• Title/Summary/Keyword: Legal reason

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A Study on a Plan to Make Public of the Closed Minutes and the Non-published Minutes at the National Assembly of R.O.K (국회 비공개회의록 및 불게제 부분의 공표 방안 연구)

  • Kim, Jang-hwan
    • The Korean Journal of Archival Studies
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    • no.35
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    • pp.93-132
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    • 2013
  • It is principle that the National Assembly Minutes are open to the general public based on the Constitution of the Republic of Korea. However, it will not be released to the public when the minutes are produced at a meeting held privately -the closed minutes- and the parts of the minutes are not published because of 'the demands on keeping confidential of the Chairman of the National Assembly or needs for the National Security' based on the National Assembly Act article 118 clause 1. These two minutes infringe the democratic rights, the public's rights to know seriously by reason that there are no procedures to disclose to the public. Especially the non-published parts of the minutes are highly likely in breach of the constitution. This paper will deal with the regulations and guidelines related to the disclosure of the closed minutes focusing on the United States and the United Kingdom where developing countries on the parliamentary democracy. Then, it is suggested placing an emphasis on the legal aspects that the plans to make public of the closed minutes and non published parts of the minutes based on the reviewed results of the committee of the National Assembly Archives and the initiative proposed by the member of the National Assembly, Jung Chang-rae in the last 2004.

The Unconstitutionality of the Disposition Suspending Medical Care Benefits under the National Health Insurance Act (국민건강보험법상 급여정지 처분의 위법성)

  • Park, Sungmin;Woo, Meehyung
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.3-36
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    • 2022
  • In order to solve the pharmaceutical kickback problem, it is needed to establish legal system that allow ways to enable pharmaceutical promotion of medicines without kickbacks as well as provide sanction those who commit illegal act. Before the National Assembly and the government focused on strengthening sanctions. As a result, in 2014, a system of suspending medical care benefits was introduced, which could inflict heavy losses on pharmaceutical companies by withdrawing target medicines from the market. However, three years after the introduction, the system was abolished in 2018, recognizing the problem that the disposition could infringe on the patients' right to access to and choice of medicines. In 2021, the National Assembly made it possible for dispositions suspending medical care benefits regarding the third violation, which remained symbolic until then, replaced with administrative fines. Although the legislator's reflective stance on the system is more than clear, the Ministry of Health and Welfare still interprets that the old law should be applied to kickbacks for the period of the law. Moreover, regarding the substitution of fines at the discretion of the Minister of Health and Welfare under the old law, the narrow standards taken under the old law seems to be maintained. In this paper, firstly pharmaceutical kickback issue, the main reason for the introduction of the system, will be explained, after that the history of introduction and abolition of the system examined and last but not least the unconstitutionality of the system and the illegality of the disposition are to be examined.

Policies and Measures for Managing Personal Digital Legacy (개인의 사후 디지털 기록관리를 위한 정책과 방안)

  • Kim, Jinhong;Rieh, Hae-young
    • The Korean Journal of Archival Studies
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    • no.72
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    • pp.165-203
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    • 2022
  • Many people create records in digital space, and the amount of digital records left after individual dies has increased. The digital record left by the deceased is different from the record heritage that has physical substances. In many cases, the records of the deceased not just belong to the deceased, and many deceased did not explicitly disclose their online accounts and method of dispose of digital records during their lifetime, so this problem may lead to problems of inheritance to the bereaved family. In addition, digital records may be neglected or deleted after a person's death due to software problems, specific platform's terms of use, account deletion by bereaved family, etc. This leads to the problem that daily records, which are important clues to the social aspects at the time, are easily lost. Several studies have revealed that individuals are interested in preserving their digital records, but do not know how to do it, so they are benign neglect. For this reason, it is necessary to pay attention to personal digital records and personal digital legacy, and to prepare related policies and plans. Accordingly, this study analyzes problems related to the management of digital records after an individual's death, related to laws and systems, the status and policies of platforms and industries, the status of personal record management, etc. Various solutions were suggested, such as a need for enactment for digital personal record management act, platform's explicit policy for individual's post-mortem records, digital records management plan for archival institutions, individual's a preemptive management plan for his/her own records, and a method for writing a will related to digital account information.

