• Title/Summary/Keyword: Responsibility and Duty

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The legitimacy and directions of legislation for the protection of citizens against nuclear, biological and or chemical attack under war conditions (전시 화생방위험으로부터 국민을 보호하기 위한 법제정 정당성 및 입법방향)

  • Baek, Oksun
    • Journal of the Society of Disaster Information
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    • v.10 no.2
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    • pp.294-303
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    • 2014
  • The state has the constitutional duty to secure the safety of its citizens and provide protection against any physical dangers. The Republic of Korea has a high threat of nuclear, biological and or chemical(hereafter referred to as NBC) attack from the Democratic People's Republic of Korea. Thus, the state has a responsibility to form a legislation to provide the protection for its citizens and implement duty to guarantee the human rights. Under the current legislation, the 'United Defense Act', 'Framework Act on Civil Defense' that are applied under wartime conditions are insufficient in providing the protection of the citizens of the state in the occurrence of NBC attack. Therefore, it is necessary that the 'Act for the Protection of Citizens in the occurrence of NBC Attack' is legislated to provide a system that protects the nation's citizens under the wartime conditions mentioned above. This paper incorporates a theoretical analysis of the need for the constitutional responsibility of the state to provide protection for its citizens under wartime conditions, the necessity of a specific measure to protect citizens during NBC attack, the relationship between 'Act for the Protection of Citizens in the occurrence of Nuclear, Chemical and or Biological Attack' and current legislations that are applied under wartime conditions, and the particulars of the proposed act.

A Study on the Impartiality and Independence of Arbitrators (중재인의 공정성과 독립성에 관한 연구)

  • Kim, Kyung-Bae
    • Journal of Arbitration Studies
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    • v.18 no.1
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    • pp.31-47
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    • 2008
  • An arbitrator's duty shall be independence and impartiality such as a judge who has procedurally absolute position. Independence is the freedom from others, impartiality is the status of having no-partial condition. Although these show relevance between independence and impartiality, in actuality, it is not easy to prove them. Therefore, arbitrator has to prove his or her position by opening the public of reality and by having an obligation of notification. Each country which applies Arbitration rules or Arbitration act stays the same as Korean Commercial Arbitration Board does. Hence, each country has the moral principles in order to establish a standard of judgement for essential factors and requests preferentially the impartiality and the publicity. In reality, court of justice in England excludes arbitrator who has the close relation to a person concerned. Justice in France cancelled an authorization of arbitrator because of having the economic interest to the person concerned. And also, In United States, Federal Court reverses an arbitration judgment without giving any partiality to a person concerned because of not opening a public about the relationship between arbitrator and a person concerned. Therefore, decision basis of the independence and the impartiality is standardized by the economic interest of a person concerned, professional relation, society connection, relationship between arbitrator and arbitration representative in the same case while in process of arbitration, arbitrator's nationality If arbitrator does not keep the independence and the impartiality by a position of judge, he or she has to make responsible. this duty is divided by two things: civil case and crime case. and if arbitrator does break this responsibility, he or she will get the cancellation of judge and compensation of damage. However, Korea is placed in the real circumstance without judge precedent and moral principles including the independence and impartiality. In order to getting the good reputation of international arbitration institution, this country will have to enact principles of the independence and impartiality for arbitrator.

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A phenomenological convergence study on the mealtime experience of shift nurses on duty. (교대근무 간호사의 식사경험에 관한 현상학적 융합연구)

  • Kim, Soo Jeong;Kim, Won Jeong
    • Journal of the Korea Convergence Society
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    • v.10 no.1
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    • pp.307-316
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    • 2019
  • The purpose of this study is to obtain a comprehensive understanding of shift nurses' mealtime experience on duty. This study was explored by hermeneutic phenomenological analytic method suggested by van Manen. The participants were shift nurses at two general hospitals in Korea. Six participants were interviewed until information reached saturation point. Data was collected through individual in-depth interviews. The results of study were emerged 7 themes. Each theme was :'Forgetting hunger.', 'Fatigue takes precedence over hunger.', 'Feeling sorry and becoming conscious of other colleagues.', 'Inhale the meal in a short time.', 'Conflicting between responsibility for the patient body and my body', 'They want look for freedom and right through their mealtime.', 'Hope that mealtime is a precious time.' The results of this study are significant in providing a convergence understanding of the working environment of the shift nurses.

