• Journal of the Korean Society of Safety
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• v.24 no.4
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• pp.90-95
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• 2009

The purpose of this study is to investigate industrial safety and health experts' opinions on the examination system of WMSDs(work related musculoskeletal disorders) risk factors. For doing this, a questionnaire study and two FGIs(focused group interview) were conducted. A questionnaire with open questions about the examination system was developed, and sent to 42 experts consented bye-mail. Of the experts, 24 experts responded, whose data were used in the analysis. The FGIs were performed for the persons in charge of industrial safety and health in industries and ergonomists. The questionnaire study revealed that most experts(91.3%) agreed with legalization of employers' duty for preventing WMSDs, necessity of the 11 tasks designated by Ministry of Labor, the examination system and ergonomics program, and pertinency for the examination system classification of periodic and occasional one. However, more than half experts disagreed with timeliness and appropriateness of the legal system. This was validated by the low approval rates for appropriateness of the 11 tasks, methods of the examination, charge person in the examination and ergonomics program. FGIs showed that it was desirable for the examination system to be legalized, and that the system was generally properly performed. It was suggested that the system be partially revised with reflecting problems disclosed during its enforcement rather than whole revision. It is expected that when revising relevant legal system, the results of this study would be used as valuable data.

• Journal of Korea Trade
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• v.24 no.1
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• pp.113-130
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• 2020

Purpose - This paper examines the legal standards for the interpretation of contract terms in the UNIDROIT Principles of International Commercial Contracts (PICC) and the cases thereunder in order to provide academic implication to promoting an appropriate understanding of this topic in practical business. Design/methodology - This article uses the literature research and case study under the PICC. Findings - the contract terms shall be interpreted according to the common intention of the parties. If such an intention cannot be established, the contract shall be interpreted according to the meaning that reasonable persons of the same kind as the parties would give to it in the same circumstances. The statements and other conduct of a party shall be interpreted according to that party's intention if the other party knew or could not have been unaware of that intention. If not, the reasonable person standard will apply. In applying above articles, all relevant circumstances including the conduct of the parties, practices and usages shall be considered. Terms and expressions shall be interpreted in the light of the whole contract or statement in which they appear and contract terms shall be interpreted so as to give effect to all the terms rather than to deprive some of them of effect. Where contract terms supplied by one party are unclear, contra proferentem rule applies. Where there is discrepancy between several equally authoritative versions of a contract, a preference is given to the interpretation according to the version originally drawn up. Where the parties to a contract have not agreed regarding an important term for their rights and duties, a term which is appropriate in the circumstances shall be supplied. Originality/value - This article examines various cases regarding the topic that were determined under the PICC. By finding legal standards and rulings of relevant cases, this article will help readers in practical business to enhance the ability to apply the provisions to their contracts.

• Health Policy and Management
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• v.13 no.3
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• pp.52-70
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• 2003

The rate of conversion to Medical-juridical-persons' ownership of medical institutions has increased rapidly since its start in 1970s in Korea. The most sensitive issue to introduce for-profit medical institutions, ignited particularly by the WTO/DDA negotiations, has sparked considerable debate, stemming largely from conflicting views on the theoretical effects of ownership status on organizational behavior. This study surveyed health-related experts' opinions on allowing for for-profit-firms-owned medical institutions. Some fear that the obligation to maximize the share-holders' return on their investment will cause the medical institutions to eliminate necessary but less lucrative services. They may easily fall under more pressure to generate income, and respond more aggressively than not-for-profit medical institutions to financial pressures. Advocates of for-profit ownership of medical institutions argue that greater responsiveness to the demands of the marketplace will lead to larger investment, higher quality and lower costs to consumers. Referring to both foreign countries' experience and domestic experts' opinions, this study suggests for reform of the current Korean Medical-Juridical-Person(MJP) System. Introduction of so-called “Capital-investment” MJPs is recommended where the properties left in case of their dissolution can be distributed to original investors according to the procedures stipulated in their statutes. However, their annual profits are not allowed to be allocated to investors, but should be reinvested for their medical institutions, as is the case in current MJPs. Their legal aspects are also reviewed in this study.

• The Journal of the Korea Contents Association
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• v.12 no.10
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• pp.159-168
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• 2012

Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

• The Journal of KAIRB
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• v.1 no.2
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• pp.30-42
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• 2019

