• Title/Summary/Keyword: National Public Service Law

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A Study on the Legal and Institutional Position and Role of Korean Medicine Doctors working at Public Health Center (보건소 근무 한의사의 법.제도적 지위와 역할에 관한 연구)

  • Im Jin-Taek;Lee Sang-Ryong
    • Korean Journal of Acupuncture
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    • v.19 no.2
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    • pp.149-165
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    • 2002
  • Objective : We proposed fundmental rules of prospective on legal and institutional position and role of Korean medicine doctors working at public health center. Methods : By the result of this research on the current situation, the grade and allowance given to the Korean medicine doctors working at public health center were different every self-governing body. Results : The reason the Korean Medicine Doctor can't serve as a regular order of 5th grade is that the 'The Enforcement Regulation about Administrative Organization and the Standard of Pixed Number of person of Self-Governing Body(지방자치단체의 행정기구와 정원기준등에 관한 규정 시행규칙)' prescribes the number of regular order of 5th grade is regulated within 7% among the number of regular order officials. But not appointing to office as the regular order of 5th grade infringes on the Constitution, the highest law. The reason the Korean Medicine Doctors can't be appointed to office as the regular order officials by the self-governing body is that 'The Enforcement Order of the Law of Preservation of good health of Local Area(지역보건법시행령)' prescribes the Korean Medicine Doctors are not indispensable to Public Health Center. But in fact, the Korean Medicine Doctors can execute many kinds of work such as medical examination or instructing house nursing. Conclusion : The Korean Medicine Doctors working at Public Health Center serve at low positions as daily use or common use, not receiving a regular order. All laws including the Constitution(헌법), the Medical Services Law(의료법), the Law of Preservation of good health of Local Area(지역보건법), the National Public Service Law(국가공무원법), the Local Public Service Law(지방공무원법) and the Law of Higher Education Law(고등교육법) describe that the Korean Medicine Doctors and the Western Medicine Doctors are equal to their position and right.

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Noncommerciality and problem of a medical corporation under the present law (현행법상 의료법인의 비영리성과 문제점)

  • Baek, Kyoung-Hee
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.291-328
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    • 2007
  • Under the present law, a medical corporation has the legalistic character of a noncommercial corporation and its commerciality is restricted by public service. In a recent precedent, however, a judgment has considered the service part in medical practice. The tendency of a precedent is that both commerciality of a medical institution and medical corporation are allowed to be pursued under fundamental order-observance. This change is found in china and india, which consider a medical service as national industry. In the case of ours, the now government demonstrate the industrialization or the market of medical service through promotion of commerciality of a medical corporation. This paper deal with the meaning of a medical corporation and the present condition of medical market under the present law and recommends a tendency of law policy through study of foreign's and our precedent for commerciality of medical advertisement and medical corporation.

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SNA Pattern Analysis on the Public Software Industry based on Open API Big Data from Korea Public Procurement Service (조달청 OPEN API 빅데이터를 활용한 공공 소프트웨어 산업의 SNA 패턴 분석)

  • KIM, Sojung lucia;Shim, Seon-Young;Seo, Yong-Won
    • Informatization Policy
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    • v.24 no.3
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    • pp.42-66
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    • 2017
  • This study investigated the ecological change of public software industry, comparing the pre and post structure of industry network based on the application of the regulation restricting large company participation in public software market. For this purpose, we used big data of the software market from Korea Public Procurement Service and used the SNA(Social Network Analysis) methodology which is being actively used in the area of social science recently. Finally, we highlighted the contribution of open public data. By analyzing order and contract data of the public software industry for 3 years - from 2013 to 2015 - we found out two main things. First, we observed that Power Law distribution had been going on in the public software industry, regardless of the external impact of regulation. Second, despite the existence of such Power Law distribution, we also observed the ecological change of industry structure from year to year. We presented the implication of such findings and discussed the advantage of open public data as the original motivator of this study.

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.

Current Problems of Criminal Law Protection of Information Relations in the Border Sphere

  • Kushnir, Iryna;Kuryliuk, Yurii;Nikiforenko, Volodymyr;Stepanova, Yuliia;Kushnir, Yaroslav
    • International Journal of Computer Science & Network Security
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    • v.21 no.11
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    • pp.171-176
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    • 2021
  • The article considers some issues of criminal law protection of information relations. With the emergence of new types of threats to Ukraine's national security in the field of protection and defense of the state border, the issues of development and strengthening of information protection become especially important. Proper compliance with information legislation also depends on the established responsibility for its violation, which rests on certain provisions of the Criminal Code of Ukraine. It is stated that these norms are placed in different sections and do not have a proper systematization. The article singles out the subjects of information relations in the border area, which are subject to criminal law protection: persons who are not bound by stable relations with the SBGS (who cross the state border of Ukraine, etc.); persons who are members of the SBGS (servicemen and employees); SBGS as a public authority (official and secret information, information about the activities of the agency, its officials, etc.).

