• 제목/요약/키워드: National Public Service Law

검색결과 118건 처리시간 0.023초

대법원 판례로 살펴본 무면허 한방의료행위의 법리 (The Legal Aspect of Supreme Court Cases on the Unlicensed Medical Practice of Korean Medicine)

  • 이해웅
    • 대한예방한의학회지
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    • 제23권1호
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    • pp.15-26
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    • 2019
  • Background and Aim : Health care and cosmetics as well as quality of life is now a matter of concern and many categories of complementary and alternative medicine fall into the territory of the medical practice of Korean medicine. Accordingly, penalties are being taken for unlicensed medical practices of Korean medicine in so called complementary and alternative medicine area. There is a possibility of violating the law for the public part because it is not clearly stipulated in the law as to what is a licensed medical practice. Materials and Method : The significance of the Medical Service Act and the Act on Special Measures for the Control of Public Health Crimes were reviewed, and the related supreme court cases were discussed upon the legal aspect of processing the unlicensed medical practice of Korean medicine. The legal information was provided from the National Law Information Center of the Ministry of Government Legislation, and the information websites of the Supreme Court and the Constitutional Court. Results : The concept of medical practice, which is essential in judging the case of unlicensed medical practice, is 'prevention and treatment of diseases through diagnosis, examination, prescribing, medication, or surgical procedures based on medical expertise', and the 'acts that may result in harm and injury of health unless performed by a medical person'. With respect to the medical practice of Korean medicine, the concept includes 'prevention and treatment of diseases using the principle of traditional Korean Medicine'. Conclusions : The concept of medical practice should be clearly stipulated in the law for the control over the unlicensed medical practices of Korean medicine. And it is important to move from the current concept of medical person-oriented medical practice emerging from the national system of healthcare control, to a concept that can accept the era of health managing-oriented medical environment and the co-governance of the healthcare providers and consumers for the future.

우주(宇宙) 상업활동(商業活動) 규율(規律)에 있어서의 우주법(宇宙法)의 발전적(發展的) 위상(位相) (Developments in Space Law in regulating commercial space activities)

  • 신홍균
    • 항공우주정책ㆍ법학회지
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    • 제3권
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    • pp.233-258
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    • 1991
  • This paper examines current developing status of space law as defined in terms of its unique principle that "the utilization of outer space for all mankind's interest". As commercialization of space activities has brought about heated debate on its legitimacy with respect to that principle, space law has come to witness a dual situation. One is the realization of that principle in establishing commercial space activities system where all mankind's interest is respected through the non-discriminatory distribution mode of space benefit. In satellite telecommunication system, the INTELSAT Organization assures its public service policy while protecting itself against a competition from separate systems. For remote sensing, commercialization of LANDSAT Systems promoted since 1984 seems not to affect present non-discriminatory distribution of data and information obtained. On the other hand, active participation of private entity aiming at commercial profit enables national government to manage more effective control and supervision of those activities with a view to promoting national interests. Also, newly developed private rules and regulations are emerging in business relations about commercial space activities. Extended capacity of national government assuring its national interest in production and distribution of international resources that is outer space, and regulation of space activities by newly developed rules and customs provoke a concern about a identity problem of space law. The best way to summarize this perspective might consist in saying that non space law regulations, which are not assumed as aiming at the promotion of all mankind's interest, are confirming their role about space related activities. For those reasous, we are now facing a developing status of space law as developments of commercial space activities continues.

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제3세계 국가의 테러방지법제정과 우리나라에 있어서 시사점 (Enactment of Anti-terrorism law In the Third World And The Instruction for Us)

