• Title/Summary/Keyword: Legal standard

Search Result 518, Processing Time 0.029 seconds

A Study on the Recognition and Enforcement of Arbitral Awards Applied Public Policy by Chinese Court (중국 법원의 중재판정 승인 및 집행에서 공공질서 적용에 관한 연구)

  • Ha, Hyun-Soo
    • Journal of Arbitration Studies
    • /
    • v.21 no.3
    • /
    • pp.115-136
    • /
    • 2011
  • In the past, Chinese arbitral system and Chinese arbitral associations were avoided by international society due to the cases which Chinese court rejected the recognition and enforcement of foreign arbitral awards based on rural protection. Especially Chinese court adjudicated to reject the recognition and enforcement of arbitral awards by interpreting public policy broadly. The abuse of public policy by court threats the existence of commercial arbitration system. Under this awareness, the author figured out Chinese court shows what kind of attitude about public policy of Chinese court in the present through analyzing the cases about rejection of enforcement in Chinese arbitral awards in order to analyze whether Chinese court still maintain the negative attitude like past or there exist changes with public policy which is one of the rejection reasons of recognition and enforcement in foreign arbitral awards as the central figure. Chinese court behaved in an uncooperative attitude about arbitral awards like that it reached a verdict to reject the enforcement of arbitral awards by reason of violation in public policy about several foreign arbitral awards at the beginning stage of establishing arbitration law. However, the situation of abuse in public policy was improved a lot by Chinese prime court which enforces pre-inspection system about judgment of rejection of enforcement in arbitral awards. So, there is no case about rejecting the approval and enforcement of arbitral awards by reason of violation in public policy by Chinese court except Yongning Co. case. Moreover, Chinese court got the trust and support from other countries through reinforcement of applied standard. However, Chinese court had been expressed concern from international society because they highly applied public policy and rejected to enforce arbitral awards in the recent case of Yongning Co.. Therefore, this study examined whether it is appropriate to apply public policy of Chinese court in the case of Yongning Co., and then I concluded that. Although Yongning Co. case is the first case which Chinese prime court agrees with public policy by reason of rejection of approval and enforcement in foreign arbitral awards, in my opinion, it doesn't mean that Chinese court has fundamental change in basic attitude and position about the approval and enforcement of foreign arbitral awards. Chinese court keeps the cautious uses of public policy in legal judgment of foreign arbitral awards and it looks like implementing the obligation in regulation of New York Convention sincerely.

  • PDF

Nurses' Understanding and Attitude on DNR (DNR에 대한 간호사의 인식 및 태도조사)

  • Han, Sung-Suk;Chung, Soon-Ah;Moon, Mi-Seon;Han, Mi-Hyun;Ko, Gyu-Hee
    • Journal of Korean Academy of Nursing Administration
    • /
    • v.7 no.3
    • /
    • pp.403-414
    • /
    • 2001
  • The study was intended to identify the nurses' experiences, understanding, and attitudes on DNR. Also, the study was to provide the data base for a standard of DNR decision-making and practice. The sample consisted of 347 nurses in eight general hospitals. The data were collected between August 1 and August 31, 2000. The data were analyzed using descriptive statistics and $x^2-test$. The results of the study were as follows : 1. Regarding DNR-related experience, 74.6 percent of the participants experienced DNR situations. Eleven percent of the participants received DNR education. DNR was most frequently (81.5%) requested by family members and relatives of patients. The decision-making on DNR was most frequently (76.8%) made by agreement between family members and medical staff. The DNR order was recorded at 81.9 percent on charts. Problems after DNR order were negligence in treatment and nursing care (30.6%) and guilty feelings due to doing the best (22.1%). CPR (cardiopulmonary resuscitation) was performed about 49.8 percent of DNR cases. 2. Regarding understanding and attitude on DNR, most of the participants (93.1%) thought DNR was necessary. The major reasons for the necessity of DNR were impossible recovery (44.4%) and death with dignity (41.1%). The decision-making on DNR was most frequently made by patient and family members (47.8%) and followed by agreement between family members and medical staff (25.6%), and patients themselves (16.4%). Most of the participants thought that medical staff must explain DNR to critical and end-of-life patients and their family members. Forty four percent of the participants thought that the most appropriate time for DNR explanation was when patients with critical disease were admitted to hospitals. Most of the participants (90.2%) thought a guide book for DNR is necessary to be made in hospitals. 3. There were significant differences in the participants' understanding and attitudes on DNR according to religion career education and experience of DNR. Of the participants those who have religions and education experience on DNR thought that there would be more DNR requests after DNR is explained to patients and family members (p<.05). In addition, there was higher understanding on the necessity of DNR in those who have more career and DNR experience(p<.01). The findings of the study suggest that a guide book for DNR need to be made with inclusion of legal, ethical, and cultural aspects. Also, there needs to be more education on DNR in medical ethics to health care professional and to provide more information on DNR to the general public.

