• Title/Summary/Keyword: Legal reason

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Prehospital Care of 119 EMT for Non-traumatic Cardiac Arrest and Improvement to Increase Advanced Care Rate (119 구급대원의 비외상성 심정지 환자의 병원전 처치실태 및 전문 처치율 향상을 위한 개선 방안)

  • Lee, Kyoung-Youl;Yun, Seong-Woo
    • Fire Science and Engineering
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    • v.25 no.5
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    • pp.21-31
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    • 2011
  • This study aimed at evaluating and developing 119 emergency medical technicians' prehospital care for non-traumatic cardiac arrest. Total 322 EMT in Chungnam province and Daejeon city filled out the self-administered questionnaire. The data were analyzed by SPSS 18.0 for descriptive statistics. Among the 322 EMT, 309 (97%) and 169(53%) always or almost performed CPR and AED for nontraumatic cardiac arrest patient, respectively. Among the advanced EMT and nurse, IV were sometimes or not performed at 94.7% and medication including epinephrine which commonly used for survival of cardiac arrest were treated just at 9.3 % (14 person). The reason they did not perform each procedure for airway management, AED or IV was lack of manpower, limit of time or joggle of ambulance and legal restrictions. In conclusion, to increase survival rate of non-traumatic cardiac arrest in out-of-hospital, it is necessary to increase manpower, legal protection of EMS, establishment of standard operating procedure, practice for improvement technique and use of medication for ACLS.

Law of the Sea Problems on Fishery Resources Conservation and Management in the Yellow Sea and East China Sea (황해(黃海)와 동중국해어장(東中國海漁場)의 수산자원(水産資源) 보존관리(保存管理)에 관한 해양법문제(海洋法問題))

  • Lee, Byoung-Gee;Choe, Jong-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.6 no.1
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    • pp.77-91
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    • 1994
  • The Yellow Sea and the East China Sea are the most important fishing grounds for the fishing industry of Korea, China and Japan which are major coastal states of these Seas. But the fishery resources in these fishing grounds are almost exhausted and also the sea region is seriously polluted. Accordingly an international joint countermeasure is necessary to recover the fishery resources and to keep the fishery a continuous industry. The authors inspected the existing fishery policies and international fishery relationship of the three coastal states, and suggested rational conservation and management regime of the fishery resources in these sea regions. 1. At present the legal status of the sea region beyond territorial sea is the high sea, for that reason the international cooperation is urgently needed to establish common regime for conservation and management of the fishery resources. 2. A series of scientific research on ecological system of fishery resources must be carried out in the sea region first of all for that purpose. 3. The existing Korea-Japanese Fishery Agreement and Sino-Japanese Fishery Agreement should be reformed to coincide with the new legal order of the UNLOS Convention, and the Sino-Korean Fishery Agreement should be concluded newly on the identical line. 4. As a conclusion, a joint conservation and management regime through a regional fishery organization or a individual conservation and management regime through the promulgation of exclusive economic zone by each state can be suggested to resolve the fishery resources conservation problem in the Yellow Sea and the East China Sea.

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A plan for the establishment of information ethics in relation to the development of information technology (정보기술의 발전에 따른 정보윤리의식의 확립방안)

  • ;Lee, Kyung-Ho
    • Journal of Korean Library and Information Science Society
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    • v.28
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    • pp.385-413
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    • 1998
  • This study aims to analyze categorically social and ethical problems related to the recent development of information technology and, then to propose measures to prevent the spread of the problems. For this purpose, the study examines the information ethics and information-related ethical education in some of the advanced countries and suggests a measure to establish a desirable information ethics which, through the roles of information experts can increase the convenience of the information society. Particularly, information should have been used in the right manner but it is not. This has caused legal and technical problems and now there is a need for cultural, societal and ethical changes. In fact, new technology and legal - institutional devices may solve those problems caused by the development. However, we should recognize the importance of human in life by taking expected social efforts into broader consideration. it is to be desired, above all, that ethical problems should be discussed toward respecting the interests of both indivisuals and society with the protection of the illegal circulation of unlawful and unhealthy information. Consequently, in order to solve those problems, it is required that remove the negative effects both information providers and users themselves through the enactment and enforcement of information ethics doctrine. The reason is that professionals' decision may be more specific than others. Therefore, specialists who work information fields including computers should reevaluate the a n.0, pplication of ethics and make new regulations. By doing this the rightful advancement of information culture can be accomplishmented and responsible infortizen can be created. Futhermore, primary schools and other institutions, which train technical communication specialists, should teach technical skills, computers, as well as ethnological consciousness when they use information mediums.

