• Title/Summary/Keyword: Legal reason

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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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A Study on 3D Visualization Strategy of Cadastral Spatial Information (지적공간정보의 3차원 가시화 방안 연구)

  • Kim, Jae In;Kim, Tae Jung;Bae, Sang Keun;Jeong, Dong Hoon
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.32 no.spc4_2
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    • pp.413-420
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    • 2014
  • Cadastral spatial information closely related to ownership of people is potentially very valuable information. As 3D cadastre has been actively discussed to reflect realistic living territory and legal relationship in recent years, it is highly expected to be created added value before long using that information. However, in aspect of visualization that performs an important function for decision making by facilitating intuitive thinking about spatial information, systematic solution has not been suggested to visualize the cadastral spatial information on a map with existing 3D spatial information. For that reason, in this paper, visualization method was proposed to integrate the cadastral spatial information with the existing information effectively. Requirements for 3D cadastral spatial information system were drawn based on literature review, and then specific visualization method was established by constructing user scenarios. Research results of this paper are highly expected to be applied to the integration work with the existing 3D information on a spatial information open platform.

A Study on Interaction Design for Improving Usability of Random item box in Korean Mobile Game (국내 모바일 게임의 확률형 아이템 사용성 개선을 위한 인터랙션 디자인에 관한 연구)

  • Choi, Seong-Hun;Kim, Seung-In
    • Journal of the Korea Convergence Society
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    • v.9 no.2
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    • pp.137-143
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    • 2018
  • This study is an interaction design study which can improve the usability of random item boxes that are used as in - game contents in Korean mobile games. Currently, Korean mobile game sales continue to rise. Sales of random item boxes are the main reason for the increase in sales. Problems with the use of random item boxes have been continuously raised, and legal regulations are currently in place. When using random item boxes, the user can not know the exact percentage information. There is a concern that this expresses gambling. In this context, we have studied interaction design to improve the usability of random item boxes, and conducted user online surveys and in - depth interviews to provide users with a better game experience. As a result, it is shown that providing percentage information intuitively when using random item boxes can enhance user experience. Through this study, it is expected that interaction design research will be actively conducted to provide a better user experience when using random item boxes.

Improvement of Regulations for Establishing Spatial Information Data Base of Railway Facilities (철도시설 공간정보DB 구축을 위한 법제도 개선방안)

  • Chung, Sung Bong;Choi, Ji Ho;Won, Jongun;Kim, Dongsun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.37 no.1
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    • pp.187-193
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    • 2017
  • Government has established and operated GIS Data Base in such fields as land-use, road, and underground facilities since 1995. Based on these circumstances, the importance of spatial information industry began to emerge and accordingly MLIT (Ministry of Land, Infrastructure and Transport) established "National Spatial Information Policy Master Plan" and "National Spatial Information Policy Action Plan". However, compared to other fields of transportation, the spatial information data base for railway facilities are not established and provided systematically. As shown in 'Korea National Spatial Data Infrastructure System', only 'transportation information' as an related information and 'transportation' field as an administrative information are included in the system. Detailed information for railway and its facilities are not included in the system. The reason why detailed information for railway facilities are not included in the system is that regulations for establishing and utilizing the spatial information of railway and its facilities are imperfect. In this study, trend of establishing spatial information and regulations related to railway and its facilities are reviewed. Through this review, improvement items such as complementing existent laws and establishing organization for managing spatial information data of railway are deduced and suggested. Based on this research 'Korea National Spatial Data Infrastructure System' could set a legal fundament and both integrated maintenance and operation of railway facilities could be possible.

A Comparative Assessment Between ACSS of Canada and FedACH of America as a Electronic Payment System (전자결제시스템으로서 캐나다의 ACSS와 미국의 FedACH의 비교연구)

  • Lee, Byeong-Ryul
    • International Commerce and Information Review
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    • v.18 no.1
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    • pp.55-78
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    • 2016
  • This paper discusses on Electronic Payment System between U.S.A. and Canada. In particular, I focused on ACSS compare with FedACH(Fed Automated Clearing House) to advance a research effects. Because both of them is a low-value, high-volume retail payment system which their countries represent. The ACSS(Automated Clearing Settlement System) is the system through which the vast majority of CPA payment items are cleared, through various payment streams. In 2014, ACSS system cleared approximately 6.8billion payments worth a total value of $ 44.9 trillion. While, The FedACH Network are the center of America Commerce, moving more than $40 trillion each year. That's made up of almost 23 billion electronic financial transaction, including direct deposit via ACH, social security and government benefits, electronic bill payments such as utility and mortgage payments. Thus in this article, first of all, I considered features of payment system and the types of payment items between ACSS and FedAch. Second, I analyzed the status of central bank and legal background. Third, I focused on the operational policy and risk aversion policy. Lastly, I suggested that their payment and banking system have to assume, with good reason, more efficiently accurately and securely operation to protect their customer from credit risk and financial fraud.