Legal regulations on telemedicine and their problems (원격의료에 대한 법적 규제와 그 문제점)

  • Hyun, Doo-youn
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.3-33
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    • 2022
  • In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

A Study on the Service Status of Public Domain Works in Digital Library: Focusing on the Case of the National Library of Korea's Expired Works Service (디지털도서관의 퍼블릭도메인 저작물 서비스 현황에 관한 연구: 국립중앙도서관의 보호기간 만료 저작물 서비스 사례를 중심으로)

  • Hosin Lee
    • Journal of the Korean Society for information Management
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    • v.40 no.3
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    • pp.119-142
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    • 2023
  • Copyright is a legal criterion for determining the scope and method of digital library service. Works with expired protection periods correspond to the public domain and can be freely used by anyone. For this reason, it is a priority consideration in digital library construction and services. The purpose of this study is to examine how actively libraries are using expired protected works for digital library services. To this end, the relevant provisions of the Copyright Act applied to the construction and service of digital libraries were first summarized, and the meaning of the copyright protection period was theoretically examined. The current status of online services for expired works by the National Library of Korea was examined, focusing on the works of three Japanese colonial era writers, Kim Yoo-jung, Lee Hyo-seok, and Chae Man-sik, to check the specific service status of expired works. It reveals that the National Library of Korea is not fully utilizing the scope of the law, and that this situation is linked to the rights of other authors included in the book. Based on these results, it suggests that there is a need to change the service unit to focus on copyrighted works and to use authority records to systematize the management of authors' death years.

Criminal Law Issues and Challenges Due to Changes in the Healthcare Paradigm (헬스케어 패러다임 변화에 따른 형사법적 쟁점과 과제)

  • Sun, JongSoo
    • The Korean Society of Law and Medicine
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    • v.24 no.1
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    • pp.43-65
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    • 2023
  • The healthcare industry is a digital healthcare that combines technology based on the 4th Industrial Revolution, dealing with information on individual health and medical care, and is a fusion of health care services and medical science and technology. It is questionable whether digital healthcare according to the paradigm change can be discussed by the concept of medical practice under the existing Medical Act. There is no clear definition of the concept of medical practice in the Medical Service Act, but the concept is established through precedents. In addition, under the Medical Service Act, the subject of medical practice is limited to medical personnel. However, digital healthcare sometimes diagnoses and treats diseases using digital technology by medical personnel. On the other hand, what is possible by non-medical personnel is digital healthcare. This is because digital healthcare is understood as a concept that includes health care such as exercise, eating habits, and weight control. For this reason, if the concept of medical practice under the "Medical Act" on digital healthcare is included, it is subject to criminal punishment for "unlicensed medical practice" prescribed in Article 27 of the "Medical Act". In the health and medical industry, digital transformation and convergence with information and communication technology are rapidly progressing. As a result, there is a need to newly define it as 'digitalized medical practice' or 'information and communication technology (ICT)-based medical practice' separately from existing medical practices. The concept of medical practice has variability, not a fixed and invariable concept. However, in response to this demand, it is not an infinite expansion of the concept of medical practice, but a request to reset its scope. Therefore, the concept of medical practice should be legislated by reflecting the demand of consumers for the medical service system.

A Proposal Based on the Analysis of Each Party Election Pledge Related to Korean migrant workers (한국 이주노동자에 대한 각 정당 선거공약 분석과 제언)

  • Yoon, Miral;Lee, Chun Ho
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.10
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    • pp.883-893
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    • 2018
  • The inflow of Labor Migrants has been grown up to 600,000 people until now with the adoption of Employment Permit System (EPS) in 2004 until now. However the institutional support lack to ensure their rights and improve their conditions. This is because of their consideration ad temporary labors in South Korean society and labor forces rather than the objects of integration. As a result, the legal status and rights of migrant workers are criticized for their utilization rather than human rights, and human rights protection is insufficient. To this context, this paper analyzed the 19th presidential election pledge of the four political parties (Democratic Party, the Liberty Korea Party, Bareun Party and Justice Party) the majority of the Korean National Assembly, and predicted how the policies of migrant workers would evolve. The study found that there were two political parties that did not mention policies for migrant workers, and the remaining two parties also maintained their current policies. This is probably the biggest reason to recognize migrant workers as temporary residents. However, they should also be aware of the fact, that migrant workers are the members of the Korean society and are the owners of human rights that should be guaranteed, and should consider the policy directions to live with them.