A Study on Legal Limitations of Teachers' Right for Expression (초.중.고교 교원의 정치적 표현과 제한법리에 관한 탐색적 연구: '시국선언' 관련 판례를 중심으로)

  • Lee, Jae-Jin;Lee, Jeong-Ki
    • Korean journal of communication and information
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    • v.54
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    • pp.32-57
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    • 2011
  • This study examined how the Korean courts have made a balance between rights of school teachers' expression and the public interests derived from regulating their rights for expression in related cases. Under the Korean laws such as National Public Service Law and the Law on Assembly and Demonstration, school teachers are considered as civil servants and basically not allowed to assemble to demonstrate for their own interests. The analysis revealed that in 24 cases from a total of 31 teacher-related court cases, teachers were found guilty in violation of related laws. In deciding whether the teachers' participation on anti-government assembly was guilty or not, the courts put an emphasis on public purpose of their expression, the degree to which their expressions affect the society, and specific contents of their expression. Conclusively, it was found out that in applying the related law, Korean courts tend to overweigh the public interests, rather than the teachers' right to express.

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A Study on Reform Scheme of Software Industrial Promotion Law (소프트웨어산업진흥법의 개선방향에 관한 연구)

  • Choi, Chang-Ryeol
    • Journal of Information Technology Services
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    • v.5 no.1
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    • pp.61-81
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    • 2006
  • It is necessary to systematically explore the reform plans of the Software Industrial Promotion Law to systematically a representative high-added value future knowledge-based industry, software industry. The current Software Industrial Promotion Law provides only one provision on software business contract procedures, and the Civil Code, the National Contract law or Subcontract Fairness Law regulate other things, so the features of software industry are not properly reflected. To the contrary, the Information Communication Construction Law or the Construction Basic Law effectively prevent disputes by providing material and detailed provisions. Therefore the current software industry needs to be shifted from promotion to fundamental one. That is, as the software industry takes up a large portion at present, so the law should have basic procedural provisions. Also the National Contract Law governs only the contract procedures of public sector, so there should be business performance procedural provisions to regulate the software business formalities of civil sector. And the National Contract Law controls the sale, construction and service of articles at separate contract procedures, but software business contains construction and service characters simultaneously, so there should be business performance procedures fit for software business. Thus this study presented the legislative need and bill on the performance procedures of software business.

A Study on Important Matters of the State Tort Liability (국가배상책임(國家賠償責任)의 요건(要件)에 관한 고찰(考察) - 위법성(違法性)과 과실(過失)을 중심(中心)으로 -)

  • Kyoung, Jai-Uhng
    • Korean Security Journal
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    • no.8
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    • pp.1-26
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    • 2004
  • The current consitutional law 29-1 is ordaining the State Tort Liability for the illegal action of public service personnel. Based on this regulation, the State Tort Liability Act 2-1 actualizes by indicating, the nation or the local self-governing community is responsible for the public service personnels damaging others during their office hours whether it is accidental or intentional. However, the same law is considered to be inappropriate for the damage relief. In order to supplement this problem, through examinations at both theoretical and systematic levels of Prima facie as well as the objectification and standardization of the damages are required for the national compensation for the police action. According to the objectification and standardization of the damage theory, the faulty actions of the public service personnel are the defects occurred during the office hours. In the case of the police action that frequently uses infringement administration, invading the liberty and rights of the people, it is necessary to interpret faulty damages during the office duties more comprehensively so as to extend its scope of the ordinary public service personnel accidental illegality. In order to warrant effectiveness of the securing the rights, it is crucial to distinguish whether the faulty actions are accidental or intentional. When proven to be damages by illegal police action, the police personnel is responsible for the faults, called Prima facie, the nation is liable for the damage relief.

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The Related Factors with Improvement of Long-term Care Need of Residents and Quality of Service in Long-term Care Facility (노인요양시설 입소자의 장기요양등급 개선과 서비스 질 관련요인)

  • Chin, Young-Ran;Choi, Kyoung-Won
    • The Korean Journal of Health Service Management
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    • v.8 no.1
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    • pp.51-64
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    • 2014
  • The purpose of this study was to investigate the relationship among staffing, occupancy rate, upward level change of long-term care need, and evaluation grade of facility. Data were obtained from National Health Insurance Corporation Database. Occupancy rate and evaluation grade were highest in National/public operating facilities, while they were worst in individual operating facilities. The percents of A or B grade in evaluation grade (by newly enforced law) is highest in National/public operating facilities. Multiple regression analysis showed that upward level change of care needs was very weakly associated with the number of doctors. Evaluation grade showed a weak and significant association with occupancy ratey(by old-version law)(r=.20, p<.01), upward level change of care need in group home(r=.23, p<.01) Staffing in facility did not show significantly consistent association with upward level change of care needs, evaluation grade, and occupancy rate.

The Changes in the Public Health Laws and in the Legal Policies of the National Health Insurance over the Past Decade (최근 10년 보건의료법 환경 및 건강보험법정책의 변화)

  • Kim, Un-Mook
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.37-82
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    • 2009
  • Korea has gained the much more performances in the fields of pubic health laws and related policies on the basis of the substantial economic achievements. In 1977, the social medical insurance was established for companies with more than 500 employees, and in 1989, Korea successfully achieved the national medical insurance system covering the total population within only 12 years beginning with multiple insurers. There remained some problems, however, to be improved such as both the low level of contribution rates and benefit packages due to the inefficiency in utilizing limited medical resources. In 2000, all insurers were unified into a single insurer (National Health Insurance Corporation), and special independent Health Insurance Review & Assessment Service (HIRA) was also established. From the origin of medical insurance system in 1977, the Korean reimbursement system has been fee-for-service system, and after the establishment of HIRA, it has been providing objective and expert medical cost review services and health quality assessment services.

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