A Study on the Legislative Guidelines for Airline Consumer Protection (항공소비자 보호제도의 입법방향)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.3-51
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    • 2017
  • From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

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Exemption from Civil Liability in the Good Samaritan Law ('선한 사마리아인 법'에 따른 민사책임의 감경 - 응금의료에 관한 법률 제5조의2을 중심으로 -)

  • Kim, Cheonsoo
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.31-60
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    • 2014
  • In this paper the good Samaritan civil liability is argued. In many cases some damage could be caused by an emergency medical service. In such situations the degree of duty of care taken by the service provider would be alleviated depending upon the degree of emergency. Then the service provided by anyone not carrying any duty to do so could be generally ruled by the 'Korean Civil Act' Article 735. This article is related to the management of affairs in urgency. The application of this article means the mitigation of civil liability of the service provider. If the service provider not carrying any duty to provide it "has managed the affairs" of the service "in order to protect the" victim "against an imminent danger to the latter's life", the provider "shall not be liable for any damages caused thereby, unless he acted intentionally or with gross negligence". Korea has another rule applied in such a situation, that is the Korean 'Emergency Medical Service Act' Article 5-2. This article is established for the exemption from responsibility for well-intentioned emergency medical service. It could be referred to as the Good Samaritan law. It provides: "In cases where no intention or gross negligence is committed on the property damage and death or injury caused by giving any emergency medical service or first-aid treatment falling under any of the following subparagraphs to an emergency patient whose life is in jeopardy, the relevant actor shall not take the civil liability ${\cdots}$" In this paper the two articles is compared in the viewpoints of the requirements for and effects of the application of them respectively. The 'Korean Civil Act' Article 735 is relatively general rule against the the Korean 'Emergency Medical Service Act' Article 5-2 in the same circumstance. Therefore the former could be resorted to only if any situation could not satisfy the requisites for the application of the latter. In this paper it has suggested that the former article be more specific for the accuracy of making decision to apply it; and that the latter be revise in some requirements including the victim, the service provider, and the service.

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The in Fluence of Stage Make-Up to Psychological Condition of Performers and Performance (무대분장이 공연자의 심리상태 교 공연수행에 미치는 영향)

  • Ryu, Se-Ja;Park, Meegn-Ee
    • Journal of the Korean Society of Costume
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    • v.55 no.7 s.98
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    • pp.51-61
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    • 2005
  • The purpose of this study is to identify function of make-up as an Important variable in terms of its influence to psychology of performers and outcome of their performance. From June to November 2004 performers in 4 types of fields, i.e., opera, musical, drama and dancing being performed in Seoul and Cheongju were chosen as subjects and totally 450 questionnaires were prepared and distributed and among them 416 were used as data for final analysis. For data analysis frequency analysis, factor analysis, T-test, one-way ANOVA, path analysis, chi-square test were conducted by means of SPS 12.0 and MOS 4.0 statistical programs and as ex post facto checking Duncan's multiful range test was conducted. Make-up is an important element in acting and it has great influence on level of psychological satisfaction of an individual. It was disclosed that psychological factor of concentration and lethargy have direct bearing on acting performance. In order to maximize actor or actresses performance skill perfect make-up is essential and role of make-up specialist can become a critical factor for inducing success in performance. Role and duty of make-up artists in terms of scope of their responsibility should be extended so that they may give their full support to the performers to be most successful in their performance.

