• Title/Summary/Keyword: Right to counsel

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A Study on Improvement of the investigation procedure for the National Security Violators - Focused on the Rights to Counsel - (안보사범에 대한 수사절차 개선방안 검토 - 피의자 신문시 변호인 참여권 문제를 중심으로 -)

  • Yoon, Hae-Sung;Joo, Seong-Bhin
    • Korean Security Journal
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    • no.46
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    • pp.113-140
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    • 2016
  • Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

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Survey Analysis of Guardians' Understanding on The Antibiotic use for Their Children Under Elementary School Age (초등학생 이하 자녀의 항생제 복용에 대한 보호자 인식조사)

  • Goh, Hae-Young;Rengarajan, Baskaran;Yong, Chul-Soon;Yoo, Bong-Kyu
    • Korean Journal of Clinical Pharmacy
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    • v.20 no.1
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    • pp.72-77
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    • 2010
  • The objective of this study was to find out guardians' understanding on the antibiotic use for their children under elementary school age. Survey analysis was performed on 671 questionnaire response sheets from the guardians for children ($\leq$13 years old) attending daycare centers, kindergartens, or elementary schools located in eastern part and vicinity of Seoul, Korea. Result showed that majority of the guardians did not follow right direction for the use of antibiotic medications. About 80% of the guardians discontinued or reduced dosage of the antibiotic medications if symptoms relieved, and about 66% of them administered the drug always after meal although interval was not consistent. Furthermore, only one-fifth of the guardians understood right indication of antibiotic medications that it is of no use to take antibiotics for the treatment of common cold. About 65% of the guardians participated in this study responded that they received drug information for antibiotic medications from doctors or pharmacists. However, in terms of knowledge score regarding antibiotic drug use, their score was significantly lower than that of guardians who received the information from internet or mass media. This result suggests that patients counsel is not efficiently being practiced among healthcare professionals in the region surveyed in this study. Therefore, in conclusion, it appears that community pharmacists need to be more interactive in patients counsel when they dispense antibiotic medications.

피구금자에 대한 권리보호적 측면에서의 도서관봉사

  • 홍명자
    • Journal of Korean Library and Information Science Society
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    • v.6
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    • pp.187-211
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    • 1979
  • Persons who are waiting for decision of the court concerning whether they are guilty or not after they are involved in the criminal case and detained in the special institution isolated from society, will desire to de found innocent and acquited or to be slightly punished. Inmates are the suspected persons and the accused persons who are detained in the correctional institution. They have the right to de assisted by lawyes in order to receive the favorable verdict in the court. However, the right of the poor and the ignorant, in reality, cannot be perfectly protected due to the imperfection and defect of the defense counsel system itself and its application. Therefore, as a means to guarantee the so-called access to the court, the fundamental constitutional right, the law libraries are established and the legal information services are provided to the inmates within the correctional institution in the advanced country such as the United States. In addition, the judicial precedent and the various kinds of professional organizations provide the managerial guide-lines for such libraries to enoughly collect materials and to provide the effective information services to the inmates. In order to furnish the management of the correctional institution of Korea with useful information, the legal information services, materials collected, and information service personnel of the law libraries within the correctional institution are minutely examined in this paper.

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Healthcare Legislation Cases in the National Assembly Petition System: Focused on Petitions to the Health and Welfare Committee of the 13th National Assembly through the 20th Assembly (국회 청원제도를 통한 보건의료 입법사례 연구: 13-20대 보건복지위원회 청원을 중심으로)

