公開空地) 효용성(效用性) 제고(提高)를 위한 설계지침(設計指針) 개선(改善) 방안(方案))

  • Park, Jung-Lim;Kim, Hyun-Jun;Kwon, Young-Hyoo
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.14 no.3
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    • pp.115-141
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    • 2011
  • In urban space, public space is publicly or privately owned space freely accessible by the public. Privately owned public space to the public hosts small-scale rest facilities to serve the public in buildings of certain purposes and sizes for the sake of pleasant urban environment. The Building Act and building ordinances formulate a set of criteria for management and easement of construction standards as well as the area. When creating privately owned public space, one can get incentives through the easement of floor space index and height limit. The purposes of this study were to investigate and analyze privately owned public open space, which is freely accessible by the public, and its adjacent streets and to propose plans to improve the regulations for securing privately owned public space for more rational and practical legal applications. The study then proposed some plans to help to increase the quality of privately owned public space including applying the coefficient to suggest the type of privately owned public space fit for the features of the streets and measure the appropriate utility level differently and distinguishing the mandatory items according to the facility regulations in privately owned public space from the ones qualified for additional points in case of installation. The types of privately owned public open space should be applied differently and the content of facilities intended should be different according to whether it will serve as a resting place or grant more importance on traffic by walking, depending on the features of its adjacent streets. The privately owned public space, the frontage space of building, and the adjacent sidewalks should become a whole and be regarded as one space from the integrated perspective. The results of the study claim further significance in that it investigated privately owned open space and roadside across Seoul. They will serve as useful data to solve the problems with the privately owned public space of the city, which destroys spatial continuity by focusing on the quantitative increase of privately owned open space and creating individual privately owned open spaces and builds high-rise buildings alienated from the existing spaces, and to increase the quality of future privately owned public space.

Healthcare Legislation Cases in the National Assembly Petition System: Focused on Petitions to the Health and Welfare Committee of the 13th National Assembly through the 20th Assembly (국회 청원제도를 통한 보건의료 입법사례 연구: 13-20대 보건복지위원회 청원을 중심으로)

  • Ryu, Chang Ug
    • Health Policy and Management
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    • v.29 no.4
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    • pp.382-393
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    • 2019
  • The right to petition is a classical right of the people in constitutional states, and in Korea, it is a statutory right in the Constitution, the National Assembly Law, the Petition Law, and the Local Autonomy Act. The healthcare community first made a successful petition to the National Assembly when it achieved the amendment of the Government Organization Act through a petition to the National Assembly for the independence of the Ministry of Health, and this achievement served as the basis for further petitions. Since then, the healthcare community has successfully achieved the enactment and amendment of related occupational laws through National Assembly petitions, such as the amendment of Article 41, Paragraph 7 of the former Medical Insurance Act (Korean Medical Association, 14th Assembly), enactment of the Dental Health Act (Korean Dental Association, 15th Assembly), and amendment of the Health Functional Foods Act (Korea Pharmaceutical Association, 16th Assembly). Its petition accomplishment rate is higher than the total petition accomplishment rate of the Health and Welfare Committee of the National Assembly. However, along with the overall decrease in the number of National Assembly petitions, the Korean Medical Association and Korea Pharmaceutical Association have not achieved any results through petitioning since the 16th Assembly (June 2000), and the Korean Hospital Association and Korean Nurses Association have not achieved any results through petitioning since the 17th Assembly (April 2004). Furthermore, no National Assembly petitions have been made at all for 5 years (2014-2018). The Korean Medical Association and Korea Pharmaceutical Association previously showed a high petition accomplishment rate through their accumulated experience with National Assembly petitions and vigorous policy assistance from doctors/pharmacists/nurses turned lawmakers. More specifically, healthcare organizations have achieved results by actively conducting organized activities with the National Assembly, as implemented by a national assembly director and employees, and in case of petitions for legislation, each group has established infrastructure for reviewing the relevant laws by appointing a legislative director, as well as a legal advisor and advisory counsel. Although the organization that has submitted the most petitions to the National Assembly is the Korean Hospital Association, the group with the highest petition success rate is the Korean Medical Association, which may be linked to the relatively high proportion of doctors who have become lawmakers. Furthermore, the fact that other healthcare organizations were highly interested in petitioning the National Assembly has had major implications for the petition activities of healthcare organizations.