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A Study on the Integrated Management System of Municipal Solid Waste from Seoul Metropolitan City (서울시 일반폐기물의 통합적 관리체계에 관한 연구)

  • 우세홍;홍상균
    • Journal of Environmental Health Sciences
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    • v.19 no.4
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    • pp.51-58
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    • 1993
  • The integrated solid waste management for Seoul Metropolitan city can be established on the basis of the following hierarchy of priorities: 1. Efforts for source reduction should be propelled by both government and citizens to achieve the effects of resource conservation. The adequate production and consumption which are environmentally amenable and sustainable can be induced by the reasonable imposition of deposit money for waste treatment to one-time use products. To accomplish source reduction effectively, the induction of legal and institutional regulation of producer and consumer participation is requisite. 2. For resource recovery, wastes generated should be recycled as far as practicable. Community residents are responsible to separate discharge, the authorities concerned have responsibility of separate collection, and recycling industry should be assissted through tax reduction and financing. Resource separation facilities can be constructed at Kimpo Metropolitan landfill site for wastes not separately collected due to some unavoidable circumstances. 3. Garbage should be composted. Garbage is uneconomical for incineration, because it has high moisture content and low calorie, thus there is no reason for the incineration of garbage even though garbage is classified into combustibles. Composting facilities can be located at sites which are not densely populated and easily accessible to transportation, for example, Kimpo Metropolitan landfill site. Compost produced can be managed by the authorities for the use of fertilizer to a green tract of suburban land and farms. 4. Nonhazardous combustible wastes not recyclable can be utilized for thermal recovery at the incinerators which are completely equipped with pollution control devices. According to the trend of local autonomy and the equity principle of local autonomous entities, incineration facilities of minimal capacity required can be constructed at each districts of Seoul Metropolitan city which have organized local assembly. In case of Yangcheon district, the economically combustible waste quantity is about 260 tons/day which exceeds 150 tons/day, the incineration capacity of existing facility. But, from now on, waste quantity can be reduced substantially by the intensive efforts of citizens for source reduction and recycling and the institutional support of administrative organizations. Especially, it is indispensable for the government to constitute institutional and technological bases that can recycle paper and plastics form 43% of waste generated. A good time for constructing of incineration facilities for municipal solid waste can be postponed to the time that pollution control technologies of domestic enterprises are fully developed to satisfy the standards of air pollution prevention, because the life expectancy of Kimpo Metropolitan landfill site is about 25 years. Within this period, institutional improvements and technological advancements can be attained, while the air qual. ity of Seoul Metropolitan city can be ameliorated to the level to afford incineration facilities. 5. For final disposal, incombustibles and ash are landfilled sanitarily at Kimpo Metropolitan landfill site.

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A Comparative Study on Institutional Influence Factors of Firm's Motivation of Participating and Investing in Apprenticeship in Germany and Korea (기업의 도제훈련 참여 및 투자 동기의 제도적 영향요인: 독일-한국 비교 연구)

  • LEE, Hanbyul
    • Korean Journal of Comparative Education
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    • v.27 no.1
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    • pp.247-284
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    • 2017
  • The purpose of this study is to analyze firm's motivation of participating and investing in apprenticeship in Germany and Korea, and to investigate institutional factors influencing firm's motivation. By comparing institutional factors of the two countries, it aims to drawing out policy implications for improving Korean apprenticeship. The main method for data collection was comprehensive literature review on international organizations, each countries' government and research institutes' policy materials, statistical data, research outputs and media resources related to each countries' apprenticeship. Considering whether firm's motivation for participating and investing in apprenticeship is production-oriented or investment-oriented, Germany is more inclined to investment motivation with firm's covering net cost during apprenticeship period. On the other hand, Korea is more inclined toward production orientation with firm's expectation of gaining net profit during the training period. Why is firm's training motivation different in these two countries? The author tried to find the reason from the difference of institutional factors of the countries by dividing institutional factors into 4 categories: context(tripartite relations, legal framework), input (flexibility of the system, government incentive), process(training contents, training duration, quality assurance), and output(completion/retention rate, apprentice's productivity). The key implication from the comparative analysis of institutional factors is that it is necessary to enforce companies to have "accountability" on the minimum critical elements, but also to ensure them to have "autonomy" on the rest of the elements.