  • Ryu, Chang Ug
    • Health Policy and Management
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    • v.29 no.4
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    • pp.382-393
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    • 2019
  • The right to petition is a classical right of the people in constitutional states, and in Korea, it is a statutory right in the Constitution, the National Assembly Law, the Petition Law, and the Local Autonomy Act. The healthcare community first made a successful petition to the National Assembly when it achieved the amendment of the Government Organization Act through a petition to the National Assembly for the independence of the Ministry of Health, and this achievement served as the basis for further petitions. Since then, the healthcare community has successfully achieved the enactment and amendment of related occupational laws through National Assembly petitions, such as the amendment of Article 41, Paragraph 7 of the former Medical Insurance Act (Korean Medical Association, 14th Assembly), enactment of the Dental Health Act (Korean Dental Association, 15th Assembly), and amendment of the Health Functional Foods Act (Korea Pharmaceutical Association, 16th Assembly). Its petition accomplishment rate is higher than the total petition accomplishment rate of the Health and Welfare Committee of the National Assembly. However, along with the overall decrease in the number of National Assembly petitions, the Korean Medical Association and Korea Pharmaceutical Association have not achieved any results through petitioning since the 16th Assembly (June 2000), and the Korean Hospital Association and Korean Nurses Association have not achieved any results through petitioning since the 17th Assembly (April 2004). Furthermore, no National Assembly petitions have been made at all for 5 years (2014-2018). The Korean Medical Association and Korea Pharmaceutical Association previously showed a high petition accomplishment rate through their accumulated experience with National Assembly petitions and vigorous policy assistance from doctors/pharmacists/nurses turned lawmakers. More specifically, healthcare organizations have achieved results by actively conducting organized activities with the National Assembly, as implemented by a national assembly director and employees, and in case of petitions for legislation, each group has established infrastructure for reviewing the relevant laws by appointing a legislative director, as well as a legal advisor and advisory counsel. Although the organization that has submitted the most petitions to the National Assembly is the Korean Hospital Association, the group with the highest petition success rate is the Korean Medical Association, which may be linked to the relatively high proportion of doctors who have become lawmakers. Furthermore, the fact that other healthcare organizations were highly interested in petitioning the National Assembly has had major implications for the petition activities of healthcare organizations.

A Study on Premarital Adult of Sexuality (미혼성인남녀의 섹슈얼리티에 관한 기초연구)

  • 박수선;김명자
    • Journal of the Korean Home Economics Association
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    • v.42 no.5
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    • pp.53-76
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    • 2004
  • This study conducted a survey on sexuality for the purpose of substantial verification, focusing on literature reviews of premarital sexuality. The Literature reviews included relevant studies of our society and its cultures such as premarital sexuality and behaviors, expressions of love or intimacy, contraception, abortion, sex education and sexuality in family contexts. The survey was conducted to 355 university students and 200 working premarital adults in Seoul, Gyeonggi and Gangwon areas. It has 21 questions to measure sexuality by sexual altitude sentence completion Scale (composed of 4 categories and options of the other items)which has been widely used by professional counsel institutes. Male and female students complete the sentence of this scale, then similar contents were classified. Love type test was developed by Hendrick & Hendrick (1986) was used to measure love and intimacy. Results from the sentence completion for sexuality attitudes are generally as follows: First of all, there was clear difference in male md female responses about each categories. For example, With regard to the questions on premarital sex with opposite sex friends of long time relationship, more than half of male students said it is all right, whereas more than half of female students answered to the same questions that it can never be possible, with many answering 'I don't know', or leaving them unanswered. The survey result, masturbation answered that Female is needed however many Females actually don't it. But Male is almost necessary and conduct himself. On questions regarding, Homosexuality is both male and Female answered opposed. These results of the study show that premarital adults clearly open to issues on sexuality compared with the past, but they have not established their own sexual identity, which can be seen with big gap between male and female perspectives, due to experiencing confusion under the changing environment of the society.

Herbicidal Phytotoxicity under Adverse Environments and Countermeasures (불량환경하(不良環境下)에서의 제초제(除草劑) 약해(藥害)와 경감기술(輕減技術))