  • 조성제;승재현
    • 한국콘텐츠학회논문지
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    • 제9권10호
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    • pp.274-283
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    • 2009
  • 우리나라의 경우, 제3세계 대다수 국가의 입장과는 달리 테러방지법제정과 관련하여, 투자 재정지원 군인의 훈련프로그램 제공 등의 이유로, 미국이 압력을 행사한 구체적인 정황은 보이지 않는다. 그리고 테러방지법제정과 관련하여 유엔안전보장이사회의 결의안 제1373호의 내용 중 "모든 법적인 수단을 통해 각 국가들이 그들의 영토에서 테러리즘 행동의 준비를 막고....."의 의미는 개별 법률에 의하여 충분히 대테러 활동이 가능하다면 굳이 테러방지법이라는 단일 법전을 제정하지 않아도 된다는 것이므로 테러방지법의 단일법전제정은 국민의 인권침해를 최소화하는 범위에서 고려하여, 우리의 입장에서 판단하면 될 것이다. 오늘날 새로운 형태의 테러에 신속하고 효율적으로 대처하기 위해서는 국가기관을 유기적으로 총괄 조정하는 시스템이 요구되며 이러한 시스템은 법률에 의해 뒷받침되는 것이 법치주의에 충실한 것이므로 기본적으로 테러방지법제정에 찬성한다. 다만 이러한 테러방지법제정은 제3세계국가에서 운용된 것과는 달리, 국민의 인권침해를 최소화하는 범위내에서 이루어져야 하며, 국가인권위원회 시민단체 등이 가지는 인권침해의 우려를 불식시킬 수 있는 내용을 담고 있어야 한다는 것이다. 시민단체 등이 가장 우려하는, 국가 정보원이 테러사건에 관하여 수사권을 가지는 것에 대해서는 기존의 형사절차와 같이 검찰과 경찰이 수사권을 행사하도록 하고 비밀정보기관인 국가정보원에 대테러센터를 두는 것이 국민의 기본권 침해를 초래할 것이라는 우려에 대해서는 대테러센타를 이원화하는 것 등이 하나의 방안이 될 것이라고 생각한다.

우주법(宇宙法)의 최근동향(最近動向) (Recent Developments in Space Law)

  • 최준선
    • 항공우주정책ㆍ법학회지
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    • 제1권
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    • pp.223-243
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    • 1989
  • The practical application of modern space science and technology have resulted in many actual and potential gains of mankind. These successes have conditioned and increased the need for a viable space law regime and the challenge of space has ultimately led to the formation of an international legal regime for space. Space law is no longer a primitive law. It is a modern law. Yet, in its stages of growth, it has not reached the condition of perfection. Therefore, under the existing state of thing, we could carefully say that the space law is one of the most newest fields of jurisprudence despite the fact that no one has so far defined it perfectly. However, if space law can be a true jurisprudential entity, it must be definable. In defining the space law, first of all, the grasp of it's nature iis inevitable. Although space law encompasses many tenets and facets of other legal discriplines, its principal nature is public international law, because space law affects and effects law relating intercourse among nations. Since early 1960s when mankind was first able to flight and stay in outer space, the necessity to control and administrate the space activities of human beings has growingly increased. The leading law-formulating agency to this purpose is the United Nation's ad hoc Committee on Peaceful Uses of Outer Space("COPUOS"). COPUOS gave direction to public international space law by establishing the 1963 Declaration of Legal Principles Governing the Activities of the States in the Exploration and Use of Outer Space("1963 Declaration"). The 1963 Declaration is very foundation of the five international multilateral treaties that were established successively after the 1963 Declaration. The five treaties are as follows: 1) The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including Moon and other Celestial Bodies, 1967. 2) The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968. 3) The Convention on International Liability for Damage Caused by Space Objects, 1972. 4) The Convention on Registration of Objects Launched into Outer Space, 1974. 5) The Agreement Governing Activities of States on the Moon and Other Celestial Bodies: Moon Treaty, 1979. The other face of space law is it's commercial aspect. Space is no longer the sole domination of governments. Many private enterprise have already moved directly or indirectly into space activities in the parts such as telecommunications and space manufacturing. Since space law as the public international law has already advanced in accordance with the developments of space science and technology, there left only a few areas untouched in this field of law. Therefore the possibility of rapid growth of space law is expected in the parts of commerical space law, as it is, at this time, in a nascent state. The resources of the space environment are also commercially both valuable and important since the resources include the tangible natural resources to be found on the moon and other celestial bodies. Other space-based resources are solar energy, geostationary and geosynchronous orbital positions, radio frequencies, area possibly suited to human habitations, all areas and materials lending themselves to scientific research and inquiry. Remote sensing, space manufacturing and space transportation services are also another potential areas in which commercial. endeavors of Mankind can be carried out. In this regard, space insurance is also one of the most important devices allowing mankind to proceed with commercial space venture. Thus, knowlege of how space insurance came into existence and what it covers is necessary to understand the legal issues peculiar to space law. As a conclusion the writer emphasized the international cooperation of all nations in space activities of mankind, because space commerce, by its nature, will give rise many legal issues of international scope and concern. Important national and world-community interests would be served over time through the acceptance of new international agreements relating to remote sencing, direct television broadcasting, the use of nuclear power sources in space, the regularization of the activities of space transportation systems. standards respecting contamination and pollution, and a practical boundary between outer space and air space. If space activity regulation does not move beyond the national level, the peaceful exploration of space for all mankind will not be realized. For the efficient regulation on private and governmental space activities, the creation of an international space agency, similar to the International Civil Aviation Organization but modified to meet the needs of space technology, will be required. But prior to creation of an international organization, it will be necessary to establish, at national level, the Office of Air and Space Bureau, which will administrate liscence liscence application process, safety review and sale of launch equipment, and will carry out launch service.