A Study on the Necessity and Direction of Regulations on the Emission of Hazardous and Noxious Substances from Marine Industrial Facilities (해양산업시설의 위험유해물질 해양배출 규제체계 개선의 필요성과 규제방향에 대한 연구)

  • Lee, Moonjin;Kim, Kyewon;Kang, Wonsoo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.6
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    • pp.737-743
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    • 2021
  • In this paper, the current status of marine industrial facilities, regulatory legal systems, and emission status of hazardous and noxious substances (HNS) in these facilities were analyzed, and the direction of improvement of the regulatory system was presented accordingly. As a result of the analysis, it is estimated that about 1,100 marine industrial facilities are subject to the Marine Environment Management Act of 2007. It is estimated that 190 kinds of hazardous substances are discharged from these marine industrial facilities and are highly likely to flow into the ocean, of which 20 are estimated to be discharged into the water system. However, due to the lack of relevant laws and regulation, it is difficult to clearly determine whether the discharged material corresponds to an exceptional discharged material, making it difficult to effectively enforce regulations in the field. For this reason, effective regulatory enforcement is difficult in the regulatory field. The marine environment management law should clearly stipulate the exceptional emission standards and types of substances, and clarify the selection system, risk assessment system, and emission information collection and monitoring system for related Hazardous and Noxious Substances.

A Liability for Damage caused by Drug (의약품 부작용과 손해배상)

  • Song, Jinsung
    • The Korean Society of Law and Medicine
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    • v.21 no.3
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    • pp.77-116
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    • 2020
  • The use of drugs that reflect the experiences and achievements of modern science has given human being the benefits of treating diseases and improving health conditions. However, in addition to the benefits of those, medicines have inherently inevitable adverse reactions. Many countries are taking measures such as market entry regulations or post-marketing surveillance to minimize damage caused by drug side effects, but the occurrence of side effects cannot be eliminated. Although the damage is force majeure, in some cases, the doctor who prescribed the drug or the pharmacist who administered the drug may have to compensate for the damage. The liability depends on whether the side effects were known in advance, the type of medicine, etc. On the other hand, in some cases, drug manufacturer may have to take liability for the side effect itself. As it is not easy for victims to be compensated for damages in those cases, many countries, including Korea, are setting to protect victims through the Product Liability Act. Drugs are also one of the product, so liability set by the Product Liability Act may apply. Even before the enactment and enforcement of the Product Liability Act, damage caused by drug has occurred. To resolve them, precedents have developed case law, which have many similarities with the Product Liability Act, but also have differences. Damage caused by drug manufactured prior to the enforcement of the Product Liability Act may occur in the future. In this context, the legal principles of the case laws will remain valid and be applied. This is an important reason to review the case law of precedents.

A Review of Improvements for Providing Safe and Secure Environments for Medical Treatment (안전한 진료환경 구축을 위한 정책 개선과제)

  • Choe, A Reum;Kim, Sung Eun;Baek, Kyoung Hee
    • Health Policy and Management
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    • v.29 no.2
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    • pp.105-111
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    • 2019
  • On December 31, 2018, an incident occurred where a doctor was attacked and killed by a patient carrying a lethal weapon in the outpatients' clinic of the psychiatric department of a tertiary general hospital. The suspect was diagnosed with bipolar affective disorder (manic depressive disorder) and has been hospitalized and cared for in the psychiatric ward of this hospital. This incident illustrates the necessity of more active cures and therapeutic intervention for mental patients with intellectual developmental disorders who require treatment considering the fact that a radical outcome has been caused by such a patient. However, on the other hand, there is also a need for an approach and analysis from the perspective of crime prevention for all medical departments. The reason for this is that even a tertiary general hospital equipped with the largest human resources, medical devices, facilities, and so forth, is susceptible to violence. As for illegal actions perpetrated against health and medical service personnel in medical institutions, such as verbal abuse, assault, injury, etc. there have neither been understanding shown for the current extent of damage in detail, nor discussions of active institutional improvement related to the seriousness of the act. It can be said that violence in the field of medical treatment is a realm requiring serious discussion and appropriate remedial actions. This is because when such incidents take place, if a patient who is supposed to get treatment from the damaged health care provider is in an urgent situation or on the waiting list of serious cases, he or she could suffer serious damage caused by deprivation of treatment opportunity, or secondary damage might be caused to the patient and/or a guardian who can hardly have an opportunity to take action. Accordingly, in this review, we would like to help create the necessary conditions for both health and medical service personnel and patients/guardians, respectively, to provide and receive medical treatment in a more secure environment. Therefore, objective assessment of the institution and issues relating to this aforementioned incident and general cases of violence occurring in medical institutions, and by suggesting legal and institutional improvements and solutions.