  • PDF

A Promotion Plan through Measuring the Utilization of Information Classification Systems in the Construction Industry (건설정보 분류체계 활용도 측정을 통한 분류체계 활성화 방안)

  • Park, Hwan-Pyo;Lee, Jae-Seob
    • Korean Journal of Construction Engineering and Management
    • /
    • v.5 no.6 s.22
    • /
    • pp.90-100
    • /
    • 2004
  • The importance of information management has been emphasized in Korean construction industry, Both public and private have invested to establish and operate construction CALS, construction management (CM), computer integrated construction(CIC), and earned value management system(EVMS). A standard construction information classification system is essential to operate the systems mentioned above. Therefore, Korean government released Integrated Construction Information Classification System(ICICS) in 2001. However, the ICICS is not widely used in construction due to: 1) difficulty of changing existing system, 2) insufficient publicity of the ICICS, and 3) no legal binding force. Especially, participants in construction do not recognize applicability of the ICICS. This research surveyed the degree of recognition and utilization of the ICICS. This survey includes both customized classification systems used by companies and the ICICS and investigates the degree of utilization and drawbacks. The results show some construction companies use their own classification systems and the others use the ICICS prepared by the government. Furthermore, the degree of recognition is in sufficient. The degree of use in design management, specifications, cost and schedule management is very limited. The publicity and education are critical to induce the utilization of the ICICS. The necessity of revision was recommended based on pilot project study that is performed to measure the degree of application of ICICS on the projects. Therefore, this research proposes the measurement model for information application and analyzes the degree of utilization of the ICICS in different phases of construction.

Control of Chemical Residues in Animal Foods - Problems and their Countermesures - (동물성 식품에 대한 안전성 확보의 문제점과 대책)

  • 이문한;신광순
    • Journal of Food Hygiene and Safety
    • /
    • v.5 no.3
    • /
    • pp.139-158
    • /
    • 1990
  • Heavy resposibility is placed on the veterinarian and the livestock and aquatic animal producers to observe the period for withdrawal of a drug prior to marketing to assure that illegal concentrations of drug residues in meat, milk, egg, fish and other animal foods do not occur. This is essential from a public health standpoint because levels of residues in excess of those legalIy permitted in edible tissues may produce injurious effects when consumed over a long time span. With greater use of animal drugs of chemicals required in production of food crops, livestock and aquatic animals, the possibility of human being continuously exposed to drug and chemical residues for a life time is unequivocally evident. Korean authorities concerned Ministry of Agriculture and Fishery and Ministry of Health and Social Affairs, have recenly made their own regulations to control chemical residues in beef, pork and chicken independently. Consequently, inspection for the chemical residues also have been or will be carried out by the two authorities concerned without any cooperations. It is undoubtfulI to have a single regulation and national residue program for control residual chemicals in animal foods and that the tolerance levels should be established in milk, egg, and freshwater fish. Besides, we have no complete standard methods to analyze the residual chemicals and the methods have not been evaluated their efficiency, precise, accuracy and limit of detection. In this paper, the analytical methods and national residue programs in foreign countries are introduced and discussed and the status of animal food safety in this country is also reviewed.

  • PDF

Heavy Metal Content and its Change in Open Storage of Canned Orange Juice (캔 오렌지쥬스의 중금속 함량 및 개봉 저장 중의 변화)

  • Lee, Hye-Sun;Lee, Su-Rae
    • Korean Journal of Food Science and Technology
    • /
    • v.25 no.2
    • /
    • pp.165-170
    • /
    • 1993
  • The average concentration of Pb in 53 samples of canned orange juice currently sold in Korean market was 0.225 mg/kg, and that of Sn, 40.7 mg/kg. There was no appreciable difference in Pb concentration according to elapsed time after manufacturing, whereas Sn concentration increased 0.66 mg/kg per month. During the storage at room temperature or in refrigerator after opening, the Pb concentration increased slowly, reaching 1.7 to 1.8 times of original concentration, whereas Sn concentration increased by 20% per day, resulting in 3 times of original concentration after 7 days. There were no serious changes in Pb and Sn concentration in storage at room temperature or refrigerator for 3 days, when juice samples were opened and transferred to glass container. It is needed that detailed inspection by undertaken to monitor the contents of heavy metals in canned orange juice, since 18% of samples within recommended distribution period exceeded the legal standard for Pb, and recommended that more attention be paid in handling canned orange juice after opening, in order to avoid the hazard from heavy metals.

