• Health Policy and Management
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• v.8 no.1
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• pp.203-230
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• 1998

This purposes of this study is to develope policies on the facilities for the elderly care in Korea. Methodology of this study adopts comparative analysis on the facilities for the elderly care in 6 countries which have experienced various problems on the elderly. These 6 countries are Japan, Sweden, America, Australian, England and Germany. Major issues for comparative analysis are the standard of care facilities, residence condition, finance of facilities establishment and expense, operating system, management, and the law and administrative structure about the facilities for the elderly care. The elderly people need various kinds of welfare services such as medical care facilities, nursing home facilities, home care facilities etc.. Thus the public policies for the aging population nations are compose of income maintenance program, health and medical care services and social welfare services. The policies of facilities for elderly care are very important since these policies include the characteristics of income maintenance, me\ulcorner미 care program and welfare program. This study willsupply basic data for the development of facilities for the elderly care in Korea, especially conceming the system and institutional device of the facilities.

• Journal of Industrial Convergence
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• v.1 no.2
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• pp.141-172
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• 2003

To enhance Social Welfare and Public Interests, government has been enforcing the policies that induce private Sector to participate in the Public Service. In general, these policies consist of the direct or indirect supporting systems, including the advantages of taxation applicable to Private Sector that takes part in Public Service. Of the various supporting systems taken by government, the privilege from the taxes is known to the most important supporting system. The representative exemple is the tax beduction of amounts donated to the not-for-profit organizations. That is to say that donations can be deductible from taxable amounts on assessing inheritance tax and gift tax. Generally much higher cumulative tax rates are applied to the laws of inheritance tax and gift tax than the other taxes in order to redistribute the social wealth and to restrain the concentration of the wealth. On the other hand, the special exemption from the taxes can be applied to not-for-profit organization according to the standards of the relevant lows and regulations, because not-for-profit organization usually performs the partial role of government in Public Service. The perpose of this study is to find the systematical support that the not-for-profit organizations can practice Public service more efficiently than government. This study approaches the subject by means of examining current taxation systems of inheritance tax law and gift tax law and developing systematic alternatives that can make inefficient parts in taxation systems more reasonable.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• Korean Journal of Social Welfare
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• v.63 no.1
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• pp.159-185
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• 2011

This study aims to find out the determinants of male police officers' investigative behavior(active investigation vs. secondary victimization) of sexual violence. For this purpose, a hypothetical model which explains the relationships among the 5 variables (knowledge of law about the investigative role, perception of the protective & connective role, prejudice against the sexual violence, active investigation, and secondary victimization) was developed. Using the data collected from 354 male police officers of 3 cities in Gyeongnam area, the hypothetical model was tested. For data analysis, a structural equation modeling was used, and the final model was found(CFI=0.947, IFI=0.948, RMSEA=0.048). As a result of analyzing the model, the followings were found: (1) Active investigation was increased by knowledge of law about the investigative role, and perception of the protective & connective role, while decreased by prejudice against the sexual violence. (2) Secondary vicimization was decreased by knowledge of law about the investigative role. (3) Prejudice against the sexual violence mediate the effects of knowledge of law about the investigative role, and perception of the protective & connective role on active investigation. (4) Prejudice against the sexual violence was found to have no significant effect on secondary victimization. Based on the findings, multi-educational programs, protocols on investigation of sexual violence, professionalization of the police, and changes in investigation environment as well as a system of collaboration and cooperation between police officer and social worker were suggested as a way to increase active investigation and to decrease secondary victimization.

• The Journal of Korean Physical Therapy
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• v.10 no.1
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• pp.253-263
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• 1998

To provide physical therapy service of good quality keeping people healthy and obstain structural reformation coping with the demands of in medical service market to foreign intercourse on 21C, we should make legal system fer the physical therapy practice. Thus we suggest the Ministry of Health and Health and the authorities should, 1. Exclude the provision of physical therapist from the classfication of medical technician on the Medical Technician Law Article 2. and establish the independent Physical Therapist Law 2. Eliminate the provision of physician or dentist's guide the Medical Technician Law Article 1. or reform it to physician or dentist's request so that physical therapists may have a independent practice, or 3. Add the provision of the physical therapy center to the Medical Technician Law, the enforcement ordinances and enforcement regulations, such as the provision of optometrist or dental technician.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.125-153
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• 2012

The adult guardianship system has been introduced through amendments of Korean Civil Code for the first time in the March 2011(Act No. 10429, 7. 1. 2013. enforcement). The adult guardianship system has the main purposes to provide a lot of help vulnerable adults and elderly, and protect them on the welfare related with property act, treatment, care, etc. There could be a controversy about whether the protection Legal Guardian's consent(formerly known as the Mental Health Act) or permission of the Family Court(revised Civil Code) are required to, or the Mental Health Act should be revised, when mental patient will be hospitalized forcibly. The author proposes that mental patient with Adult guardians should be determined by Legal Guardian's consent and approval of the Family Court, but mental patient without Adult guardians could be determined by Legal Guardian's consent. The issue of Withdrawing of life-sustaining treatment could be occurred due to the aging society and the development of modern medicine, and this has provided difficult, various problems to mankind in Legal, ethical, and social welfare aspects. The need of Death with dignity law or Natural death law has been reduced for a revision of the Civil Code. Therefore, on the issue of Withdrawing of life-sustaining treatment, in the future, intervention of the court is necessary in accordance with the revised Civil Code Section, and Organ Transplantation Act and the brain death criteria may serve as an important criterion.

