• Title/Summary/Keyword: Obligation

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A Study of the Medical Practice and the Right of Patients to Self-determination - Focusing on Supreme Court Decision 2009DO14407 Delivered on June 24, 2014 - (의료행위와 환자의 자기결정권에 관한 고찰 - 대법원 2014. 6.26. 선고 2009도14407 판결을 중심으로 -)

  • Kim, Young-Tae
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.3-29
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    • 2014
  • The Supreme Court made a decision that the doctor cannot be punished for not taking a blood transfusion to the patient, depending on the patient's will to refuse the blood transfusion on June 24, 2014. The reason is that, in a special situation of conflict between the right of patients to self-determination and the duty of care, and when it was impossible to compare whether which has the superior value, if the doctor made a medical practice to respect either of those two values according to the professional sense, he cannot be punished. In principle, the doctor should make medical practices according to the patient's will. However, if the patient's life was at stake, I think, the doctor is obliged to try his best to save the life of patient. Yet to entrust the patient's life to the doctors professional sense, is to give up the obligation of the country to protect lives. In this regard, I think that the Supreme Court Decision should be reviewed, and that an ongoing research is needed.

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A Study on Training of Specialist to prepare Mandatory Building Energy Efficiency Rating Ssytem (건축물 에너지효율등급 인증제도 의무화 대비 전문인력 양성에 대한 연구)

  • Jang, Cheol-Yong;Han, Hye-Sim;Lee, Na-Eun
    • 한국태양에너지학회:학술대회논문집
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    • 2011.04a
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    • pp.138-143
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    • 2011
  • Until now, measures for energy saving in buildings have been tried. Because particularly the role of buildings area is very important for implementing national greenhouse gas reduction targets and Green growth. But, lack of business linkages between each sector or the interest and participation of private sector are not enough. In addition, relevant personnel to do had not been systematized. It is expected that certification services will be increased according to the activation of Building Energy Efficiency Rating System and expansion of the target buildings so Government must be prepared to expand of certification system by training Professional staff. In this study, the basic data for the introduction of obligation of Building Energy Efficiency Rating System is suggested through analysis of the operating and laws system of Building Energy Efficiency Rating System along with efforts of Government for diffusion low energy buildings.

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Provision and Obligations in Policy Rules (정책규칙에서 Provision과 Obligation)

  • Kim, Su-Hee
    • Convergence Security Journal
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    • v.5 no.1
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    • pp.1-9
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    • 2005
  • XML is the most common tool for data processing and data transmission in web applications. Policies are extensively used in all online business solutions and it is recognized that abinary decision such as 'yes/no' for access requests is not enough. In this paper, a method is developed to convert policy rules with provisions and obligations in logic formula formats into XML formats. The primary purpose is to enable security policy programmers to write flexible authorization policies in XML and to implement them easily. General syntaxes are defined to specify information for users, objects and actions in XML formats and an XML DTD is developed to specify authorization rules with these three components. To support various security features such as data transcoding and non-repudiation depending on data in addition to access control based on authorization policies, studies for specifying them in XML policy rules will be performed in the future.

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Market Acceptability of the ZEB Certification System for Public Buildings According to the 2025 Roadmap (2025년 의무화 로드맵에 따른 공공시설 제로에너지건축물 인증제도 시장 수용성)

  • Lee, Seung-Min;Kim, Jin-Ho;Shin, Gwang-Su;Kim, Eui-Jong
    • Journal of Korean Institute of Architectural Sustainable Environment and Building Systems
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    • v.12 no.6
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    • pp.557-566
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    • 2018
  • The ZEB certification system has come into effect since 2018 according to the ZEB road map. From 2020, the public buildings with the total floor area smaller than $3000m^2$ are the target of the certification, and it will be extended to the buildings with up to $5000m^2$ floor area in 2025. However, current mandatory regulations for public office buildings seem already to meet the ZEB certification system planned for 2025. In this work, two buildings belong to $3,000{\sim}5,000m^2$ in total floor area were selected to analyze the possibility of meeting the ZEB certification only by following current obligation regulations. Results showed that the test buildings satisfied the minimum building energy efficiency and energy self-sufficiency rates for the ZEB certification when the mandatory insulation and installation ratio of renewable energy are applied. This can be useful for revising the road map or extending the target buildings of the ZEB certification.