  • PDF

Physician's Responsibilities in Medical Dispute (의료분쟁(醫療紛爭)에 있어서 의사(醫師)의 주의의무(注意義務))

  • Lee, Joon-Sang;Choi, Baik-Hi
    • Journal of Preventive Medicine and Public Health
    • /
    • v.15 no.1
    • /
    • pp.17-31
    • /
    • 1982
  • A physician assumes toward his patient the obligation to use such reasonable care and skill as is commonly possessed and exercised by physicians in the same general line of practice in the same or similar localities and to use his best judgment at the times. Medical disputes between physicians and patients are, ever more increased in these days as human body, happens to cause a variety of changes in body unlike the function of machine. Such increased trends of medical disputes became a problem in common across the word under the influence of affluent living standard, high consciousness of life value and right by today's people. The aim of this dissertation is oriented to forming a physician's responsibilities in medicalcare accidents arising between physicians and patients. A general physician, for example, has not been negligent merely because, a specialist might have treated the patient with greater skill and knowledge. However, the fact that a physician may have acted to the best of his ability will not avoid legal problems for damages resulting from substandard treatment, that is the degree of care and skill which is to be expected of the ordinary practitioner in his field of practice. The duty of a physician who is, or holds himself out to be, a specialist is greater in the field of his specialty than one who is a general physician. A patient's consent to routine medical procedures is implied from the fact that patient comes to the physician with a medical problem and voluntarily submits to the procedures. For the more serious medical procedures and for major operations, however, it is preferable for the physician to have the patient's consent in writing, to facilitate proof of the consent in the event of a dispute or litigation. Suppose that mistakes on the part of physicians are likely to be blamed in all cases of malpractice. Then it will create a sort of shrinkage in activities of medical treatment. There should be some limitation on excessive application of 'The thing speaks for itself' on mistakes by physicians and availablity of cause and effect. It is a matter of complicity as well as a matter of importance to draw a definite boundary on responsibilities of physician. A series of further research on this particular aspect is strongly urged.

  • PDF

A Study on the Use of Police Force in the Public Assembly: Focused on the Vehicle-wall-blocking and water cannon (집회현장에서의 경찰의 물리력 사용현황과 개선방안: 차벽과 물포 사용을 중심으로)

  • Hwang, Mun-Gyu
    • Korean Security Journal
    • /
    • no.50
    • /
    • pp.307-337
    • /
    • 2017
  • The freedom of assembly is the fundamental freedoms guaranteed by the Constitution. However, as far as our reality is concerned, the freedom of assembly is guaranteed only when it is under the control of the police, and otherwise it is perceived as an object to be suppressed. Police say even that they will not tolerate even a small illegal law while referring to the "broken window theory". Therefore, regardless of the peaceful nature of the rally, it is too obsessed with 'compliance'. This attitude is causing the citizens who participated in the assembly to be put to the object to be suppressed. This paper analyzes the requirements and current status of police force, focusing on the vehicle-wall-blocking and water cannon as a means of using the police force, which is a recent problem, and suggests ways to improve it. First of all, the installation of the wall cuts off the essential communication function of the assembly by separating the meeting place from the object of protest. Thus, despite the warning for prevention in the face of illegal acts, other than installing a barrier, it should be allowed only in the 'urgent case where there is a risk of causing damage to the life, body or property of the person'. Without this urgency, the vehicle-wall-blocking should not be allowed to be proactive as well as preventive. Secondly, the water cannon is a police force that is likely to harm people's life and body. Therefore, aiming shots, which could pose a significant risk to the human body, should in principle be prohibited. However, considering its risk, it should be supplementary used only when there is no other alternative, only when the direct risk to the legal interest of the other person or the order of public well-being is 'obvious'. In addition, as for the use standard of such a thing, it is necessary to be specified by law.

  • PDF

Knowledge and Current Status about AED in the Public Facilities - Focused on the Gwangju City - (다중이용시설에서의 AED에 관한 지식 및 운영실태에 관한 연구 - 광주광역시 중심으로 -)

