• Title/Summary/Keyword: Legal case

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E-Governance Practices in Developing Countries. Its Benefits and Challenges. -The Case of Pakistan- (개발도상국의 전자정부 시행에 따른 장점과 문제 -파키스탄 중심으로-)

  • Aftab, Muhammad
    • Industry Promotion Research
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    • v.4 no.1
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    • pp.79-86
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    • 2019
  • The quality of service delivery by governments to their citizens is a subject of concern in the contemporary society. E-governance is a critical aspect that is transforming government operation and service delivery to citizens and other bodies through application of information technology. This research explores the state of e-governing focusing on nations that are developing with special attention to Pakistan. The difficulties and benefits encountered are identified. The results are vital for implementers of e-governing systems in these countries. The methodology applied entails a secondary research that involves analysis and synthesis of literature relating the research topic. The results reveal that Pakistan has made incredible steps in setting up e-governance systems with growth in internet use and access of data from a digital platform. The findings reveal that e-government is associated with multiple benefits including enhanced quality of services, cost efficiency in service provision, enhance transparency and elimination of corruption, provide the basis for eradication of poverty, boost economic stability of a country, and provide room for direct democracy. The research also found that developing countries experience challenges in form of financial constraints, poor ICT infrastructure, illiteracy on e-government, political consensus constraints, legal obstacles, social and cultural constraints. E-government has the capability to transform the quality of governance provided by governments, and policymakers and implementers should address the constraints that act as a hindrance to its implementation.

Effects of First Aid Training Program on Child Care Teachers' Coping Intentions and Knowledge in the Case of Emergency Situations (응급처치교육 프로그램이 보육교사들의 응급상황 대처 의지 및 지식에 미치는 효과)

  • Yi, Seung-Hoon
    • The Journal of the Korea Contents Association
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    • v.19 no.5
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    • pp.464-471
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    • 2019
  • The purpose of this study was to analyze the effects of first aid programs(FAP) on the knowledge and will to cope with emergency situations, and to suggest the effective FAP for child care teachers by analyzing the needs of FAP. The subjects of this study were 159 child care teachers who received upgrading education. The results of the study are as follows. First, child care teachers have a willingness to cope with emergency situations. and child care teachers who were not able to do were caused by the burden of legal liability and lack of confidence in first aid techniques. Second, teachers who received FAP showed higher knowledge about first aid knowledge. Third, the type of FAP desired by the child care teachers showed the most favored type of whole practice. Fourth, the contents of FAP desired by child care teachers were CPR, airway obstruction, burn treatment and temperature related symptoms. In this study, FAP is needed in the process of child care teacher training. FAP should be practice-oriented education, and the contents of FAP should be structured based on the needs of child care teachers.

Analysis of Forest Resources and Timber Production Potential of Larix kaempferi in South Korea (국내 일본잎갈나무림의 자원량 및 목재생산 잠재량 분석)

  • Kim, Young-Hwan;You, Joung-Won;Yim, Jong-Su;Lee, Seung-Hyun;Park, Joo-Won
    • Journal of Korean Society of Forest Science
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    • v.109 no.4
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    • pp.454-460
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    • 2020
  • The goal of this study was to classify the area of Larix kaempferi forest available for timber production, considering the legal, physical, environmental, and technical constraints, and to optimize the forest resources and the potential of timber production in South Korea for 50 years. The results showed that the area of Larix kaempferi forest available for timber production is limited to 124,000 ha, 48% of the total area. Without further efforts in resource management, sustainable timber production of Larix kaempferi cannot be guaranteed even at the current level of timber supply. To enhance the potential of timber production for this species, two alternatives were considered: a 705-km annual increment of forest roads (alternative 1) and a 1,000-kmannual increment of forest roads (alternative 2) to enlarge forest areas available for timber production. The results showed that alternative 1 is feasiblefor sustainable timber production both at the current level and with a 5% increment of timber supply. However, alternative 1 is not sufficient in the case of a 10% increment of timber supply with a low growing stock, whereas alternative 2 is sufficient. Therefore, an increase in forests roads as well as regeneration efforts are required to improve the timber production potential of Larix kaempferi in South Korea.