A Study on the Duty of Nonconformity Notification within a Reasonable Period in Case of Breach of Contract for Goods (물품계약위반시 합리적인 기간 내의 부적합통지의무에 관한 연구)

  • Eun-Bin, Kim
    • Journal of Arbitration Studies
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    • v.32 no.4
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    • pp.33-51
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    • 2022
  • According to the CISG, there are no special regulations for a reasonable period of time among the obligations to notify the contractual suitability of the goods. As a result, many disputes arise in 'notification within a reasonable period' despite being the most important treaty in practice in defining the obligation to notify nonconformities according to the suitability of goods for each case. Regarding the interpretation of Article 39 of the CISG, various judgments and arbitration decisions are being made in each country for a reasonable period to notify that the goods are not suitable for the contract.There are criticisms that these various views are too harsh on the buyer in the buyer's obligation to notify.It is important to create a unified principle because courts or arbitration agencies of the Contracting States of this Convention interpret in various ways the reasonable period of violation of the contract of goods stipulated in the Convention. Since most of the international commodity trading transactions around the world are regulated by the CISG, it is necessary to analyze and interpret cases in which this Convention is applied in court or arbitral tribunal of each country to derive a unified principle.

A Study on Buyer's Obligation in Relation to the Letter of Credit in a Sales Contract

  • Eun-Hee JANG;Joon-Pyo LEE;Ki-Moon HAN
    • Journal of Distribution Science
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    • v.21 no.9
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    • pp.115-121
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    • 2023
  • Purpose: This study aimed to deal with disputes between the seller and the buyer in connection with the Letter of Credit (LC) in a sales contract. The Contracts for the International Sale of Goods (CISG) provides the rules on the fundamental breaches which can lead to termination of the sales contract but the CISG is not enough to govern issues arising from the LC disputes when the sales contract is not clear about the payment terms. This paper tried to find some solutions to the disputes by considering international rules, such as the Principles of European Contract Law (PECL). Research design, data and methodology: The methodology applied in this study was an analysis of some court decisions and extended literature review. Results: The study revealed that in contracts for the sale of international goods, the buyer was obliged to open an LC as manner of payment. If the buyer failed to open an LC or amend the terms of the LC, the seller could avoid the contract because this could deprive the seller's expected interest. Conclusions: Few studies in Korea have been comprehensively analyzed in terms of the obligations of regarding the LC with respect to the CISG in court cases. This study suggests safeguarding the buyer and seller when the LC is considered absolute or conditional.

A study on prospective dental hygiene students awareness of child abuse and attitudes towards mandatory reporting (예비 치과위생사의 아동학대 인식 및 신고 의무태도에 관한 연구)

  • Seon-Yeong Kim
    • Journal of Korean society of Dental Hygiene
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    • v.23 no.5
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    • pp.403-410
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    • 2023
  • Objectives: To confirm the awareness of child abuse and attitudes toward mandatory reporting among dental hygiene students in the Gwangju and Jeonnam regions. Methods: The level of awareness of child abuse according to general characteristics, attitudes toward reporting obligation, and awareness of the mandatory reporting system were analyzed using t-test or one-way analysis of variance (ANOVA) analysis, and correlation was analyzed using Pearson correlation coefficient. Results: Awareness of child abuse was 3.76, 3.68, 3.67, and 3.18 points for neglect, sexual abuse, physical, and emotional abuse, respectively. The attitude toward reporting obligation were 3.60 and 2.62 points for positive and negative reporting attitudes, respectively. Regarding awareness of child abuse, a significant positive correlation was observed between positive reporting attitude (r=0.326, p<0.01) and awareness of mandatory reporting system (r=0.272, p<0.01). Conclusions: To increase the reporting rate among dental hygienists, awareness should be improved starting from the undergraduate level, perceptions of prospective dental hygienists should be reflected in the development and direction of educational programs, and it is necessary to increase accessibility to educational opportunities and continuously seek institutional and policy measures.

Analysis of the Necessity of Introducing the Obligation to TakeSafety and Health Measures for Construction Orderers using Multivariate Analysis (다변량 분석을 이용한 건설업 발주자의 안전보건조치 의무 도입 필요성 분석)