  • Park, Si-Goo;Park, Chang-Hyun;Chae, Min-Jung
    • The Korean Journal of Emergency Medical Services
    • /
    • v.14 no.3
    • /
    • pp.13-28
    • /
    • 2010
  • Purpose: In this study, we investigated the better application of the law which is about the AED installation and more effective ways of emergency medical care system, to understand the law and to research the current condition of public facilities which belong to local governments, and to seize the aspect of safety guards who currently work in order to provide the installation of AED in the public facilities and to provide more efficient emergency medical service with the effectuation of the immunity law of the good intention of first-aid treatment. Methods: In Gwang-ju, 234 public facilities have been identified by 31 December, 2008. With the exception of the duplication, we researched 158 facilities and received the answers from 95 of them. Results: In the research, 53% of them have had internal emergency first-aid education, and 55% of them didn't have this education and a CPR education manual, and 30% of the facilities even didn't know how to connect with the manager of the company for the first-aid department. On the other hand, most of them were highly interested in CPR and AED education on the ratio of 91% and 93%. 88% of them have been trained about first-aid, 51% of them haven't been retrained, 17% have never been trained. so, the reality of emergency system at public facilities is serious. 78% of them knew they are working at public facilities, though 49% of them didn't know about AED installation. 57% of them didn't know the fact there is the immunity law related with good intentions for first-aid treatment. 63% of the facilities have security guards, and 30% of them didn't answer the questions. Also, many of them agreed to the opinion that all employees should have first-aid training. At representative survey report of participator of public-facility, emergency treatment is 61%, 16% of patients calling. Accordingly they importantly think better doing an on-site first-aid than evacuating the patient. And the rates show that 57% of them answerers tend to call Fire-Office(119) for evacuating the patients, and 28% of them EMIC(1339) for the first-aid. Conclusions: In this study, we are suggest to improve the details of the efficient operations and management after the grasp of the uninstallation, indifference, and unreliable conditions of AED. 1) Need a publicity of AED install cognition which is an emergency medical instrument at public facilities. 2) Arrangement of safety agents at facilities and concerns about them for good management from the parties concerned. 3) Need a designation of legal details according to the decision of the AED installation and the standard of the AED installation. 4) Training about first-aid of safety guards and the persons concerned in the facilities should be practiced participation with the positive and through this, first-aid treatment could be done by anyone who knows the immunity law related to medical emergency. 5) The brochures for the potential users and the results form practicing the instructions need to be improved in many ways through recording the emergency cases that have happened.

  • PDF

A Research on the Japanese Three-Dimensional Road System for Three-Dimensional Development of Road Space (도로 공간의 입체적 개발을 위한 일본 입체도로제도에 관한 분석)

  • Baek, Seung-Kwan
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.21 no.11
    • /
    • pp.309-316
    • /
    • 2020
  • This study analyzed Japan's three-dimensional road system as part of a study on urban regeneration plans through the three-dimensional use of road space. The three-dimensional road system integrates the Road Act, Urban Planning Act, and the Building Standard Act. The advantage of the three-dimensional road system is that landowners can freely use the space above and below the road so that they can live and operate sustainably, and road managers have the advantage of reducing the land acquisition costs because they only acquire rights to the road. In terms of type, it is applied to a variety of integrated and separated structures in elevated roads, underpasses, free passages, parking lots, and monorails. In addition, in the case of development methods, the degree of freedom of development plans is improved by enabling integrated maintenance of roads and buildings. Management stability is improved by applying management and law-based authority according to the Road Act. In this way, the three-dimensional road system provides support to maximize the use of limited available land through the three-dimensional use of road space, and to develop sustainable and good urban areas in development areas.

A Study on the Perception of the Nurses in Cancer Wards of the Complementary and Alternative Therapies (암 병동 간호사의 보완대체요법에 관한 인식 조사연구)

  • Lee, Jung-Ran
    • Asian Oncology Nursing
    • /
    • v.4 no.2
    • /
    • pp.124-134
    • /
    • 2004
  • The major results of this study were as follows : 1. The percentage of nurses who know the complementary and alternative therapies was 50.1% Most of them(70.6%) acknowledged the therapies from newspapers, television and magazines. 2. The complementary and alternative therapy was perceived as effective by 64.9% of the nurses and as trusted by 60.2% of them The effective methods of the therapy are acupuncture herb medicine and massage. 3. Most of the nurses 93.4% experienced getting inquiries from patients or their guardians whether to use the therapies. 4. The complementary and alternative therapies was experienced by 38.9% of nurses and 7.1% of them use the therapies frequently 92.9% of patients and families were satisfied with the result 'Massage Therapy' was used the most with no side-effects and thus higher need of education for nurses. 5. They wanted to be trained for massage therapy finger-pressure, music therapy, acupuncture, aroma therapy in order. 6. Reliance on the complementary and alternative therapies, 75.2% of nurses completed the course trusted the therapies and the result of others uncompleted was similar as 52.2% Moreover both 79.5% of nurses completed it and 61.6% of the others said that the complementary and alternative therapy's nursing interventions is possible to develop. 7. It shows high relation to recognition having possibilities for applying and developing as the nursing intervention. if the confidence is as high as about the complementary and alternative therapies. Based of the results of this study as above this study proposes as follows. First, The nurses should understand mentality of the patients so that the nurses have to put in operation appropriate nursing intervention as accurate knowledge of the alternation therapies using to cancer patients for having on damages to patients from their rash using way. Furthermore, it is necessary to supply the special place and the professional nurses taking complete charge at them. Next politic interest and support from government are required to develop and practice systematic and resonable education programs for the complementary and alternative therapies. Moreover, it is necessary for nurses to be educated about the therapies continually. Finally, it is compulsory that the research and development for complementary and alternative therapies is needed. In addition, it has to be made standard and legal equipment for safety efficacy and theory about the therapies.

  • PDF