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A Study on the Principles of Law for the Establishment of the Landscape Architectural Organization within the Government Office (정부기관내 조경식 설치에 따른 법리와 법제에 대한 연구)

  • 신익순
    • Journal of the Korean Institute of Landscape Architecture
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    • v.27 no.1
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    • pp.1-10
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    • 1999
  • There is no official landscape architectural organization in the current government organization in Korea. Therefore, it is necessary to establish the landscape architectural organization which will carry out the works of the special landscape architectural interest and create the new services with other interested government offices. The contents of the study are as follows; 1. A legal basis for the establishment of the landscape architectural organization is the demand for the introduction of the landscape architectural organization which has 5 types(urban planning, architecture, land register, land surveying, civil work) of the special groups to official organization by changing the 1 article of the Official Appointment Regulations. 2. Theories of law of equality for everyone(the Constitution of Korea : §11(1)), the rights of having pleasant residential life(the Constitution of Korea : §35(3)) and the national duty of employment increase(the Constitution of Korea : §32(1)) are reviewed to provide the legal reason of establishing the landscape architectural organization. 3. With the addition of new landscape architectural organization, it could expand the areas of landscape architects by adding of new landscape architectural subjects into official examinations for government employees. Also it is necessary to exempt the test for those who have licenses and to give additional points in evaluation their works at the end of year to the people who have licenses. 4. The reasons for the creation of new landscape architectural organization into the present official organization are acquired from the derivation of 23 present regulations referring to the landscape architects, the existence of the landscape architectural administrative departments belonging to the Metropolis of Seoul, and the favorable result of the questionnaire on the establishment of the new organization. Hereafter the lawyers should be cooperated with landscape architects to initiate the related principles of law, and it is necessary to analyze each text of the related laws in detail to establish the landscape architectural organization by means of the joint studies.

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An Empirical Analysis on the Fiscal Crisis of Local Governments in Korea (지방자치단체의 '재정위기'에 대한 실증분석)

  • 김범식;박원석;송영필
    • Journal of the Korean Regional Science Association
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    • v.15 no.1
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    • pp.75-92
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    • 1999
  • In this study, the present state of fiscal crisis for local governments after IMF is analyzed, firstly. its implications Characteristics of structural reform of finance after IMF bailout in Korea are examined, secondly. Since Korea was shocked by the currency crisis at the end of 1997, its local governments have also faced fiscal difficulties. The Depression of national and local economies led to decreases in tax revenues of local governments. And these shrunken revenues led to their expenditure cuts. Many investment plans were curtailed, and ordinary expenditures were also reduced sharply. The negative influences of the currency crisis on local government's finances can be examined in terms of fiscal revenue, fiscal spending, and debt burden. As a result many local governments are now experiencing fiscal stress, and some of them are even faced with fiscal crisis although the possibility of extreme measures, such as moratoriums or bankruptcies, is very slim. This is due in part to the weight of debt in local governments' budgets having remained small since the debt of local governments has been controlled by the central government. Another reason is that, central government, which functions as a lender of last resort for the local governments, will pay the debt for them. Also, without a legal system which stipulates the adjudication of bankruptcy for municipalities in Korea, local Korean governments have no legal right to declare bankruptcy. Although not a single municipality has fallen into insolvency, yet, this trend will continue to deepen as the recession continues and may lead to a situation where manu local governments fall into virtual bankruptcy in the near future, and its effects on society, as a whole, will be serious. Therefore, measures to prevent and overcome such an extreme situation are necessary, but both short-and long-term policies should be to cope with the current fiscal crisis and to prevent the deepening of the current situation.