  • Park, Jin-Woong
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2022.10a
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    • pp.209-210
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    • 2022
  • 사회적 문제로 떠오르고 있는 건설산업에서 늘 만연한 산업재해 발생을 막기 위해서는 다양한 이해관계자들의 노력을 투자해야 한다. 특히, 이해 관계자들 사이에서 주문자는 프로젝트의 의사 결정 구조의 최상위에 있다. 따라서 주문자의 안전과 건강에 대한 인식은 전체 건설 현장의 안전을 확보하는 과정에 직접적인 영향을 미친다. 이러한 관점에서 본 연구는 최근에 도입된 고객에 대한 의무적인 안전 및 건강 조치에 관한 각 이해 관계자의 인식 차이를 확인하는 것을 목표로 한다. 또한 한국적 맥락에서 구체적인 이행 계획을 제시한다. 분석에 사용된 데이터는 주문자, 안전 관리자, 현장 관리자와 같은 이해 관계자를 대상으로 한 설문 조사를 통해 수집되었으며, 수집된 데이터는 분산 분석과 같은 다변량 분석 방법을 사용하여 정량적으로 검토되었다. 분석 결과, 소유자에 대한 안전 및 건강 의무의 도입이 필요한 것으로 판명되었으며, 안전 및 건강 전문가를 행동 계획으로 지정하고 운영하는 것이 합리적이라고 간주되었다. 저자들은 이번 연구 결과가 한국의 관련 규제 개정을 위한 기본 자료로 활용될 수 있을 것으로 기대하고 있다. 또한, 추가 연구로서, 규제 개선 후 효과에 대한 검토는 도메인에 크게 기여할 것이다.

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An Effect of Compassion, Moral Obligation on Social Entrepreneurial Intention: Examining the Moderating Role of Perceived Social Support (공감, 도덕적 의무감, 사회적 지지에 대한 인식이 사회적 기업가적 의도에 미치는 영향)

  • Lee, Chaewon;Oh, Hyemi
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.12 no.5
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    • pp.127-139
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    • 2017
  • In recent 10 years the attention to social entrepreneurship has raised increasing among scholars, public sector, and community development. However less research has been conducted on how social entrepreneurship intention create a social enterprise and what factors can be affected to the social entrepreneurial intentions. This paper aims at contributing to identify the antecedents of entrepreneurial behavior and intentions. Especially, we have had a strong interests in compassion factors which haven't been used as important variables to encourage for people to do social entrepreneurial activities. Also, we try to find the moral obligation and perceived social support as antecedents of social entrepreneurial intentions. Finding show that compassion and moral obligation affect to the social entrepreneurial intention. Especially this study identify the external factor of society with the variable, perceived social support. Once individuals recognize that the infrastructure and societal positive mood on social entrepreneurship is friendly to social entrepreneurship, people have a tendency to try to do some social entrepreneurial activities. Only few empirical studies exist in this research domain. A study of more than 271 Korean college students has studied which personal traits predict certain characteristics of social entrepreneurs (such as having social vision or looking for social innovational opportunities). In addition to those antecedents, students experience is the critical factor that enabled continued expansion of the social entrepreneurial activities. The results of this research show how we can nurture social entrepreneurs and how we can develop the social environment to promote social entrepreneurship.

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Effects of Seller's Influence Tactics on Customer's Psychological Obligation, Trust, and Repurchase Intention in Offline Cosmetics Selling Channel: Moderating Effect of Perceived Service Quality (오프라인 화장품 구매경로에서 판매원의 판매설득전술이 고객의 심리적의무감과 판매원 신뢰, 재구매의도에 미치는 영향: 지각된 서비스 품질을 조절효과로)

  • Kang, Byeong Jun;Yi, Ho-Taek
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.17 no.5
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    • pp.205-221
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    • 2022
  • In this study, the authors investigated the effect of salesperson's Selling Influence Tactics (SIT) on customers' psychological obligation, trust in salespersons and repurchase intentions in the offline cosmetics purchase channel. In addition, we examined the moderating effect of service quality perceived by customers. To this end, a survey was conducted on 298 customers who had purchased cosmetics through the offline sales channel, and the authors conducted hypothesis testing through a structural equation model. As a result of the study, first, among salesperson's sales influence tactics, emotional appeal tactics (H1a), customer ingratiation tactics (H1d), and personal appeal tactics (H1e) were found to affect the psychological obligation of customers, and emotional appeal tactics (H2a), rational persuasion tactics (H2b), information provision tactics (H2c), and customer ingratiation tactics (H2d) were found to affect trust in salespeople. Third, it was found that the psychological obligation did not have a positive (+) effect on the customer's repurchase intention, and the customer's trust in the salesperson had a positive (+) effect on the repurchase intention. Third, perceived service quality showed a significant moderating effect between psychological obligation and repurchase intention, trust in salesperson and repurchase intention. In previous studies on salesperson's Selling Influence Tactics (SIT), many studies examined salesperson's Selling Influence Tactics (SIT) by specifying sub-variables in a limited way, and studies confirming marketing factors such as repurchase intention were also insufficient. Therefore, the results of the empirical research confirmed based on this study are expected to help the standard or direction of the salesperson's Selling Influence Tactics (SIT) in future studies. In addition, this study describes implications for providing help in employee education and management for small business owners who manage and operate offline cosmetics stores, and sales strategies that should be strategically established to improve perceived service quality for customers.