• Title/Summary/Keyword: National Compensation law

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Analysis of the law and system for crew's occupational illness (선원 직업성 상병 관련 규정 및 제도 분석)

  • Lee Sang-Hyoun;Jun Seung-Hwan
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2006.06b
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    • pp.47-52
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    • 2006
  • Recently, with economic growth and changes of recognition, the many research into vocational disease is in the process of advancing inside and outside of the country and it follows in research and also produce satisfactory results. However, as compared to the crew's service environment, system research into the occupational illness occurring in embarkation service is not accomplished. After attacking the occupational illness, only the research to the compensation is conducted. Therefore, this study examines law and system of the occupational illness based on basic research into crew's occupational disease and after disease preventing and attacking of the crew, give some legal reform measures to support quick and appropriate.

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Utilities Market: The Sphere of Protection of Subjects

  • Dzhumageldiyeva, Gulnara;Zablodska, Inna;Yukhymenko-Nazaruk, Irina;Dovgaliuk, Vita;Suprunova, Irina;Gylka, Ulyana
    • International Journal of Computer Science & Network Security
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    • v.21 no.3
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    • pp.266-274
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    • 2021
  • The study covers three components of the facility for protecting public utilities market participants in the public utilities market: prevention of potential poverty, reduction of existing poverty and compensation to the injured party in a case of tort that exacerbates or threatens to exacerbate its poverty. The analysis is based on official statistical information on the activities of the public utilities sector. Operational information of public utility service providers regarding certain indicators of their activity in the work was not studied. This approach narrows the empirical basis of the study, but at the present stage in the context of different rates of implementation of changes in regions, sectors and at the level of individual entities, as well as lack of uniformity in the structure of indicators published by service providers, analysis allows to identify «bottlenecks» of legal regulation, which are systemic in nature and largely independent of the subjective factor.

A Case Study on Workers' Compensation Approval for a Hospital Nurse's Suicide (병원 간호사 자살에 대한 산업재해 승인 사례연구)

  • Yi, Kyunghee;Choi, Seonim;Park, Bohyun
    • Korean Journal of Occupational Health Nursing
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    • v.28 no.4
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    • pp.271-284
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    • 2019
  • Purpose: This study aimed to examine the process from occurrence of a hospital nurse's suicide to workers' compensation approval, responses of the parties involved, issues debated during approval deliberations, and significant policy changes resulting from the incident. Methods: We conducted in-depth interviews with involved parties and collected various documents, including newspaper articles, forum proceedings, and the agency report on determination of workers' compensation. Content analysis was performed on the collected data. Results: A Joint Task Force continuously reported its progress and findings through mass media such as newspaper, radio, and TV. These activities exerted pressure on a government agency to conduct an occupational disease review and significantly impacted the workers' compensation approval. The agency recognized associations between the hospital's inadequate nurse training and the suicide but did not confirm the excessive overtime and workplace harassment experienced by the nurse as causes of the suicide. This case's media coverage and impact resulted in a law prohibiting workplace harassment and a hospital system dedicating at least one nurse to training activities. Conclusions: This incident had a significant social impact as the first case of workers' compensation approval for a hospital nurse's suicide. However, the case produced no structural changes in nurses' working conditions such as heavy workloads.