In pharmaceutical clinical trials as human material research, the collection, use, storage and provision of human materials must be in accordance with the criteria stipulated in 「Bioethics and Safety Act」, except in the case that some criteria about it is in the law related to clinical trials such as 「Pharmaceutical Affairs Act」 and 「Enforcement Rule on Safety of Drugs, etc.」 so these take precedence over. Under 「Bioethics and Safety Act」, the core aspect of the legal standard for obtaining informed consent is the use of statutory form . The use of statutory form ensure that both those who obtain informed consent and those who give it can know the contents contained this form as well as recognize its importance. Thus, the person who has the right to informed consent can sign the statutory form after correct understanding of the contents. In reality, however, some researchers and IRB members determine that only the main informed consent form is to be used because most of contents on statutory from are included in the main informed consent form. Some other researchers and IRB members judge that the use of statutory form is not needed if human materials may only be used for laboratory testing and the rest will not be stored and provided for future use. Most of these determination and judgement is based on the interpretation of the Korea National Institute for Bioethics Policy(hereafter, KoNIBP) on IRB Information Portal Site. But, it is questionable whether the KoNIBP's interpretation is legally valid and the KoNIBP is the legal entity having authority to interpret existing statute. In some cased not only using the main informed consent form including enough information about the collection, use, storage and provision of human materials but also collecting necessary minimum human materials, and discarding the rest, unusing the statutory form may not cause the problem to respect and protect the research participant's rights. Therefore, the provision stipulating the criteria about the use of statutory form as the legal standard of obtaining informed consent that applies all human material research without exception should review to revise. At least, straighten out the confusion surrounding whether or not the statutory form is to be used, before the revision of related provision, considering the logical opinions of some researchers and IRB Members, the Ministry of Health and Welfare as the legal entity having authority to interpret existing statute should represent its opinion about permission of the acceptable exceptions.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.37-61
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• 2013

In modern international law, the absence of legal definition regarding drone(Unmanned Aerial Vehicle) has made legal scholars work on an typical analogy between aircraft codified in the international document and drone. The wording of the Convention on International Civil Aviation is limited to two categories of aircraft, such as civil aircraft and state aircraft, whereas military aircraft is not legally defined. As such it is, the current practices of the State regarding the drone flight over foreign territory have proven a hypothese that drone is being deemed as military aircraft. Principal usage of drone lies in reconnaissance and surveillance mission as well as so-called targeted killing, which is prohibited if the killing is treacherous. Claimed war against terrorism, however, is providing a legal rationale that targeted killing is not treacherous, and that the targeted person is not civilian but combatant. In such context, armed attack of drone is deemed legal and justified. Consequently, such attack is legal in the general context of the war. The rules that govern targeting do not turn on the type of weapon system used, and there is no prohibition under the laws of war on the use of technologically advanced weapons systems in armed conflict so long as they are employed in conformity with applicable laws of war. Drones may present interesting new challenges because of their sophistication and the technological advantage they convey to their operators.

• The Journal of Asian Finance, Economics and Business
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• v.1 no.2
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• pp.31-37
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• 2014

The portfolio selection is one of the most important and vital decisions that a real or legal person, who invests in stock market, should make. The main purpose of this article is the determination of the optimal portfolio with regard to relations among stock returns of companies which are active in Tehran's stock market. For achieving this goal, weekly statistics of company's stocks since Farvardin 1389 until Esfand 1390, has been used. For analyzing statistics and information and examination of stocks of companies which has change in returns, factors analysis approach and clustering analysis has been used (FC approach). With using multivariate analysis and with the aim of reducing the unsystematic risk, a financial portfoliois formed. At last but not least, results of choosing the optimal portfolio rather than randomly choosing a portfolio are given.

• International Journal of Computer Science & Network Security
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• v.21 no.7
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• pp.103-107
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• 2021

The article analyzes the theoretical aspects of the relationship between the right to medical secrecy and the employer's right to receive information on the employee's state of health, resulting in a more complete description of the implementation of the right to medical secrecy and the employer's right to information on the employee's health state and the possibilities of protecting violated rights. The limits of permissible restrictions on the right to secrecy of health in terms of ensuring the person's performance of their job function have been clarified.

• Journal of Preventive Medicine and Public Health
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• v.54 no.3
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• pp.218-219
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• 2021

The identification of human remains can be performed visually through families and next-of-kin, but it is not advisable to rely only on visual recognition; instead, it is preferable to conduct a forensic comparison of antemortem and postmortem data for primary identifiers (fingerprints, DNA, and dental data). A dental autopsy is particularly valuable in the identification process of skeletonized, carbonized, saponified, and fragmented human remains. The principal challenge in the identification process is the search and collection of antemortem data. To this end, all dental information held on a missing person can represent a precious source of individualizing information that families should share with the police or investigating agencies after reporting a disappearance.

• Convergence Security Journal
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• v.24 no.1
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• pp.59-68
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• 2024

With advancements in artificial intelligence technology, intelligent CCTV systems are being deployed across various environments, such as river bridges and construction sites. However, a conflict arises regarding the opening and closing of rooftop access points due to concerns over potential accidents and crime incidents and their role as emergency evacuation spaces. While the relevant law typically mandates the constant opening of designated rooftop access points, closures are often tacitly permitted in practice for security reasons, with a lack of appropriate legal measures. In this context, this study proposes a detection system utilizing intelligent CCTV to respond to emergencies that may occur on rooftops. We develop a system based on the YOLOv5 object detection model to detect assault and suicide attempts by jumping, introducing a new metric to assess them. Experimental results demonstrate that the proposed system rapidly detects assault and suicide attempts with high accuracy. Additionally, through a legal analysis of rooftop access point management, deficiencies in the legal framework regarding rooftop access and CCTV installation are identified, and improvement measures are proposed. With technological and legal improvements, we believe that crime and accident incidents in rooftop environments will decrease.