A Study on Test Report Information Service Architecture for Preventing Forgery and Alteration in Defense Industry (군수품 시험성적서 위·변조 방지 시스템 아키텍처에 대한 연구)

  • Lee, Donghun;Jeon, Sooyune;Bae, Manjae
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.4
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    • pp.43-51
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    • 2016
  • Preventing the forgery and alteration of test reports is important, in order to maintain the reliability of military supplies. Based on a survey of reports on testing institutions and a case study of established electronic document systems in the public sector, we propose a system architecture, which helps prevent the forgery and alteration of test reports with legal force. The proposed architecture takes advantage of both the time stamp that records the time a document is received and a server synchronized with the testing institution. Using the proposed system architecture, the user is able to request a test and receive reports from the testing institution without delay. Also, a defense agency is able to conveniently prove the authenticity of the test reports and utilize the statistical data collected by the architecture. Therefore, we expect that the proposed system architecture will help defense agencies to prevent the forgery and alteration of test reports and ensure their reliability and quality.

A Study on the Fair Trade of Content Rights: Protecting Small & Medium Sized Content Creators and Publishers in the Nested Publishing Industry (콘텐츠 권리의 공정거래에 관한 연구: 출판산업 가치사슬에서 중소 콘텐츠 창작자와 출판업자의 권리 보호)

  • Choi, Gyoung-Gyu;Lee, Young-Dae
    • The Journal of Small Business Innovation
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    • v.20 no.2
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    • pp.51-66
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    • 2017
  • Online and wireless communications have dramatically changed the contents industry marketplace. Content transactions are now instantaneous as distribution channels move from the 'mart' to smart platforms, creating opportunities for content creators large and small. Yet with opportunity comes the threat of imbalance in the industry ecosystem. In order to ensure the health and diversity of an industry that relies so heavily on the welfare of small creative enterprises, it is essential to establish rules for the fair transaction of content rights. Several structural forces may work against such rules: first, the industry consists of a large number of small distributor intermediary businesses (e.g. major publishers); second, end distributors (e. g. platforms) maintain a superior, monopsony position; and third, economic valuation of content is difficult. In terms of acquisition business model, rights transactions can be classified into three general models: (1) license model, (2) original acquisition model, and (3) monopsony model. This study explores the publishing industry in detail, considering key statutes and their operation across the models. From analysis of Korea and the US statutes and case law, and decisions of the Fair Trade Commission (FTC) of Korea, we offer evaluation criteria for discerning between fair and unfair content rights transactions. We further recommend industry practice that may enhance the likelihood for fair content rights transactions, and thus a thriving publishing ecosystem.

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On the Economic Impact of Foreign Labor Inflows in Korea (국제노동이동의 경제적 영향 분석 - 외국인 노동자문제를 중심으로 -)

  • Hahn, Chin Hee;Choi, Yong-Seok
    • KDI Journal of Economic Policy
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    • v.28 no.1
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    • pp.95-116
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    • 2006
  • Traditionally, foreign labor inflow into Korea has been rare and, hence, issues on foreign workers did not draw much attention. However, changing economic conditions of the Korean economy, such as "labor-shortage" problem in SMEs in manufacturing sector, has made the Korean government open its door to the foreign workers since the early 1990s through the Industrial Trainee System. The inflow of foreign workers, on the other hand, has generated various social and economic problems, such as substantial increase of illegal over-stayers, illegal utilization of foreign unskilled workers by domestic SMEs, to name a few. Against this background, the Employment Permit System was implemented from 2004. This new system aims at supplying foreign workers to SMEs as well as protecting them as legal 'employees'. In any case, it is very important to understand how and to what extent the inflow of foreign workers have affected the Korean economy in order to establish long-term policy stance. This paper aims to empirically assess the economic impact of foreign workers on domestic workers in the manufacturing sector during 1997~20001, focusing on the Industrial Trainee System. The empirical results of the paper can be summarized as follows. First, there is some evidence that male semi-skilled workers are the group that is likely to have been displaced by industrial trainees. Second, we were unable to find any strong evidence suggesting that the inflow of foreign industrial trainees decreased wages of less-skilled Korean workers.