  • Kwon, Y.W.;Hwang, H.S.;Kang, B.H.
    • Korean Journal of Weed Science
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    • v.13 no.4
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    • pp.210-233
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    • 1993
  • The herbicide has become indispensable as much as nitrogen fertilizer in Korean agriculture from 1970 onwards. It is estimated that in 1991 more than 40 herbicides were registered for rice crop and treated to an area 1.41 times the rice acreage ; more than 30 herbicides were registered for field crops and treated to 89% of the crop area ; the treatment acreage of 3 non-selective foliar-applied herbicides reached 2,555 thousand hectares. During the last 25 years herbicides have benefited the Korean farmers substantially in labor, cost and time of farming. Any herbicide which causes crop injury in ordinary uses is not allowed to register in most country. Herbicides, however, can cause crop injury more or less when they are misused, abused or used under adverse environments. The herbicide use more than 100% of crop acreage means an increased probability of which herbicides are used wrong or under adverse situation. This is true as evidenced by that about 25% of farmers have experienced the herbicide caused crop injury more than once during last 10 years on authors' nationwide surveys in 1992 and 1993 ; one-half of the injury incidences were with crop yield loss greater than 10%. Crop injury caused by herbicide had not occurred to a serious extent in the 1960s when the herbicides fewer than 5 were used by farmers to the field less than 12% of total acreage. Farmers ascribed about 53% of the herbicidal injury incidences at their fields to their misuses such as overdose, careless or improper application, off-time application or wrong choice of the herbicide, etc. While 47% of the incidences were mainly due to adverse natural conditions. Such misuses can be reduced to a minimum through enhanced education/extension services for right uses and, although undesirable, increased farmers' experiences of phytotoxicity. The most difficult primary problem arises from lack of countermeasures for farmers to cope with various adverse environmental conditions. At present almost all the herbicides have"Do not use!" instructions on label to avoid crop injury under adverse environments. These "Do not use!" situations Include sandy, highly percolating, or infertile soils, cool water gushing paddy, poorly draining paddy, terraced paddy, too wet or dry soils, days of abnormally cool or high air temperature, etc. Meanwhile, the cultivated lands are under poor conditions : the average organic matter content ranges 2.5 to 2.8% in paddy soil and 2.0 to 2.6% in upland soil ; the canon exchange capacity ranges 8 to 12 m.e. ; approximately 43% of paddy and 56% of upland are of sandy to sandy gravel soil ; only 42% of paddy and 16% of upland fields are on flat land. The present situation would mean that about 40 to 50% of soil applied herbicides are used on the field where the label instructs "Do not use!". Yet no positive effort has been made for 25 years long by government or companies to develop countermeasures. It is a really sophisticated social problem. In the 1960s and 1970s a subside program to incoporate hillside red clayish soil into sandy paddy as well as campaign for increased application of compost to the field had been operating. Yet majority of the sandy soils remains sandy and the program and campaign had been stopped. With regard to this sandy soil problem the authors have developed a method of "split application of a herbicide onto sandy soil field". A model case study has been carried out with success and is introduced with key procedure in this paper. Climate is variable in its nature. Among the climatic components sudden fall or rise in temperature is hardly avoidable for a crop plant. Our spring air temperature fluctuates so much ; for example, the daily mean air temperature of Inchon city varied from 6.31 to $16.81^{\circ}C$ on April 20, early seeding time of crops, within${\times}$2Sd range of 30 year records. Seeding early in season means an increased liability to phytotoxicity, and this will be more evident in direct water-seeding of rice. About 20% of farmers depend on the cold underground-water pumped for rice irrigation. If the well is deep over 70m, the fresh water may be about $10^{\circ}C$ cold. The water should be warmed to about $20^{\circ}C$ before irrigation. This is not so practiced well by farmers. In addition to the forementioned adverse conditions there exist many other aspects to be amended. Among them the worst for liquid spray type herbicides is almost total lacking in proper knowledge of nozzle types and concern with even spray by the administrative, rural extension officers, company and farmers. Even not available in the market are the nozzles and sprayers appropriate for herbicides spray. Most people perceive all the pesticide sprayers same and concern much with the speed and easiness of spray, not with correct spray. There exist many points to be improved to minimize herbicidal phytotoxicity in Korea and many ways to achieve the goal. First of all it is suggested that 1) the present evaluation of a new herbicide at standard and double doses in registration trials is to be an evaluation for standard, double and triple doses to exploit the response slope in making decision for approval and recommendation of different dose for different situation on label, 2) the government is to recognize the facts and nature of the present problem to correct the present misperceptions and to develop an appropriate national program for improvement of soil conditions, spray equipment, extention manpower and services, 3) the researchers are to enhance researches on the countermeasures and 4) the herbicide makers/dealers are to correct their misperceptions and policy for sales, to develop database on the detailed use conditions of consumer one by one and to serve the consumers with direct counsel based on the database.

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