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Legal Issues on Application of Law in Securities Arbitration (증권중재와 법적용의 문제)

  • Han, Cheol
    • Journal of Arbitration Studies
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    • v.12 no.2
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    • pp.337-372
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    • 2003
  • Given the difficulties investors would encounter in pleading and proving their claims in court, they may well be better off in a system where less attention is paid to the law and more to the equities of the actual dispute before the arbitration panel. While this is not a system where accountability and predictability of results can be achieved, investors may fare better than they might expect. It follows then that if equitable considerations enhance rather than subtract from investors' chances of recovery, then investors need not worry about the consequences of the arbitrators' failure to apply the law. This article tracked the evolution of the arbitration process, through amendments to the pertinent securities arbitration codes of procedure, from an informal proceeding into a quasi-judicial one. Subsequently, I examined the practical difficulties arbitrators encounter in their efforts to apply the law. The Court in McMahon assumed arbitrators would apply the law and that the “manifest disregard” standard would provide sufficient judicial oversight to ensure that they did. But there is no meaningful review of arbitration awards to assure arbitrators are applying the law. Arbitration awards have no value as precedent for future arbitrations. Accordingly, there appears to be little reason to write such an award, particularly if the end result is an award immune from challenge no matter how the panel ruled. In these days, securities arbitration as a disputes resolution system is becoming a more popular practice. The trend of the courts in America has been to enforce arbitration agreements. Moreover arbitration helps alleviate some of the burden of a heavy caseload from the judiciary and is a viable method to resolve disputes in a relatively quick and efficient manner. Therefore I think it would be necessary to introduce securities arbitration system to our disputes resolution system Compared to American practices, there could be, of course, many differences in recognition on arbitration and legal structure in our country. Thus it will be an assignment to consider seriously and carefully what kind of securities arbitration system will be proper for us.

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A Study on the Legal Issue of the Application of Navigation Rule for a Collision between Sea-going Vessels and Vessels at Anchor -Focused on Central Maritime Safety Tribunal Decision 2015.1.23. Case No 2015-001- (정박선과 항해선의 충돌사고 시 항법적용에 관한 쟁점 연구 - 중앙해양안전심판원 제2015-001호 재결 사례를 중심으로 -)

  • PARK, Sung-Ho;HONG, Sung-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.28 no.6
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    • pp.1761-1771
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    • 2016
  • In respect of the existing relation between Sea-going Vessels and Vessels at anchor, Korean Maritime Safety Tribunal has applied 'Ordinary Practice of Seamen' that is regulated by the article No. 2 of COLREG. That is, general navigation rule is not applied between the two vessels, and the action to avoid collision of vessels by utilizing experience knowledge of the seamen. However, the content of the Ordinary Practice of Seamen included in the revised plan in the process of 2011 "Maritime affairs Safety Act" revision was deleted in the screening of the Office of Legislation due to the reason that it could not specified when the content of deed is not concertized. Furthermore, prior application regulation of international treaty included in the existing "Sea Traffic Safety Act"(Article 5) was deleted in the screening of the National Assembly. So, doubt about whether the Ordinary Practice of Seamen could be continuously applied according to the regulation of the international treaty, nevertheless not specified in domestic law, has been continuously raised. In this situation, recently Central Maritime Safety Tribunal changed precedent by applying of Article 96(3) of Maritime Safety Act without applying Ordinary Practice of Seamen in the Case No. 2015-001. Accordingly, this study intended to review propriety of precedent change and legal issue with the decision of Central Maritime Safety Tribunal excluding Ordinary Practice of Seamen for a collision between Sea-going Vessels and Vessels at anchor.