A Study on the Development of the Navigational Information Monitoring and Recording System (항해 정보 모니터링 및 기록 시스템 개발에 관한 연구)

  • 송두현;이덕수;정태권
    • Journal of the Korean Institute of Navigation
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    • v.23 no.3
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    • pp.1-15
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    • 1999
  • Recently, due to the several factors such as the advent of very large vessels and high-speed vessels, and the increase of the maritime traffic density at sea, the obligation, responsibility and burden of marine officers on duty for the safety of navigation has been highly escalated. Under these situations, if the appropriate and correct navigational information is given to officers at real time by means of certain integrated information processing system, these obligation, burden and danger can be reduced. This paper deals with the study on the development of the Navigational Information Monitoring and Recording System that can give and record the integrated navigational information based on the personal computer system installed on board. To construct this system, the interface unit which changes different signal types of navigational equipments to NMEA 0183 signal format and the application software to show the visual navigational information were developed. In this study, the navigation system of T/S HANBADA in Korea Maritime University was used in order to construct the actual system that can be utilized in other ships, and also the performance test was carried out several times to examine the performance of the system developed. It was proved that all functions of the system as designed worked smoothly through the performance test. Also this system could be operated easily and conveniently by every user.

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A Study Comparing Korean, Chinese, and Japanese Fire Investigation Operating System (한.중.일 화재조사 운영체제 비교연구)

  • Choi, Jin-Man;Kim, Kil-Hwan
    • Fire Science and Engineering
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    • v.25 no.4
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    • pp.56-63
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    • 2011
  • When enforcing fire investigation, duty for basic principles, responsibility of investigation, report deadline, and all sorts of standard forms are based on fire investigation report regulation which is internal instructions. This study has a purpose to prepare alternatives that are absent in Korea or have to be strengthened by comparing and examining Japanese and Chinese fire investigation report regulations with Korean one. As a result, it appears that Korea needs to standardize the report deadline of urgency fire and general fire into 30 days when additional investigation is needed, have investigators draw delays reports up when they exceed the deadline not to make work vacuum, and found and organize forms of certificate of custody and return for all fire related materials when investigators require data from fire-related people, to improve whole systems.

Strategy of Food Retailer and Delivery Rider's Accident in South Korea

  • KWAK, Young-Arm;CHO, Young-Sang
    • Journal of Distribution Science
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    • v.18 no.5
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    • pp.49-60
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    • 2020
  • Purpose: The primary objective of this research is to propose answers of rider's accident of food retailer in South Korea, in view of business sustainability of food retailer and his precious fate of rider who is a father that has a responsibility to the family. Research design, data, and methodology: We investigated previous studies such as food retailer, delivery, delivery application of mobile, rider's accident and statistics of delivery business agency, motorcycle accident ratio, annual fatalist, and further we analyzed cases of rider's accidents. Results: Rider's accident on the road toward food retailer is serious risky factor to their business reputation, corporate image, because claim amount related to death and physical/mental disability can be heavily damaged to food retailer. The point when rider dies is that rider is a person responsible for supporting his/her family, that is, a life itself issue together with downfall of family. Conclusions: In view of growth of South Korean' delivery rider industry, the authors recommended that focus of stability and sustainablity of both food retailer and delivery rider should establish to executable and practical ideas such as rider's readiness, abandon of speed guarantee, duty of delivery app business and legal aids.

Perception of Food Hygiene and Nutritive Value of the Food

  • BARAL, Sandesh;MOON, Deog Hwan;SHIN, Yong Chul;PAHARI, Sandip;ACHARYA, Shiva Raj
    • The Korean Journal of Food & Health Convergence
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    • v.6 no.4
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    • pp.1-6
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    • 2020
  • Food hygiene and nutrition is a serious public health concern. It is the responsibility of providers and duty of consumers to ensure that hygienic and nutritious food is being served and consumed respectively. A cross-sectional study was conducted among 384 students to assess the perception of hygiene and nutrition of food in the restaurant of Pokhara Valley, Nepal. Data were collected by a self-administered questionnaire. Two-third of the respondents were female in this study. The taste was the most common reason for the consumption of food in the restaurant. In the same way, more than two-thirds of the respondents considered restaurants' food for not having a balanced diet. Around one-third of the respondents consumed food high in vitamins and minerals, protein, carbohydrate, and calories in restaurants. Around two-thirds of the respondents considered hygiene of food in restaurants as slightly hygienic. More than two-thirds of the respondents considered unhealthy to eat food in the restaurant. The study found the association between education status, family type with a taste of the food. Proper awareness, promotion activities for the healthy nutrition lifestyle & food safety education is highly recommended at the local level.