Analysis of Research Trends in the 30 Years of 'Journal of Arbitration Studies' ('중재연구' 30년간의 연구동향 분석 - 한국중재학회 창립30주년에 즈음한 학술연구 동향분석 -)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.3-22
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    • 2021
  • Civil and commercial disputes can be resolved through alternative dispute settlement systems other than court proceedings. Among them, the arbitration procedure is a system that is clearly distinguished from the mediation procedure in which the dispute is terminated by agreement between the parties. The arbitration proceedings shall have the same effect as the result of the final judgment by the decision of a third-party arbitrator, and its essence is a judgment. The Korean Arbitration Association Studies was founded in December 1990 to recognize the importance of arbitration procedures and conduct specialized research on them, with professional research on 'arbitration procedures' continuing until today. Thus, the Korean Arbitration Association Studies is positioned as the only specialized research organization in the field of arbitration. In the case of the Korean Arbitration Association Studies, which is the only society in Korea related to arbitration and alternative dispute resolution, the members are mainly scholars majoring in trade and commerce and ones majoring in law. This situation reflects the distinctive character of the arbitration system because it is a matter of dispute procedures related to trade and commerce and many scholars who research trade and commerce need to prepare for possible disputes. In addition, the arbitration procedure is a dispute settlement procedure that substitutes for litigation because it has research value as a legal system. In particular, the 'Journal of Arbitration Studies' published by the Korean Arbitration Association plays a role in mediation, as well as mediation and presentation of research papers in the ADR field. This study analyzes the trends of mediation and ADR-related papers published in 'Journal of Arbitration Studies', an academic journal of the Korean Arbitration Association Studies, in four dimensions, celebrating the 30th anniversary of the Korean Arbitration Association Studies. First, this study examined which sub-themes are mainly studied among the various viewpoints of mediation through thematic analysis. Second, it looked at what methodology was used to study intervention at the methodological level. Third, it assessed what countries and regions had been mainly studied at the regional level. Fourth, in terms of content, what kind of research had been mainly conducted and what kind of research was relatively insufficient was investigated, analyzing the research results of the last 30 years and presenting a milestone for the research direction of 'Journal of Arbitration Studies' in the future.

Path to Poverty of Sick Workers and Fictional Korean Social Security (아픈 노동자는 왜 가난해지는가? - 아픈 노동자의 빈곤화과정과 소득보장제의 경험)

  • Lee, Sophia Seung-yoon;Kim, Ki-tae
    • 한국사회정책
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    • v.24 no.4
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    • pp.113-150
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    • 2017
  • This study analyzes how workers become impoverished and have their jobs less stabilized after they suffer from non-job-related sickness. Given that South Korea lacks sickness benefits, which most of OECD member states legislate and implement except US and Switzerland, this study examines its impact on laborers' job stability and povertization in Korea. The researchers have conducted in-depth interviews with nine former or present laborers who have the experiences and four experts on the issue in July-September, 2017 for the qualitative analysis. It is found that laborers, after becoming aware of their sickness, at first endure their pain without informing their employers not to lose their jobs. The attititude is observed especially among non-standard laborers, because sickness more often leads to job loss for them than for standard laborers. After workers have to leave their jobs due to their sickness in the end, they have no choice but to keep working in less stable jobs to compensate for income losses. They become gradually impoverished with their social capital like family bond declining. We observe laborers who are eligible for industrial accident insurance compensation could not benefit from the system because some employers refrain from the legal reporting duty. Due to this illegal practices, some industrial accident victims unduly lose their jobs due to "non-job-related sickness". Second, some employers report to the authority that their sick laborers have left their jobs 'voluntarily' even when they have quitted it without their volition, in which case the newly unemployed are not eligible for unemployment benefits. Large holes in Korea's safety nets for those suffering from multiple risks of sickness and unemployment.

A Study on Precedents about Defamation by Ghost Surgery Disclosure and Its Implication (유령수술 공개에 따른 명예훼손에 관한 판례 고찰 및 시사점 : 서울고등법원 2020. 9. 11. 선고 2019노2201 판결 중심으로)

  • Jeon, Byeong-Joo;Han, Hye-Sook
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.634-644
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    • 2021
  • Despite the increased social demand for strengthening the punishment for ghost surgery in Korea, the governmental management is very passive compared to other offenses of medical law, and the punishment for ghost surgery is insufficient, so that medical malpractices are continuously occurring. A plastic surgeon who posted the names of clinics performing ghost surgery and the number of deaths on the internet bulletin board, was charged with the violation of the Information Telecommunication Act(defamation). Thus, this study aimed to present the legal/institutional issues and implications of defamation by the release of ghost surgery, by initially examining the charged case after posting the contents showing the death of patients by ghost surgery in clinics on the internet bulletin board. This study aimed to understand how strictly the court approached the ghost surgery in the aspect of public interest, and also to understand the judgment standard of punishment for defamation by investigating the publicly alleging facts and public interest by the disclosure of ghost surgery. Moreover, this study aims to provide the basic data necessary for guaranteeing the national health right by arousing attention to ghost surgery.