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A Comparative Study on the Regulation System of Public Sphere in the Social Media Space During the Election Campaign (소셜 미디어 관련 온라인 선거 공론장 규제체계 비교연구)

  • Lee, Dong-Hoon;Ryu, Jung-Ho;Jung, Soo-Young
    • Korean journal of communication and information
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    • v.55
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    • pp.74-99
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    • 2011
  • This article tries to find out some regulatory facts to improve and vitalize roles of social media such as facebook, twitter, etc in the election campaign. For this goal, a theoretical approach is based on the agnostic and open aspects of the regulation system of election. Case study and in-depth interview were used as research methods in this article. The results are as follows. First, some differences are in the election regulatory system regarding the roles of social media in UK, US, Japan and Korea. The election public sphere systems of these countries categorized to the types of legal factors to control political communications in election public sphere; free-speech oriented system(UK. US), limited free-speech oriented system(Korea), normative-oriented system(Japan). Second, most respondents answered they agreed with some improvement ideas to reflect needs of netizen and academic who suggest to minimize regulatory burdens on social media in the political communication during the election campaign.

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Design of Environmentally Sound Manufacturing Process of Fork Lift using LCA and DfE Methodology (LCA와 DfE기법을 이용한 친환경적인 지게차 제조공정의 설계)

  • Park, Kwang-Ho;Hwang, Yong-Woo;Park, Il-Do
    • Journal of Korean Society of Environmental Engineers
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    • v.27 no.7
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    • pp.677-685
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    • 2005
  • Life Cycle Assessment(LCA) and Design for Environment(DfE) method were applied to design the environmentally sound manufacturing process of f31k lift in this study. Not only external movement of LCA and DfE method in the legal and systemic phase, but also active researches of those in the development phase of case study and application to the industrial field, have been going on. In concretely, the manufacturing processes of the folk lift generating the most environmental impact were examined by applying LCA method, and the environmentally sound manufacturing process was designed by applying, DfE method to the processes. As the results of LCA, environmental impacts for the eco-toxicity and human toxicity of seven major environmental categories were in high value, and so be in the cutting & welding process and painting process among the manufacturing processes. High solid paints, increasing the solid content of the existing solvent paints used in painting process, were developed to reduce the environmental impacts generated in the painting process. By utilizing the high solid paints, about 20% of environmental impacts (as environmental index of LCA) could be reduced.

The Utilization of Big Data's Disaster Management in Korea (국내 재난관리 분야의 빅 데이터 활용 정책방안)

  • Shin, Dong-Hee;Kim, Yong-Moon
    • The Journal of the Korea Contents Association
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    • v.15 no.2
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    • pp.377-392
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    • 2015
  • In today's data-driven society, we've been hearing a great deal about the power of Big Data over the last couple of years. At the same time, it has become the most important issue that the problems is caused by the data collection, management and utilization. Moreover, Big Data has a wide applications ranging from situation awareness, decision-making to the area to enable for the foreseeable future with man-made and analysis of data. It is necessary to process data into meaningful information given that the huge amount of structured and unstructured data being created in the private and the public sector, even in disaster management. This data should be public and private sector at the same time for the appropriate linkage analysis for effective disaster management. In this paper, we conducted a literature review and case study efficient Big Data to derive the revitalization of national disaster management. The study obtained data on the role and responsibility of the public sector and the private sector to leverage Big Data for promotion of national disaster management plan. Both public and private sectors should promote common development challenges related to the openness and sharing of Big Data, technology and expansion of infrastructure, legal and institutional maintenance. The implications of the finding were discussed.