Analysis of major issues in the field of Maritime Autonomous Surface Ships using text mining: focusing on S.Korea news data (텍스트 마이닝을 활용한 자율운항선박 분야 주요 이슈 분석 : 국내 뉴스 데이터를 중심으로)

  • Hyeyeong Lee;Jin Sick Kim;Byung Soo Gu;Moon Ju Nam;Kook Jin Jang;Sung Won Han;Joo Yeoun Lee;Myoung Sug Chung
    • Journal of the Korean Society of Systems Engineering
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    • v.20 no.spc1
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    • pp.12-29
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    • 2024
  • The purpose of this study is to identify the social issues discussed in Korea regarding Maritime Autonomous Surface Ships (MASS), the most advanced ICT field in the shipbuilding industry, and to suggest policy implications. In recent years, it has become important to reflect social issues of public interest in the policymaking process. For this reason, an increasing number of studies use media data and social media to identify public opinion. In this study, we collected 2,843 domestic media articles related to MASS from 2017 to 2022, when MASS was officially discussed at the International Maritime Organization, and analyzed them using text mining techniques. Through term frequency-inverse document frequency (TF-IDF) analysis, major keywords such as 'shipbuilding,' 'shipping,' 'US,' and 'HD Hyundai' were derived. For LDA topic modeling, we selected eight topics with the highest coherence score (-2.2) and analyzed the main news for each topic. According to the combined analysis of five years, the topics '1. Technology integration of the shipbuilding industry' and '3. Shipping industry in the post-COVID-19 era' received the most media attention, each accounting for 16%. Conversely, the topic '5. MASS pilotage areas' received the least media attention, accounting for 8 percent. Based on the results of the study, the implications for policy, society, and international security are as follows. First, from a policy perspective, the government should consider the current situation of each industry sector and introduce MASS in stages and carefully, as they will affect the shipbuilding, port, and shipping industries, and a radical introduction may cause various adverse effects. Second, from a social perspective, while the positive aspects of MASS are often reported, there are also negative issues such as cybersecurity issues and the loss of seafarer jobs, which require institutional development and strategic commercialization timing. Third, from a security perspective, MASS are expected to change the paradigm of future maritime warfare, and South Korea is promoting the construction of a maritime unmanned system-based power, but it emphasizes the need for a clear plan and military leadership to secure and develop the technology. This study has academic and policy implications by shedding light on the multidimensional political and social issues of MASS through news data analysis, and suggesting implications from national, regional, strategic, and security perspectives beyond legal and institutional discussions.

A Study on Influencing Factors to build a Counter-Drone system : Focusing on national important facilities (대(對)드론(Counter-Drone)체계 구축을 위한 영향요인 분석 -국가중요시설을 중심으로-)

  • Nam-Il Lee
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.4
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    • pp.483-494
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    • 2024
  • This study is a study on influencing factors to derive considerations when establishing a large drone integrated protection system targeting important national facilities. Currently, drone protection is implemented by piecemeal installation of drone protection equipment developed on the market in response to the needs of government agencies, the military, and national important facilities. For this reason, there is a waste of resources, such as duplicate installation or overlapping operation of equipment, and institutional and legal problems between operations are emerging. Accordingly, we sought to identify factors influencing the establishment of an efficient and systematic anti-drone protection system targeting national important facilities. Considering the research purpose and scope, this study derived 3 influencing factors and 12 detailed influencing factors through case analysis, protection theory research, and analysis of related laws. If the results of this study are used as considerations when building an integrated anti-drone protection system in the future, all national defense elements will be integrated and systematic integrated anti-drone protection will be possible according to their respective roles. In addition, it will provide a theoretical foundation for building an integrated anti-drone protection system. The results of this study are valuable in that they present logical and systematic influencing factors for establishing an integrated anti-drone protection system.

A Study on Medium-Sized Enterprises of Japan (일본의 중견기업에 관한 연구 : 현황과 특징, 정책을 중심으로)