A Study on the Analysis of China's Telemedicine Industry from the Perspective of the Industrial Innovation System and its Implications for Korea (산업혁신체제 관점에서의 중국의 원격의료 산업 분석과 국내로의 함의점 연구)

  • Kim, Mikyung;Zhang, Yi
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.441-453
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    • 2021
  • Recently, the untact healthcare industry due to COVID-19 has been attracting attention, and the telemedicine industry based on medical information has become a field of the healthcare industry receiving attention. However, in Korea, due to obstacles in the legal system, telemedicine is still illegal between doctors and patients. In the case of neighboring China, the reality is the opposite of the recent rapid growth of the telemedicine industry under the leadership of the government. This study looks at this from the perspective of the industrial innovation system on the grounds that telemedicine is an industry and innovative technology needs to be changed to clarify the difference between domestic and Chinese telemedicine industries. As a result of analyzing China's telemedicine industry on the seven sub-divisions of demand conditions, innovators, networks et al., Such as seizing appropriate opportunities for demand driving effects and appropriate communication between economic actors were identified as major success factors. This researcher proposes the following suggestions. first, it conforms to the current digital New Deal policy flow, and conducts a demand survey on the change in demand for medical services in the 4th Industrial Revolution and the Untact Era. For the introduction, a plan to conduct a demand survey for the public and second, second, a plan to grow and intensively foster digital high-tech medical care as a new industry was suggested.

A Study on Collaborative Governance: Focusing on the Cultural Heritage Guardians (문화재지킴이 정책의 협력적 거버넌스 운영 체계 연구)

  • Jang, Youngki
    • Korean Journal of Heritage: History & Science
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    • v.54 no.1
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    • pp.184-205
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    • 2021
  • Governance is valued as a new concept and principle of social operation and public policy management, and its influence is gradually expanding. Among the various governance theories being put into practice and in case analysis studies, collaborative governance embracing various governance concepts has been found to increase interdependence and responsibility beyond participation and compromise, and create new public values by integrating and utilizing optimal social coordination forms. In the field of cultural assets, governance-related research is also being conducted for the efficiency, sustainability, and scalability of public policy enforcement. This study explored the government's role (promotion, arbitration, and condition creation) in collaborative governance, focusing on the "Cultural Heritage Guardians" to understand how collaborative governance operates in the cultural heritage sector. Regarding governance policies in the cultural asset sector, the cultural asset guardians highlighted the status, role, and characteristics of policies by examining their introduction, development, and implementation. The results of the analysis revealed that private-led, horizontal public-private cooperation, collaborative governance, policy introduction, solidarity, professionalism, resource/knowledge imbalance, cooperation precedence, etc., facilitate increased participation. The government has accordingly proposed measures to establish comprehensive legal stability centered on cooperation; strategic reorganization of dedicated organizations; strengthened, supportive intermediate organizations; and individual and multi-party consultative bodies.

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.

A Study on the Expansion of Workflow for the Collection of Surface Web-based OSINT(Open Source Intelligence) (표면 웹기반 공개정보 수집을 위한 워크플로우 확장 연구)

  • Lee, SuGyeong;Choi, Eunjung;Kim, Jiyeon;Lee, Insoo;Lee, Seunghoon;Kim, Myuhngjoo
    • Journal of Digital Convergence
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    • v.20 no.4
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    • pp.367-376
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    • 2022
  • In traditional criminal cases, there is a limit to information collection because information on the subject of investigation is provided only with personal information held by the national organization of legal. Surface web-based OSINT(Open Source Intelligence), including SNS and portal sites that can be searched by general search engines, can be used for meaningful profiling for criminal investigations. The Korean-style OSINT workflow can effectively profile based on OSINT, but in the case of individuals, OSINT that can be collected is limited because it begins with "name", and the reliability is limited, such as collecting information of the persons with the same name. In order to overcome these limitations, this paper defines information related to individuals, i.e., equivalent information, and enables efficient and accurate information collection based on this. Therefore, we present an improved workflow that can extract information related to a specific person, ie., equivalent information, from OSINT. For this purpose, different workflows are presented according to the person's profile. Through this, effective profiling of a person (individuals) is possible, thereby increasing reliability in collecting investigation information. According to this study, in the future, by developing a system that can automate the analysis process of information collected using artificial intelligence technology, it can lay the foundation for the use of OSINT in criminal investigations and contribute to diversification of investigation methods.