• Proceedings of the Korea Technology Innovation Society Conference
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• 2017.11a
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• pp.547-566
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• 2017

연구비의 부정은 연구부정행위(Research misconduct)와 연구비부정집행(Research grant fraud)으로 나눌 수 있다. 미국의 경우 연구비와 관련이 있는 이 두 행위에 대해 "부정청구방지법"을 적용시켜 강한 법집행을 하고 있다. 반면 한국의 경우는 부정적발사례는 수천 건에 달하나 사법처리까지 가는 경우는 매우 드물며, 처벌 수위가 솜방망이라 연구자들이 이에 대한 경각심이 부족하다. 미국의 대표적인 민사사례의 연구비 부정 집행 사례는 예일대학의 연구비 부정 집행이다. 예일 대학은 정부에 연구비를 부정하게 청구한 혐의로 760만 달러의 벌금을 냈다. 대표적인 형사사례는 최근에 발생한 Haifang Wen 연구비 횡령사건으로 현재 재판이 진행 중이며 최대 징역30년과 벌금 100만달러가 예상되고 있다. 반면 한국의 경우 대표적인 형사 사건으로는 xx대학의 연구 조작으로 인한 연구비 집행으로 징역2년에 집행유예3년으로 처리되었다. 미국의 사례를 바탕으로 한국의 연구비 부정사용을 효율적으로 방지하기 위해 다음과 같은 3가지 개혁이 필요하다. 첫째, 내부 고발자를 보호하고 고발자에게 강력한 인센티브를 제공하는 방향으로 법체계를 개혁해야 한다. 둘째, 연구비 부정사용에 대해서는 민 형사 상 가중처벌을 할 수 있도록 관련법을 개정해야 한다. 셋째, 연구비 부정이 발생하였을 경우 대학 산학 협력단 등 주관연구기관도 민사부문에 한해서는 연대책임을 지도록 관련법을 정비해야 한다.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.41-69
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• 2012

First introduced in 1977, Korean health care system reached to national coverage in short period of time never seen before in any other countries, and rated as successful system protecting the health of the public at relatively low price. However, despite those positive evaluations, some of fraudulent medical organizations or pharmacies are hindering the sound development of the national health care system with meticulous false billing exaggerating the number of patients or the days of their treatment. To prevent aforementioned nursing home fraud and false billing, the misconduct should be punished as subject to the criminal law and severally punished for fines and payments which far exceed the expected amount of illicit gains as it is basically violation of criminal fraud, other than the forced return of illicit gains based on civil laws. Furthermore, the Health Insurance Review and Assessment Service should strengthen and complement the fraud investigators, the review process, and the professional training to raise the detection rates. It might also want to review ways to implement whistleblower rewarding system and rewards for evidences of healthcare fraud to overcome the limits of external review.

• Journal of Contemporary Eastern Asia
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• v.21 no.1
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• pp.53-71
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• 2022

The overall purposes of this study are to identify actions taken to counter predatory publishing practices as well as to propose an ICT-based model to detect such practices. The need to raise quantitative performance metrics to support career goals has created immense pressure on researchers to publish in the literature as frequently as possible. This "publish or perish" syndrome appears to be fueling a rise in scholarly journals and conferences that provide quicker and easier routes to publication. However, such avenues sometimes involve questionable academic practices with important ethical ramifications. One notable example is the proliferation of predatory publishing, including predatory journals and fake conferences. The widening impact of such activities is beginning to prompt academic societies, publishers, and institutions to take measures. This paper discusses the issues on predatory publishing practices, and some of the actions taken by various stakeholders to address these practices. In order to build a transparent and sustainable scholarly publishing ecosystem, this study highlights multi-dimensional and specific solutions, including reforms to research ethics codes, research management rules, and legal protection from exploitative practices. This paper proposes an ICT-based cooperative model for monitoring of predatory publishers as a potential solution to create a sustainable and transparent infrastructure for a scholarly publication system guarding against misconduct in publishing practices.

• Journal of Research and Publication Ethics
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• v.3 no.1
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• pp.13-16
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• 2022

Purpose: The purpose of this study was to remind the importance of research ethics in research and publication, and to suggest the direction of research ethics by taking examples of research ethics recently implemented by KJFHC. Research design, data and methodology: With reference to the research of existing researchers, why research ethics is important, what are the violations of research ethics, and the efforts of the editorial committee of KJFHC to strengthen research ethics are presented as an example. Results: It is a reality that the concept of research ethics is becoming more complex and important with the introduction of various new academic fields. At this point in time, researchers need to pay more attention to the easily overlooked concept of research ethics. In research ethics, the most important thing is not punishment through monitoring and supervision, but prevention activities of research ethics that can prevent research misconduct before it occurs. As a preventive activity for research ethics, it can be said that the most important is the establishment of a systematic education system and active educational activities of universities and related institutions. Conclusions: This study avoids the general status and solutions for research ethics, and explains the case of the actual academic journal KJFHC and suggests alternatives.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.35 no.1
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• pp.221-241
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• 2024

The purpose of this study is to suggest the direction of korean universities' research ethics guidelines in line with the changing research environment. To this end, the relationship between research data management and research integrity was identified by analyzing domestic and international research ethics guidelines and principles related to research integrity, and the current status of research data-related guidelines of overseas research colleges was confirmed. Comparing the results of this analysis with the statistical results of the contents related to "research data" in the university research ethics guidelines for 204 four-year universities in Korea, this study drew implications for securing research ethics, which are national research ethics guidelines, and for aspects related to research data in each university's research ethics guidelines.