A Study on Improvement on National Legislation for Sustainable Progress of Space Development Project (우주개발사업의 지속발전을 위한 국내입법의 개선방향에 관한 연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.97-158
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    • 2010
  • The purpose of this paper is to research on the contents and improvement of national legislations relating to space development in Korea to make the sustainable progress of space development project in Korea. Korea has launched its first satellite KITST-1 in 1992. The National Space Committee has established "The Space Development Promotion Basic Plan" in 2007. The plan addressed the development of total 13 satellites by 2010 and the space launch vehicle by 2020, and the launch of moon exploration spaceship by 2021. Korea has built the space center at Oinarodo, Goheng Province in June 2009. In Korea the first small launch vehicle KSLV-1 was launched at the Naro Space Center in August 2009, and its second launch was made in June 2010. The United Nations has adopted five treaties relating to the development of outer space as follows : The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties has come into force. Korea has ratified the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention and the Registration Convention excepting the Moon Treaty. Most of development countries have enacted the national legislation relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. There are currently three national legislations relating to space development in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Ministry of Knowledge Economy of Korea has announced the Full Amendment Draft of Aerospace Industry Development Promotion Act in December 2009, and it's main contents are as follows : (1) Changing the title of Act into Aerospace Industry Promotion Act, (2) Newly regulating the definition of air flight test place, etc., (3) Establishment of aerospace industry basic plan, establishment of aerospace industry committee, (4) Project for promoting aerospace industry, (5) Exploration development, international joint development, (6) Cooperative research development, (7) Mutual benefit project, (8) Project for furthering basis of aerospace industry, (9) Activating cluster of aerospace industry, (10) Designation of air flight test place, etc., (11) Abolishing the designation and assistance of specific enterprise, (12) Abolishing the inspection of performance and quality. The Outer Space Development Promotion Act should be revised with regard to the following matters : (1) Overlapping problem in legal system between the Outer Space Development Promotion Act and the Aerospace industry Development promotion Act, (2) Distribution and adjustment problem of the national research development budget for space development between National Space Committee and National Science Technology Committee, (3) Consideration and preservation of environment in space development, (4) Taking the legal action and maintaining the legal system for policy and regulation relating to space development. The Outer Space Damage Compensation Act should be revised with regard to the following matters : (1) Definition of space damage and indirect damage, (2) Currency unit of limit of compensation liability, (3) Joint liability and compensation claim right of launching person of space object, (4) Establishment of Space Damage Compensation Council. In Korea, it will be possible to make a space tourism in 2013, and it is planned to introduce and operate a manned spaceship in 2013. Therefore, it is necessary to develop the policy relating to the promotion of commercial space transportation industry. Also it is necessary to make the proper maintenance of the current Aviation Law and space development-related laws and regulations for the promotion of space transportation industry in Korea.

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Non-PDC Static Output Feedback Control for T-S Fuzzy Systems (T-S 퍼지 시스템에 대한 비병렬분산보상 정적 출력궤환 제어)

  • Jeung, Eun Tae
    • Journal of Institute of Control, Robotics and Systems
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    • v.22 no.7
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    • pp.496-501
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    • 2016
  • This paper presents a design method of non-parallel distributed compensation (non-PDC) static output feedback controller for continuous- and discrete-time T-S fuzzy systems. The existence condition of static output feedback control law is represented in terms of linear matrix inequalities (LMIs). The proposed sufficient stabilizing condition does not need any transformation matrices and equality constraints and is less conservative than the previous result of [21].

A Comparative Study on Seafarers' Industrial Accident Compensation System - Focusing on the German Legislation - (선원재해보상에 관한 비교법적 연구 - 독일의 법제를 중심으로 -)

  • Park, Jun-Mo;Park, Sung-Ho
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.4
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    • pp.567-576
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    • 2022
  • Seafarers are exposed to various unpredictable maritime risks due to the spatial specificity of the working environment of the sea; thus, sufficient compensation for injured crewmembers is needed. However, Korea does not provide such compensation. Therefore, this study attempted to examine the Maritime Labor Act and the Industrial Accident Insurance Act of Germany, an advanced European social insurance country, and derive implications compared to Korea. First, we investigated how compensations are managed by a public institution in Germany and by shipowners in Korea. Second, regarding the contents of accident compensation, Germany does not only provide continuous treatment and care through various support systems, but also operates various programs to enable a return to ship work. In contrast, Korea has a temporary compensation system that allows shipowners to avoid liability for accident compensation, which is disadvantageous to shipwrecked seafarers. Finally, in Germany, workers' compensation insurance is public, judged considering the origin of work, whereas in Korea, it is determined by shipowners or insurance companies. Therefore, it is necessary to establish a public institution in charge of crew accident compensation to ensure proper compensation for crewmembers in Korea and to improve the Seafarers Act or system to provide compensation for additional medical care, disability pension, and rehabilitation benefits.

Human-based aviation accidents with air traffic controller torts (항공기 사고와 인적요인 -관제사의 불법행위를 중심으로-)

  • Kim, Sun-Ihee;Baek, Kyeong-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.67-100
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    • 2017
  • Throughout the history of the aviation industry, from its origins in the $20^{th}$century to the present, accidents have always occurred. This paper deals with the legal liability of air traffic controllers, who represent one of the human factors causing these accidents. Though controller negligence turns out to be a main cause of the accident, Korea does not have additional judical case, since it was firstly declared that controller negligence was accountable for the air traffic accident in 1971. As such, we examine the liability of air traffic controllers as public officers. This paper looks not only at the role of air traffic controllers and pilots in accidents, but also at the applicability of controller liability in the context of Korean law. We determine that despite the high-stress environment, air traffic controllers must share in the responsibility to provide safe air navigation. Therefore, they cannot avoid legal liability.

