• Title/Summary/Keyword: Special Act

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A Study on the Nursing Profession as Stipulated by Health & Medical Laws of Korea (우리나라 보건의료법령에 명시된 간호에 관한 연구)

  • Kim, Eun-Young
    • Research in Community and Public Health Nursing
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    • v.8 no.1
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    • pp.116-132
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    • 1997
  • The purpose of the study is to find out how laws related to the nursing profession can be improved by analyzing the rules and regulations concerning nursing. Furthermore, to help settle legal matters in the process of doing nursing work. The data used for the study are the Health and Medical Act, the Maternal and Child Health Act, the School Health Act, the Special Act for Health and Medical Service in Rural Areas, the Industrial Health & Safety Act and the Notice on Nursing Professional Courses analyzed by age and content. The results of the study are as follows : First, basic nursing practice includes 'nursing care for recuperation and assistance in medical treatment and in special areas including the pre-vention of disease, maintenance of health, control of environment, and other therapeutic activities. It is suggested that the phrase 'assistance in medical treatment' should be eliminated as it limits the basic nursing practice to the assistance of the medical treatment. Second, Article 56 of the Health & Medical Act prescribes a special nurse but it does not prescribe a specific job. Accordingly, the new provison concerning the specific jobs of a special nurse should be added or a job guide should be inseated. Third, it is prescribed that those who have completed the training course after obtaining a license are qualified to be a midwife, a special nurse and a nurse practitioner working in special areas. However, school nurses, occupational health nurses and maternal and health workers are required to obtain a nurse license, but not to take an additional training course. Nurses working in special areas should be legally recognized as nurse specialists. The regulations to control various qualification standards consistently should be established. Fourth, the qualifications and types of nurses by area prescribed by Article 54 of the Health and Medical Act are not consistent with those of special nurses as recognized by affiliated organizations of the Korean Nurse Association and some hospitals. Accordingly, the qualifications and types of special nurses should be adjusted in consideration of special nurses. Fifth, as Article 16, Paragraph 2 of the Health and Medical Act does not prescribe the type and scope of first - aid treatment that nurses can provide, the first-aid treatment of nurses might be considered as an unlicensed practice. The specific regulations regarding these matters should be established. Sixth, the contents of the nursing record, which are prescribed by Article 21 of the Health and Medical Act as a duty, include 1) matters concerning body temperature, pulse, breath and blood pressure 2) matters concerning drug prescription 3) matters concerning input and output 4) matters concerning the treatment and nursing care (Article 17 of the Enforcement Regulations, Health and Medical Act). However, these matters are limited to basic nursing care and assistance in medical treatment. The new recording methods on nursing process are suggested to be adopted legally. Seventh, the prescription right entrusted to nurses which are prescribed by the School Health Act, the Special Act on Health and Medical Service for Rural Areas, and the Industrial Health and Safety Act are not consistent with the rights of nurses as prescribed by the Health and Medical Act. New regulations prescribing the partial right for medical treatment entrusted to nurses in consideration of the restraint of time and place in emergency situations should be established.

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An Analysis on the Legislative Process and Problems of the Special Act on ICT (ICT특별법의 제정과정 및 문제점 분석)

  • Chung, Choong-Sik
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.111-128
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    • 2014
  • President Park Geun-hye Administration has established the Ministry of Science, ICT and Future Planning (MSIP) to build a creative economy using Information and Communication Technology (ICT). July 2, 2013, The National Assembly has legislated the special act on the ICT promotion and convergence so called special ICT Act. This special ICT Act has reduced the legal basis through legislative process and departmental agreement. Therefore many experts worried that since the MSIP's key functions and roles are being reduced, there will be a limit to the MSIP's endeavor for the advancement of science technology and the ICT promotion and convergence. The establishment of the Agency, together with the formation of 'IT Strategy Committee', is considered to be one of the core items of the Special Act on ICT. MSIP originally planned to integrate the ICT R&D functions scattered across many governmental organizations, including Korea Communications Agency (KCA), KEIT and Korea Creative Contents Agency (KOCCA), into the Agency to separate the national ICT R&D from private R&D and streamline the process of 'discovery-selection-evaluation-commercialization'. The analytical results in this study are supposed to the establishment of efficient ICT governance systems as the practical strategies to actively cope with the changes of ICT convergence environment. It is also expected to the revision on the special ICT Act in the ICT budget and governance. Therefore, MSIP should cover research and development (R&D) as well as major ICT promotion functions to a creative economy.