Necessity of Intent for Defense in Case of Legitimate Self-defense (정당방위에 있어서 방위의사의 필요성)

  • Yoo, In-Chang
    • Journal of Digital Convergence
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    • v.10 no.7
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    • pp.107-114
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    • 2012
  • Self-defense is defined as 'an act which is performed in order to prevent impending and unjust infringement of one's own or another person's legal interest'(Article 21, the Criminal Act). To establish such a self-defense, it is generally suggested that it requires an intent for defense as subjective element as well as objective precondition of impending and unjust infringement of one's own or another person's legal interest' and considerable reason. Intent for defense which means an awareness for objective circumstance of self-defense is recognized as objective justification element for self-defense. With regard to intent for defense, there are various discussions on not only necessity of such an intent for defense but whether it is necessary for both actor's recognition of circumstance and specific purpose or motive and which should be applied for its punishment in case of lack of the intent for defense: consummated, unconsummated or semi-consummated. However, there is no clear regulations. This article reviews the contents of intent for defense based on opinion that it is necessary for intent for defense and then examines contents on criminal effect in case of lack of intent and intent for defense in case of criminal negligence.

A Basic Study on Analysis of Adequacy for Mandatory Vessels to Participate VTS in South Korea Harbour (국내 관제대상 선박의 적절성 검토에 관한 기초 연구)

  • Bong, Sun-Yeong;Lee, Ho-Young;Park, Min-Jea;Lee, Seong-Min;Kim, U-Hyeon;Lee, Dong-Heon
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2013.06a
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    • pp.429-431
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    • 2013
  • Today the role of Vessel Traffic Service(VTS) is increasing due to the function to preserve the safety of marine traffic and harbour, improve the efficiency of harbour, protect the marine environment. However, Vessel Traffic Service(VTS) lacks the international and domestic legal basis. For this reason it is hard to fulfill the positive and systemic operation of Vessel Traffic Service(VTS). It is essential to establish a domestic legal basis upon which to perform function and role of Vessel Traffic Service(VTS) fully. The purpose of this study is to propose the directing point for the adequate regulation of vessels to participate in Vessel Traffic Service(VTS) by doing a comparative analysis between domestic regulations and other countries's regulations.

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A Constitutional Study on the Unborn Human Life : Focusing on the Right to Life of the Fetus and the Embryo (출생 전 생명에 대한 헌법적 고찰 - 태아 및 배아의 생명권과 그 제한을 중심으로 -)

  • Kim, Eun-Ae
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.39-75
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    • 2009
  • The development of the biomedical science and technology has extended an argument about a status in constitutional law of unborn human life and a protection of the potential human life to that of an embryo and a gamete beyond a fetus. This argument has been focused on whether we should provide unborn or potential human life with human dignity and the right to life that are guaranteed by the constitutional law altogether or separately. If the right to life is given to unborn or potential human life, on what grounds can we restrict this right. Those who argue for the unity of the right to life with human dignity and the inseparability of those two claims that the right to life in itself should be guaranteed absolutely. According to the constitutional law, however, any constitutional right of the human person within the protection of essential part of the right can be compared with each other and restricted with some valid reasons from the legal perspective. This measure is unavoidable in reality because one right can come into conflict with another right frequently. Since fetus and embryo are in a process of developing into the human person, it is difficult to think that they are the same with the human person. For that reason, it is hard to consider that the right to life of fetus or embryo is the same with that of the human person. However, since a fetus has a special status as a potential human person, and an embryo also has a special value as a potential fetus upon an implantation, the right to life of fetus or embryo should be judged differently according to the stage of their development. A study on a constitutional status and protection of a fetus and an embryo is essential because unborn or potential human life is the origin of human person. Therefore, we have to make much account of their right to life and seek the legal respect for their inherent value.

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