• Title/Summary/Keyword: The right of reply

Search Result 5, Processing Time 0.018 seconds

A Study on a Legitimate Plaintiff in Cases Involving a State Request for a Right of Reply (반론보도청구사건에 있어 국가기관의 당사자 적격에 관한 고찰)

  • Yoo, Jae-Woong
    • Korean journal of communication and information
    • /
    • v.21
    • /
    • pp.147-175
    • /
    • 2003
  • This study is primarily concerned with the criteria for choosing a legitimate state plaintiff in cases involving a states request to media for a right of reply. Interpretation of the right of reply itself is different from country to country because of different constitutional views and systems in each state. Unlike the United States, the constitution of the Republic of Korea does not expressly prohibit the making of laws adversely affecting freedom of the press. Accordingly, in Korea freedom of the press may be restricted through legislation within certain limits and the right of reply is not incompatible with the spirit of the constitution. An analysis of relevant law makes it clear that the particular agency aggrieved should initiate the suit rather than the Justice Minister. The idea that the Justice Minister should assume the role of plaintiff in all state cases seems to stem from flawed interpretations of provisions in the Law Governing Registration of Periodicals and the Law Governing Litigation Involving the State. Even though each state agency has the right of reply, it should be cautioned not to abuse it as the states frequent involvement in litigation may bring on unnecessary misunderstanding and have a chilling effect on the media. The right of reply does not always imply that a certain media report in question is wrong and the media should be sanctioned for it. The right of reply is basically intended to help the general public make an informed judgment on issues presented in the media and insure fairness and balance.

  • PDF

A Study on the Height Limitation of a Building in Building Law - Focusing on the Standard of the Ground Level Calculation - (건축법(建築法)에서의 건축물(建築物) 높이제한규정(制限規定) - 지표면산정기준(地表面算定基準)을 중심(中心)으로 -)

  • Kim, Soo-Young
    • Journal of The Korean Digital Architecture Interior Association
    • /
    • v.3 no.1
    • /
    • pp.29-38
    • /
    • 2003
  • The articles on building height limitation are very important to form buildings to be. The application of the articles is based on the surface of the building site ground, that is, the definite judgment of ground level should ensure the correctness of building height limitation. This study surveyed the recognition degree of practitioners about the building height limitation regulations by questionnaires, and analyzed its results and compared them to related building laws and letter of reply from the office to practitioners' inquiry on related regulation. The study summarized the results as follows; 1. It is not clear to judge the ground level. Especially in cases of pilotis structure, there would be various interpretations to define its ground level. 2. According to present building regulations, the site would be confused to define by practitioners whether it is stiff or plain. 3. In case of regulation of a right to enjoy sunshine, it is hard to calculate the average horizontal level(ground level) with neighboring sites. 4. If there were a manual with illustrations for judging and calculating the ground level of various cases, civil petitions would be reduced.

  • PDF

A Study on the Characteristics of lawsuits between the Freedom of the Press and Individual Rights over the Investigative Reporting Program (TV탐사보도 프로그램의 법적분쟁에 나타난 특성 연구)

  • Lee, Seung-Sun
    • Korean journal of communication and information
    • /
    • v.29
    • /
    • pp.233-269
    • /
    • 2005
  • The purpose of the study is to explore the characteristics of lawsuits against investigative reporting programs of the broadcast media. This study proposed three research questions: (1) what were the characteristics of court derisions on the investigative reporting programs? (2) what were the reasonings on which judges rely in the lawsuits for a right of reply? (3) what were the critical issues and how the libel laws were applied in balancing between the freedom of the press and the protection of individual rights. To answer these questions, the study employed quantitative and qualitative methods analysing 35 related cases. This study revealed that investigative reporting programs must deal with the Issues of 'public figures' and 'matters of public concern' to be protected under the freedom of the press. The study also found that the broadcast media must prove legitimate public interests and the truth of the facts to prevail in a case. In 1999, the Constitutional Court of Korea held that pubic figures in libel cases must be regarded differently from private figures. In accordance with the decision, the Supreme Court has applied differing criteria for public figures in libel cases. However, courts have not set a clear definition of the public figure yet. To advocate the freedom of the press, as the results of this study indicate, TV producers and journalists should behave lawfully in the course of newsgathering and provide the opportunities of reply for their news sources.