Korea's Science and Technology Manpower Policy: Focusing on the Special Act on Support for Scientists and Engineers and its Action Plans

  • Seongsoo Kim;Changyul Lee
    • Asian Journal of Innovation and Policy
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    • v.12 no.1
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    • pp.001-026
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    • 2023
  • This paper dealt with the Korean manpower policy in science and technology, focusing on the contents and tools of the Special Act and its Master Plans. After briefly introducing the historical development of the Korean manpower policy from the 1960s to the present, it discussed and analyzed the Special Act and Plans from the framework of personnel development, distribution, utilization and infrastructure. Korea's science and technology manpower policy has focused on fostering and supplying manpower in line with the country's industrial growth strategy. In the early stage of industrial development during the 1960s and 1980s, government research institutes were direct and effective tools for nurturing S&T manpower. Since the 1990s, the importance of university research has increased. The government fostered graduate research manpower through the research-oriented university policy of the BK21 program. After the IMF financial crisis in 1997, the tendency of students to avoid careers in science and technology led to enacting the Special Act (2004) governing the field of S&T human resources. The Special Act has contributed to leveling up the university education system in science and engineering and sophisticated the policy to include entrepreneurship training, spin-off startups, industry-university cooperation, and offering degree programs. The Special Act and the regularly revised Master Plans have been essential tools in systematically managing the science and technology manpower policies of the Korean government.

Changes in and Tasks for the Safety Management System for Port Workers: The Special Act on Port Safety (「항만안전특별법」 시행으로 인한 항만근로자 안전관리의 변화와 과제)

  • Miju, Kim;Seokhwan, Kim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.4
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    • pp.449-455
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    • 2022
  • Objectives: In order to provide basic data for future researchers, this study aims to explore future tasks after reviewing the changes in port safety management due to the enforcement of the Special Act on Port Safety. Methods: The provisions of the Special Act on Port Safety were analyzed and the latest literature related to port safety management was reviewed. Results: There are two major changes that have stemmed from the Special Act on Port Safety: 1. The scope of application for port participants has been expanded, safety education has been made compulsory, and safety management plans have been established and implemented for each business site. 2. The government is operating a port safety consultative body for each port and has hired one port safety inspector for each of the eleven local maritime and fisheries offices across the country. Future tasks include elaboration of port safety accident statistics, strengthening shipping companies' responsibility for stevedore safety, the unification of contracts, and government interest and support for port safety facilities. Conclusions: The primary feature of the Special Act on Port Safety is the emphasis on autonomous safety management by participants in port transportation. In addition, the enactment of the special law has allowed the Ministry of Maritime Affairs and Fisheries to actively intervene in port loading and unloading safety.

Comparative Study of Security Services Industry Act and Police Assigned to Special Guard Act - Focused on special guards and police assigned to special guard duty - (경비업법과 청원경찰법의 비교 연구 특수경비원과 청원경찰을 중심으로)