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An Overview and Implication of Apology Law and Disclosure Law in U.S.A. (미국의 사과법 및 디스클로져법의 의의와 그 시사점)

  • Lee, Won;Park, Ji Yong;Jang, Seung-Gyeong
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.81-111
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    • 2018
  • Recently in Korea, public interest about patient safety has increased because patient safety incidents occurred continuously. In addition, as the way of coping with medical personnel and medical institutions after occurrence of patient safety incident became controversial, the necessity of introducing apology law and disclosure law was raised. We analyzed the contents of apology law and disclosure law in U.S.A and critically examined the legislative movements in Korea. First, the Apology law requires that a medical personnel provide apology, consolation, sympathy to the patient for discomfort, pain, damage or death, and that the expression of apology shall be inadmissible as evidence of an admission of liability in civil action or administrative proceeding. The Apology law is divided into 'full apology law' and 'partial apology law' depending on whether mistake, error, fault, liability, and legal liability shall be inadmissible. Meanwhile, Disclosure law enforces or voluntarily enforces the law to communicate with the patient regarding the disclosure of the incident, the cause of incident, the compensation plan, and the measures to prevent the recurrence in the adverse incident that serious harm to the patient. In Korea, the concern about patient safety incidents has been amplified, and as the importance of communication between the medical personnel and patient has been recognized, the revision bill for the "Patient Safety Act", which adopted the U.S.A apology or disclosure law, was submitted to the National Assembly. The purpose of this study was to critically review the contents of the revised legislation based on the analysis of the apology law and disclosure law in U.S.A. and to provide implications for future legislative direction.

Determinants of selecting a doctor in specialized medical institutions and general hospitals (종합전문요양기관과 종합병원의 선택진료 결정요인)

  • An, Byeung-Ki;Park, Jae-Yong
    • Health Policy and Management
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    • v.21 no.4
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    • pp.599-616
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    • 2011
  • This research was performed to investigate the determination factors of medical service to cover the fee for selecting a doctor which is one of the most important causes of debilitating national health insurance in Korea. Data was from Korea Health Panel and analyzed by Dutton(1986)'s medical service model which was an extended Anderson Model and was widely used in the researches on determination factors of medical service. The results were as follows; In the determinants of selecting a doctor in specialized medical institutions and general hospitals, patients with serious diseases selected doctors more often than other patients. By industrial accident compensation insurance law and enforcement ordinances, insurance covers the fee of selecting a doctor in the hospitals appointed by Labor Welfare Corporation for the patients in critical conditions under industrial accident compensation insurance, while health insurance patients pay the fee themselves for selecting a doctor in all cases. It is suggested that patients with serious diseases proved by medical opinion be provided with health care insurance in selecting a doctor and that the health insurance benefit coverage be enhanced by staged lowering of patient's cost-sharing.

The Main Contents, Comment and Future Task for the Space Laws in Korea (한국에 있어 우주법의 주요내용, 논평과 장래의 과제)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.119-152
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    • 2009
  • Korea now has a rapidly expanding and developing space programme with exploration aspirations. The government is giving priority to the aerospace industry and, to put it on a better footing, enacted an Aerospace Industry Development Promotion Act in I987, a Space Development Promotion Act in 2005 and a Space Compensation for Damage Act in 2007. I would like to describe briefly the legislative history, main contents and comment for these three space acts including especially launch licensing, registration of space objects, use of satellite information, astronaut rescue, liability for compensation, third party liability insurance and establishment of committee and plans to assist the Korean space effort. Furthermore author proposed to legislate a new draft for the establishment of a Korean Aerospace Development Agency (KADA: tentative title) to create a similar body to Japan Aerospace Exploration Agency (JAXA), British National Space Centre (BNSC) of UK, French Centre National d'Etudes Spatiales (CNES), German Aerospace Center (DLR), Swedish Space Corporation (SSC), China Aerospace Science and Industry Corporation (CASIC), Indian Space Research Organization (ISRO) as well as the Korean Space Agency (KSA: Tentative title) to create a similar body to Canadian Space Agency, European Space Agency, Russian Space Agency, Italian Space Agency, Israel Space Agency, Indian Department of Space, National Aeronautics and Space Administration (NASA) of USA, China National Space Administration in order to develope efficiently space industry. If the Korean government will be establish the Korean Space Agency as an governmental organization in future, it is necessary to revise the contents of the Government Organization Act. It is desirable and necessary for us to establish an Asian Space Agency (ASA), in order to develop our space industry and to promote research cooperation among Asian countries, based on oriental idea and creative powers.

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