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불가항력적 의료사고에 대한 국가보상의 공법적 검토 (A Study on Irresistible Medical Accidents Victims Relief System in the Perspective of Public Law)

  • 이호용
    • 의료법학
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    • 제11권1호
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    • pp.59-84
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    • 2010
  • Medical practice is characterized by various physiological response and uncapacity of prediction, therefore when medical accident occur it's hard to prove medical professionals' mistake. Though medical accident by medical professionals' mistake will be compensated anyhow, about irresistible medical accidents, no one should be not bound to compensate, victims get into very difficult situation. So, the nation don't negligent irresistible medical accidents but compensate anyway. As in the past, to the legal principle's constitution of irresistible medical accidents, theory of liability without fault was adapted, and it was said this theory was illogical in theory of liability with fault. But the subject of compensation to irresistible medical accidents is nation, nation don't participate in medical treatment therefore there is no room to occur mistake. And it is not reasonable to regard medical agency as a truster of public service, to cast to it responsibility of medical accidents. The problem of compensation to irresistible medical accidents is understood under the theory of social compensation. Social compensation is consisted of compensation to sacrifice and contribution to nation and society and compensation to sacrifice revealed under danger, the compensation to irresistible medical accidents belongs to the latter. This is near to concept of relief, is applied to national compensation system supplementarily, and compensation have no option but to compensate minimum. And there are not relation between national compensation system of irresistible medical accidents and proof liability transposition and theory of liability with out fault, merely in side of sharing responsibility burden between medical treater and victim, it is reasonable to discuss transportation of proof liability and compulsive liability insurance together.

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COVID -19: Protection of Workers at the Workplace in Singapore

  • Ng, Wee Tong
    • Safety and Health at Work
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    • 제12권1호
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    • pp.133-135
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    • 2021
  • The COVID-19 pandemic has resulted in movement restrictions being instituted globally and the cessation of work at many workplaces. However, during this period, essential services such as healthcare, law enforcement, and critical production and supply chain operations have been required to continue to function. In Singapore, measures were put in place to protect the workers from infection at the workplace, as well as to preserve the operational capability of the essential service in a COVID-19 pandemic environment. This paper critically analyses the measures that were implemented and discusses the extension to broader general industry.

The Status and Future Challenges of Tobacco Control Policy in Korea

  • Cho, Hong-Jun
    • Journal of Preventive Medicine and Public Health
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    • 제47권3호
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    • pp.129-135
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    • 2014
  • Tobacco use is the most important preventable risk factor for premature death. The World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC), the first international public health treaty, came into force in 2005. This paper reviews the present status of tobacco control policies in Korea according to the WHO FCTC recommendations. In Korea, cigarette use is high among adult males (48.2% in 2010), and cigarette prices are the lowest among the Organization for Economic Cooperation and Development countries with no tax increases since 2004. Smoke-free policies have shown incremental progress since 1995, but smoking is still permitted in many indoor public places. More than 30% of non-smoking adults and adolescents are exposed to second-hand smoke. Public education on the harmful effects of tobacco is currently insufficient and the current policies have not been adequately evaluated. There is no comprehensive ban on tobacco advertising, promotion, or sponsorship in Korea. Cigarette packages have text health warnings on only 30% of the main packaging area, and misleading terms such as "mild" and "light" are permitted. There are nationwide smoking cessation clinics and a Quitline service, but cessation services are not covered by public insurance schemes and there are no national treatment guidelines. The sale of tobacco to minors is prohibited by law, but is poorly enforced. The socioeconomic inequality of smoking prevalence has widened, although the government considers inequality reduction to be a national goal. The tobacco control policies in Korea have faltered recently and priority should be given to the development of comprehensive tobacco control policies.