  • Noh, Jin-keo;Lee, Young-ho;Choi, Kyung-cheol
    • Korean Security Journal
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    • no.57
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    • pp.177-203
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    • 2018
  • Police Assigned to Special Guard Act was legislated in 1962 to solve issues regarding the protection of various staple industrial installations, and in 2001, the Security Services Industry Act was revised to establish an effective security system for important national facilities. Thereby the Special Guards System was instituted. The current law has two parts, with the Police Assigned to Special Guard System and Special Guards System, and many scholars have actively discussed the appropriateness of the integration of both systems to solve problems caused by a bimodal system. However, in spite of these discussions taking place in the academic world, the idea of unification lost its power when the guarantee of status regulation was established for the police assigned to special guard. Strictly speaking, police assigned to special guard is a self-guard, and a special guard is a contractual guard. So, both of them have pros and cons. Thus, it would be desirable to give a legal, constitutional guarantee for both systems by strengthening each of them and making up for the weakness of each of them rather than trying to unify police assigned to special guard and special guard. To begin this process, we need to revise unreasonable legal provisions of Security Services Industry Act and Police Assigned to Special Guard Act as below. First, since the actual responsibilities of special guards and police assigned to special guard duty are the same, we need to make the facilities which they use equal. Second, legal provisions need to be revised so that a special guard may perform the duties of a police officer, according to the Act on the Performance of Duties by Police Officers, within the facility that needs to be secured in order to prevent any vacancy in the guarding of an important national facility. Third, disqualifications for the special guards need to be revised to be the same as the disqualifications for the police assigned to special guard duty. Fourth, it is reasonable to unify the training institution for special guards and for police assigned to special guard duty, and it should be the training institution for police. On-the-job education for a security guard needs to be altered to more than 4 hours every month just like the one for police assigned to special guard duty. Fifth, for a special guard, it is not right to limit the conditions in their using weapons to 'use of weapon or explosives' only. If one possesses 'dangerous objects such as weapon, deadly weapon, and so on' and resists, a special guard should be able to use their weapon against that person. Thus, this legal provision should be revised. Sixth, penalty, range of fines, and so on for police assigned to special guard duty need to be revised to be the same as the ones for a special guard. If we revise these legal provisions, we can correct the unreasonable parts of Security Services Industry Act and Police Assigned to Special Guard Act without unifying them. Through these revisions, special guards and police assigned to special guard duty may develop the civilian guard industry wholesomely under the law, and the civilians would have a wider range of options to choose from to receive high quality security service.

The Introductin of the Special Act on Port Safety in South Korea: First-year Results and Future Tasks (「항만안전특별법」시행 1년의 성과와 과제)

  • Miju Kim;Seokhwan Kim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.34 no.1
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    • pp.26-34
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    • 2024
  • Objectives: The successful implementation of the Port Safety Special Act is a very important matter. Now that one year has passed since its introduction, this study aims to review the achievements so far and identify future tasks. Methods: The provisions of the Special Act on Port Safety were analyzed and the latest literature related to port safety management was reviewed. In addition, an in-depth interview was conducted with a business owner. Results: The achievements over the past year are as follows. As business operators took greater responsibility for safety management, blind spots in safety were resolved to an extent. Specialized training for the port unloading industry was provided, and a safety management system was established for unloading docks. In addition, the Ministry of Oceans and Fisheries was able to intervene in the prevention of safety accidents at ports through the deployment of port safety inspectors. In 2022, the port industry accident frequency and death rate declined compared to the previous year. Conclusions: The "Port Safety Special Act" has become relatively well established in the port industry over the past year. However, since the Serious Disaster Punishment Act was implemented in January of the same year, there is a limit on determining what is necessarily the effect of the Special Act. Future tasks include unifying contracts centered on cargo handling companies, supporting safety management costs, increasing the number of port safety inspectors, producing reliable port disaster statistics, and cooperating between the Ministry of Oceans and Fisheries and the Ministry of Employment and Labor.

Research on serviceability indicators and evaluation method for the revision of Special Act on Safety and maintenance of facilities (시특법 개정을 위한 서비스 성능 지표 설정 및 평가 방법 연구)

  • Park, Taeil;Park, Wonyoung
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2018.05a
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    • pp.312-313
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    • 2018
  • As global climate change leaded to extensive natural disaster and radical deterioration of infrastructures, there was increased attentions for the evaluation of infrastructures. After the collapse of Seongsu Bridge in 1994, Korea has enacted the "Special act on safety and maintenance of facilities" and secured the safety of facilities using systematic and periodic safety inspections. However, current facility inspections are mainly performed by the physical defect and structural analysis, and do not properly consider the serviceability of infrastructure such as capacity of facility and user's satisfaction. Thus, the purpose of the study is to develop an evaluation criteria for serviceability of infrastructures and finally leading to the revision of "Special Act on safety and maintenance of facilities in rational manner.