• Journal of Legislation Research
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• no.41
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• pp.125-170
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• 2011

In Korea, the evolution of welfare for people with disabilities can be divided largely four stages. The first phase is before 1981, the second is from 1981 to 1988, the third is from 1989 to 2006 and the fourth phase is from 2007 to now. In the first phase people with disabilities were considered as ones of charity. In the second period the welfare ideal for people with disabilities was appeared. In the third, the framework of welfare system for people with disabilities was formed and welfare services began to be expanded. The fourth phase has been the time to secure human right and social services for people with disabilities. In Korea, for people with disabilities, 2007 was the year of historical turning point. "The Act of Prohibition on Disability Discrimination and Remedy for Right"was built that year and became effective the next year. Also "The Special Education Act for People with disabilities" was enacted newly. "The Disabled Welfare Act" was amended for the change of welfare paradigm. The change is introduction of Independent Living. After 2007 Korean legal systems for people with disabilities have been improved largely.

• Journal of Family Resource Management and Policy Review
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• v.13 no.2
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• pp.153-167
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• 2009

This research analyzes factors of family life adjustment in mixed-culture families through a focus group and individual interviews with nine mixed-culture couples eighteen people who live in city C. First, the reason that women of other cultures wants to marry Korean men is because they find it a good opportunity, as they expect that Korean husbands will take responsibility of their family. On the other hand, Korean men also expect that they would have some similarities to each other. Also, in southeastern Asian men have more freedom than women to choose an international marriage in Southeastern Asia. Second, mixed-culture couples in everyday life are affected by communication problems, cultural differences, natural environment, financial situation, male -dominant attitude, self-adjustment pressure, house-work role and financial support from their own country. Third, wives from other cultures ask for social support to adjust in Korea and make a healthy family. These women can be important, as they have their own role in the family even though they may be far from their mother in law's strong expectation in how well she can adopt Korean culture.

• Korea Journal of Hospital Management
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• v.13 no.4
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• pp.119-145
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• 2008

The objectives of this study were to inspect how the law effected on hospital employment system and which policy and strategy are needed to cope with the present situation as the law regarding irregular workers law has enacted for a year. To grasp the changes of employment style in hospital, 56 hospitals among 311 general hospitals were questioned in this study. And employment policy and strategy were developed by referencing examples of developed nations and other industries. The survey showed that the wage and welfare level of irregular workers in hospitals was improved compared to that in the other industries. But there were still much discrimination between regular and irregular workers. The policy direction of government is, first of all, to follow the principle of equal treatment to equal value of labour. The first feasible policy is to enforce social security. The second one is an employment promotion policy which reduces or exempts hospitals employing irregular workers from tax and insurance fee. The third one is to extend employment contract period to 3 years. and finally there are policies to permit more dispatched jobs and to expand the social insurance coverage. The strategies to solve the problem of irregular workers are as follows; 1) performance wage system, 2) guaranteeing employment by unlimited contract, 3) creating new category of workers, 4) the wage system of management by object, 5) the method of job classification. This study has a meaning in the point that it was studied on hospital which is special industrial part and analyzed the changes after enacting irregular workers law and presented management strategy for countermeaure program. In this study, it was expected to contribute to decisions-making in hospital management, especially when using human resources.

• Journal of the Daesoon Academy of Sciences
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• v.37
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• pp.229-262
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• 2021

The debate on the treatment of animals has accelerated as a social issue in the West since the 1970s. In 1975, Peter Singers argued in his book, Animal Liberation, that speciesism should be banned. This led to an explosion in research on animal welfare in the philosophical and social sciences. Following Singer, Tom Regan suggested considering the animal rights as being on the same level as human rights. Their arguments were that animals should be imbued with some intrinsic weight sufficient enough to remind humans of their social responsibility to animals at least to a certain degree. In this regard, social responsibility for animal welfare as well as animal rights has formed an axis that organizes human morality in modern society. Such arguments regarding animal welfare can be perceived as an active and creative effort which accords with the free will of human beings who in Daesoon Thought are understood as facing the era of human nobility. This argumentation also aligns with the doctrine of grievance-resolution for mutual beneficence as a practical creed due to the way in which modern bioethics implies that animal welfare could become a practical communal morality integrated into legal systems prior to adoption as a system of individual morality. From within this context, this study discusses the nature and limits of modern animal welfare and animal rights from the perspective of the grievance-resolution which Kang Jeungsan promised to animals.