  • Kang, Cheol Gu;Kim, Hyun Sung;Kim, Hyun Chul
    • Korean small business review
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    • v.32 no.2
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    • pp.209-223
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    • 2010
  • Korea's business is composed of a few large-sized enterprises (which can be abbreviated as LSE) and a majority of small-sized enterprises (SSE). Although there has been a growing recognition of the need for the development of medium-sized enterprises (MSE) which can serve as a link between SSE and LSE, as yet there has not yet been a consensus on the definition, characteristics and the function of the MSE in Korea. Nowadays, the world is being globalized, and Japan and China are in competition to ne a great economic power. While East Asia is experiencing rapid changes, promoting MSE which can secure flexibility and efficiency through covering up the limitation of LSE and SSE is needed in order to respond the global market which is being specialized. The features of MSE in Japan can be listed as follows. First, the MSE in Japan is developing the company through getting into niche markets which are hard for major companies to enter rather than developing markets in order to compete against major companies directly. While MSEs are endeavoring to build the business firmly in the domestic market, they can possess special and competitive technical skills through trials and errors; so that they can get a chance develop their business through independent business system rather than putting their effort to compete against major companies. Second, from the MSEs with competitive edge in the market, there are many contributions to the national exportation. Those MSEs produce in domestic and maintain the quality of high price products which need cutting-edge technology, while they relocate the low and middle priced goods to the country where manufacturing costs are low, so that they can maintain the price competitiveness. Third, the industrial structure in Japan is formed from dual structure between major companies and small sized companies. In other words, in Japan's industrial structure which are composed of subcontract structure, this dual structure has taken a major role of small sized companies' growth and manufacturing businesses' international competitive power. Forth, MSE in Japan adopt a strategy of putting their value on qualitative scale growth rather than quantitative scale growth. In this paper, the case of Japanese MSE is analyzed. Along with its long history of Industrialization, Japan has a corporate environment where the SSEs can develop as a MSE and later a LSE through a full-support system. Among its SSEs, there are a number of world class corporations equipped with a large domestic market, win-win cooperation with the LSEs and an independent technology development. It can also be observed that these SSEs develop into MSEs with sustainable growth potentials. This study will focus on the condition under which the MSEs of Japan have been developed, and how they have survived the competition between SSEs and LSEs. Through this study, this paper attempts to offer solutions to Korea's polarization between the SSE and LSE, while providing the basis for SSEs revitalization. In general, if both extremities phenomenon deepen between LSE and SSE, there are possible fears of occurring disutility in national economy by the monopolization of LSE. For that reason, enterprise group, which can make SSE or MSE compete LSE in some area and ease the monopoly and oligopoly problem, is needed. This awareness has been shared for ages long. Nevertheless, there is no legal definition for MSE in Japan, and there is no definition about the enterprise size or unified view of MSE between scholars, but it is defined differently by each of academical person or research institution and study meeting. For that reason, this paper will organize the definition of MSE in Japan, and then will propose the characteristics of the background which has made MSE secure competitiveness and sustainable growth in global market. This study focus on that because through this process, the positive change to the awareness of MSE can be proposed in Korea and to seek the policy direction for building institutional framework which can make SSE become MES. Through this way, the fundamentals for SSE to become MSE can be managed and some appropriate suggestions which will be able to make MSE enter the global market in the future can also be proposed. Due to these facts, this study is very important and well timed task. In a sense of this way, this study will examine the definition and role of MSE in Japan. after this examination, this study will deal with the status, special feature, and promotion policy for MSE. Through this analysis of MSE in Japan, the foundation which be able to set the desirable role model for MSE in Korea can be proposed. Also, the political implication which is needed to push ahead to contribute to creating employment and economic growth through sustainable growth of MSEs in economic system of Korea can be offered through this study. It has been found that Japan's MSE functions as an indispensable link among various industrial structures by holding a significant position in employment rate, production and value added. Although the MSEs took up less than 1% of the entire number of businesses with 2700 manufacturing firms and 7000 non-manufacturing firms, its employment ratios are about 15%, while taking about 25% of the manufacturing industry's exports. In industries such as machinery and electronics which is considered Japan's major industry, the MSEs showed a higher than average ratio of manufacturing exports and employment rate. It can be analyzed that behind Japan's advantageous industries, close and deeply knit MSEs exist. Although there are no clearly stated policies geared towards the MSEs by the Japanese government, various political measures exist such as the R&D Project and the inducement of cooperation between enterprises which gives room for MSEs to participate in the SSE policies. In relation to these findings, the following practical measures can be considered in order to revitalize Korea's MSEs: First, there is a need for a legal definition of MSE and the incentives to provide legal support for its growth. Second, if a law to support the MSEs is established, it could provide a powerful inducement for the SSE to grow as a MSE, rather than stay as a SSE. Third, there is a need for a strategy of MSEs to establish a stable base in the domestic market and then advance to the global market with the accumulated trial and error and competitiveness. Fourth, the SSE themselves need the spirit of entrepreneurship in order to make the leap to a MSE. Because if nothing is to be changed about the system on the firms that grew, and the parts of the past custom was left to be managed alone, confusion and absence of management can take place. No matter how much tax favors the government will give and no matter how much incentive there could be through the policies, there are limits for industries to higher the ability to propagate. And because of that it is a period where industries need their own innovative skills to reform their firms.