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An Study on the Public Records Management Act and Special Archives in Korea (공공기록물관리법과 특수기록관리제도에 관한 고찰)

  • Youn, Eunha
    • The Korean Journal of Archival Studies
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    • no.79
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    • pp.169-203
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    • 2024
  • The records managed in special archives are core records of our society produced and managed by actual power players in the decision-making process. The Public Records Management Act stipulates that the transfer period of non-public records under its jurisdiction may be extended to 30 years after the end of the year of production only to special archives, and that the transfer period may be extended if it is necessary to continue to use them for business performance even after 30 years. In order to understand the exceptional procedures and implementation of this special records management system, an analysis of not only the meaning of special records but also the characteristics, scope, and types of special records must be preceded. In addition, the implementation method of the special records maintained by the institution must be analyzed. It also needs to be reviewed. Therefore, this paper first analyzed the transfer status of special records revealed in the National Archives' white paper and statistical data and examined the types, categories, and characteristics of special records and special archives. Second, we reviewed the establishment of special archives by 2023 and changes in operating methods according to the organizational system.

A Comparative Study on the Korean Type Regulatory Sandbox System : the Industrial Fusion Promotion Act, the Information and Communication Convergence Act, the Financial Innovation Act, A Study on the Regional Special Districts Act (한국형 규제 샌드박스 제도에 대한 비교분석 연구 : 산업융합촉진법, 정보통신융합법, 금융혁신법, 지역특구법을 중심으로)

  • Choi, Ho-Sung;Kim, Jung-Dae
    • Journal of Digital Convergence
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    • v.17 no.3
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    • pp.73-78
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    • 2019
  • Recently, there is a need to introduce a Korean-style restriction sandbox system that exempts or suspends existing regulations so that new products or services based on new technologies can be commercialized without restrictions. In response, the government reorganized the relevant statutes to promptly check regulations centering on four fields, including industrial convergence, ICT, FinTech, and regional innovation growth, and to allow experimental, proof and market releases by setting certain conditions(zone, period, scale, etc.). However, despite the same regulatory sandbox application, depending on the nature of the field applied, differences in application subject, whether application of regulatory specifics, system of push ahead decision-making and whether support of financial and taxation are shown. This research is intended to present efficient operation measures for successful settling of Korean-style regulation sandboxes by comparing and analyzing, centering on the Industrial Fusion Promotion Act in the Industrial Convergence Field, ICT field's Information and Communication Convergence Act, FinTech field's Financial Innovation Act and Regional Special Zone Act in the Regional Innovation and Growth Sector.

A Study on the Compliance of the Occupational Safety and Health Act by Busan and Gyungsangnam-do Province Working Environment Measurement Institutions (부산·경남지역 작업환경측정기관의 산업안전보건법 준수 실태 및 준수율 제고를 통한 측정기관 종사자 건강보호 방안 고찰)

  • Lee, Hyunseok
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.31 no.4
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    • pp.440-450
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    • 2021
  • Objectives: This study aims to investigate whether working environment measurement institutions(WEMIs) are conducting safety and health education, risk assessment, and oversight of special management materials, and whether working environment measurement and special medical examinations are being conducted as prescribed in the Occupational Safety and Health Act(OSHA). Methods: In of February 2021, a questionnaire was prepared and distributed to 33 WMEIs registered with the Ministry of Employment and Labor(MoEL) in Busan and Gyeongsangnam-do Province. The responses were collected and then analyzed. Results: The findings show that 5 WEMIs(15%) complied fully with OSHA. Risk assessment was conducted by 13 WMEIs(39%) and safety education by 11 WMEIs(33%). Eighteen WMEIs(55%) conducted working environment measurement, and 29 WMEIs(88%) conducted special medical examinations. The implementation rate of the risk assessment in the health industry(85%) was higher than the one in the special technology industry(11%)(p<0.05). The implementation rate of the special medical examination in the examiners(54%) was not as high as the one in the analysts(91%)(p<0.05). Conclusions: The MoEL needs to check whether basic OSHA requirements are being observed during regular inspections by WEMIs. These findings indicate that it is necessary to prepare a plan to improve the rate of compliance with OSHA regulations.