• Journal of Research and Publication Ethics
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• v.5 no.1
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• pp.13-18
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• 2024

Purpose: Since 2006, social, ethical, and institutional options have been attempted in Korea to establish research ethics; however, the effectiveness of these attempts has not been thoroughly examined. Studies have been conducted abroad to determine the timeliness of social, ethical and institutional alternatives, such as the adoption of laws governing research ethics, the improvement of research ethics education, the bolstering of systems, the introduction of incentive programs, and the creation of social environments that support research ethics. Research design, data, and methodology: Specific facets of research misconduct or research ethics must be investigated and verified. Aspects of moral growth at the person level must be investigated via research ethics and research ethics education. Results: There is an increasing need for the general public to define and uphold research ethics as the impact of research findings on society grows. Researchers can boost their confidence in their ethical judgments and actions by being aware of research ethics. This may lead to confidence in their capacity to make morally sound decisions. Conclusion: By doing this study, the researcher confirmed that ethically correct behavior can lead to and realize self-growth. Researchers may be more interested in and dedicated to their work when they feel that their research might help them mature and develop ethically.

• Korean Journal of Construction Engineering and Management
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• v.21 no.6
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• pp.56-65
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• 2020

Urban renovation projects (reconstruction and redevelopment) have a longer licensing period than general housing projects, and many consultations with the licensing authorities require expertise. Most of the members of the union do not have basic knowledge of the maintenance business, so they have a lot of authority to promote smooth business Is entrusted to the union leader. However, contrary to the original purpose entrusted by the members, it is easy to find a case where the business is suspended because the union leader is exposed to corruption for the private interests of the union, and the members' disputes could not be resolved. In order to overcome this risk, the problem of the maintenance project was found through a questionnaire survey composed of practical experts, and a solution was presented through the KCSI evaluation model. This study mentioned the necessity of a responsible CM that can make independent business decisions without interference from the union, rather than a management-type CM limited to the cooperative's work assistance. In order to promote the construction industry's national role, it was necessary to revitalize responsible CM, so six practical alternatives were proposed.

• Journal of the Korean Institute of Navigation
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• v.18 no.3
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• pp.51-79
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• 1994

Section 55 (1) of the Marine Insurance Act 1906 states that the insurer is liable for any loss proximately caused by a peril insured against but is not liable for any loss not proximately caused by a peril insured against. It is, therefore, essential to determine whether it is to be recoverable under the Marine Insurance Policy attaching the Institute Cargo or Hull Clauses. But a number of important losses are excluded from the policy by subsection 2 of the same section, unless the policy otherwise provides, although these losses are proximate causes of them. The purpose of this study is to investigate the meaning of proximate cause and excluded losses in the Act. The method of this study is a literature survey. In summary, (1) if the loss is considered to have been proximately caused by a certain peril, and the peril is insured against, the claim is recoverable, (2) if there are different causes resulting in separate losses, the claims recoverable will be those due to insured perils, (3) when the effective cause of the loss is established, remote causes can be ignored, (4) when causes of loss are combined, the claim is recovera-ble if the cause which is proximate in efficiency is an insured peril, (5) if there are two causes, equal in efficiency, the loss is recoverable if one of the causes is an insured peril, but always providing the other cause is merely an uninsured peril rather than a specific exclusion, (6) although certain losses are exclu-ded by section 55 (2) of the Act, with the exception of wilful misconduct of the insured, it is permitted for provision to be made in the policy to widen the terms to include such losses.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.345-366
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• 2014

Because the health care or medical sector has such characteristics as publicity, professionality, and exclusivity, it cannot be left to the free market system. As a consequence, the state has restricted the establishment of medical institutions in order to protect the life and health of people. Also, the medical law has regulated to permit the establishment of medical institutions by only medical personnel and a few corporate bodies and to ban the establishment of medical institutions under disguised ownership as well as double opening of medical institutions by medical personnel. Nevertheless, there are still many cases that non-medical personnel have dominantly established medical institutions under disguised ownership of other medical personnel or nonprofit corporation. Because they are willing to recover their investment costs as soon as possible, these illegally established medical institutions are likely to make patients undergo unnecessary tests or to perform the excessive treatments and, as a result, are likely to cause infringement on the health and lives of the people. In addition, even if the misconduct is uncovered, the rate at which the costs already paid is very low and, as a result, the damages are straightly connected to the people's loss. On the other hand, there are also increasing number of cases that medical personnel or nonprofit corporations are establishing medical institutions against the medical law regulations. The examples of this illegality are also the double opening of medical institutions and the establishment of medical institutions under disguised ownership by medical personnel or nonprofit corporations. And the damages in these cases may not differ from those in the above cases. In this study, regarding medical law regulations restricting opening a medical institution, I will review the intent of those regulations, the type of violations and criminal punishments, and the possibility of recovery from unlawful profit by the National Health Insurance Act. And then, I would like to find a way for rational improvement of each.

• Journal of Digital Convergence
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• v.18 no.4
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• pp.163-176
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• 2020

The strong demand for corporate social responsibility has led to growing consumer boycotts of corporate misconduct. Although there are differences over the legality of the boycott, it is important to develop the boycott in an effective and correct way because of its positive effects in terms of consumer rights and society. This study identified the factors and their influences on the intention of continuing and stopping boycotts when the boycott was becoming popular. In addition, in accordance with the duration(low/high) and intensity(low/high) of consumer boycott participation, the relative influence of antecedent factors on the continuous and discontinuous intention of boycotts was examined. A total of 272 questionnaires were collected from consumers currently participating in the boycott and analyzed. The analysis showed that the preceding factors had discriminatory effects on the intention of continuing and stopping the boycott, and the effects of the preceding factors on the intention of continuing and stopping the boycott were different depending on the duration and intensity of the boycott. Based on the research results, this study suggested implications, limitations, and future research directions.