공공도서관 전자책 서비스의 쟁점과 대응 방안 (E-book Lending Service in Public Libraries: Issues and Possible Countermeasures)

  • 백지원
    • 한국문헌정보학회지
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    • 제48권3호
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    • pp.113-135
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    • 2014
  • 본 연구는 공공도서관에서의 전자책 서비스에 있어 주요 쟁점 사항을 도출하고 이에 대한 대응 방안을 제시함으로써, 향후 도서관의 시각을 반영한 전자책 서비스 운영의 토대를 마련하는데 목적을 두었다. 이를 위하여 본 연구는 도서관계와 출판계를 중심으로 공공도서관의 현행 전자책 대출 서비스에 관한 상반된 시각과 주요 문제점을 파악하였다. 또한 공공도서관 전자책 대출에 관해 발표된 5종의 원칙을 내용적으로 범주화하여 도서관계의 공공도서관 전자책 대출의 핵심 원칙 7개를 도출하였다. 이러한 원칙을 대상으로 출판계가 제기하는 주요한 문제점과 국내외의 주요 대응 방식의 사례를 대응시켜 현안별로 대립되고 있는 양상과 그 내용을 분석하였다. 마지막으로 주요 쟁점 사안별로 공공도서관의 공공성 증진이라는 사명의 측면과 도서관 전자책 대출 모델 개발에 관한 측면, 법적 제도 마련의 측면 등에서 향후 도서관계의 대응 방안을 논하였다.

한국 노인의료보장제도의 개선방안에 관한 연구 (A Study on the Programs of the Betterment in Medical Care Guarntee for Korean Seniors)

  • 조영환;김현주;박영한
    • The Journal of Korean Physical Therapy
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    • 제10권1호
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    • pp.105-125
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    • 1998
  • We are confronted by increase in old people due to the improvement in medical science, public hygiene and socioeconimic status in 20th century. But our medical security system for old people dees not meet the need for medical service of old people. Current medical insurance system restricts term and extent in allowance although the characteristics of the disease of the aged people need medical care of Bong duration and high cost. And in the medicaid system the speciality of the aged people is not recognized and the budget of the government is scanty. In addition many old people to our country are in economic distress due to low income. But the government authority does not give sufficient consideration for eld people in law, policy and budget. To improve social security system for old people it is necessary to increase the budget for the security of old people, to enhance the traditional respect for the aged, to improve medical security system by improving the accessibility to medical service and by expanding the allowance of medical insurance, and to expand the public welfare institutions. And these are roles for all the family. the society and the nation as well as the aged people themselves.

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지역대표도서관의 기능과 지역공공도서관과의 협력역할에 관한 연구 (A Study on the Function of Regional Central Library and Collaborative Role for Community Public Library)

  • 배순자
    • 한국문헌정보학회지
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    • 제42권3호
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    • pp.45-59
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    • 2008
  • 본 연구는 개정도서관법에서 중시하는 지역대표도서관의 기능을 재인식하고 지역 공공도서관에 대한 지원과 협력적 역할을 논의하고자 하였다. 지역의 중앙관인 지역대표도서관의 효율적 역할을 위한 협력체계로는 혼합형모델을 통해 국가중앙관인 국립중앙도서관과 지역 단위도서관간의 상호협력을 도모하도록 한다. 지역 공공도서관에 대한 지원과 협력사업으로는 지역도서관서비스위원회를 통한 지역공공도서관의 정책공조를 기초로 하여, 도서관정보화사업 지원. 공동보존, 사서교육의 지역화 및 지역정보자료의 통합체제에 의한 인포메이션 커먼스 등을 핵심으로 한다.