  • PDF

A Study on the Relationship between Musculoskeletal Symptoms and Health Promoting Life Style among Some Workers (일부 직업인들의 근골격계 자각증상과 강증진생활양식간의 연관성에 관한 연구)

  • Kang Hong-Gu;Lee Eun-Kyoung;Jun Sun-Young;Kim Sang-Deok;Jeoung Jae-Yeal;Lee Yong-Gil;Jahng Doo-Sub;Song Yung-Sun;Lee Ki-Nam
    • Journal of Society of Preventive Korean Medicine
    • /
    • v.5 no.2
    • /
    • pp.40-68
    • /
    • 2001
  • In this study, grade of subjective symptom appealed by laborer of Jeollabuk-do was evaluated using questionary regarding factor made effect on musculoskeletal disease and in addition, studied relationship with health promotion life style of them. Based on the result, relationship of general characteristics of musculoskeletal subjective symptom and life-style of the subjects was concluded as below. 1. General characteristics of study subjects were as following. Ratio of male was higher as 57.7% of male and 42.2% female and age distribution was 5.1% of 20s, 34.99% of 30s, 36.3% of 40s and 23.7% of 50s and therefore, $30{\sim}40$ aged groups showed highest ratio. Most subjects (74.9%) was married status and in case of education level, high-school graduate and dropout (23.3%) and over-college graduate (46.8%) showed highest distribution. $1{\sim}2$ Mil. KRW (29.5%) and $2{\sim}2.99$ Mil. KRW (21.2%) is the main income distribution and however there was high ratio of non-reply (29.0%). In case of employment period, $10{\sim}14$ years (15.3%) and over 15 years (29.6%) showed highest ratio and there were many non-reply (39.4%) and in addition, 67.6% replied as own house and 14.3% as lease on deposit base in question of residence type. 2. Subjects showed high ratio of subjective symptom appeal of 62.79% and many cases (50.23%) appealed 1 or 2 symptoms. Symptom by body region was 29.8% (waist), 27% (shoulder), 21.2% (knee), 15.5% (neck), 9.5% (ankle), 8.1% (wrist) and 5.0% (elbow) in order. In case of relationship with general characteristics, female comparing with male, non-residence of own house, subjects with lower education level and employment period of $10{\sim}14$ years showed higher appeal rate and kind of symptoms than others. Therefore, it was concluded that rate of musculoskeletal symptom appeal have close relationship with gender, level of living, education level, age and employment period. 3. In case of severe pain of upper body except waist and ankle, it was appealed in both or right side and it means that upper body pain is originated from right side and right region pain is transited to both region pain. In addition, there was 39.41% of non-reply to existence of right-left region pain and therefore, it was evaluated that, in may cases, there was no awareness of their own symptom condition even on subjective symptom. 4. Degree of pain was, as pain over middle level, evaluated as 2.79 on full mark of 4.0 and in order of waist (2.97), ankle (2.83), knee (2.82), wrist (2.82), neck (2.79), shoulder (2.70) and elbow (2.62). In addition, 71.97% appealed $2{\sim}3$ cases for the latest 1 week. Owing to subjective symptom, 54.95% drop into hospital or pharmacy, 10.32% made temporary retirement or absence, 7.99% transferred into more comfortable duty and $39.4{\sim}54%$ experienced one or more managing mentioned above. 5. Fulfillment of health promotion life style of subjects was evaluated on full mark of 4.0 and total score was 2.63. Average mark of each area was personal relationship (3.05), self-realization (2.92), stress management (2.63), health control (2.48), physical exercise (2.19) and nutrition management (2.19) and personal relationship was highest and physical exercise and nutrition management were lowest. As general characteristics influencing health promotion life style, gender, residence style and employment period showed significant difference. Male showed higher mark than female and showed higher mark in order of own house, others, lease on deposit base, monthly rent. Subjects with longer employment period showed higher mark with significant difference. 6. Accounting of factor influencing each area of health promotion life style, self-realization showed significance in marriage status, income, residence style and education level and health control in age, residence style and employment period. Physical exercise showed significant difference in gender, age, residence style and employment period and nutrition in gender, age, residence style and employment period. Stress management showed significant difference in residence style and employment period and however not in personal relationship. 7. Health promotion life style relating with existence and kind of pain showed significant difference in all area except personal relationship area. In absence of pain, there was statistically significant high score in all area even in total health promotion life style and all area. Accounting of kind of pain, cases of $1{\sim}2$ kinds of pain and $5{\sim}6$ kinds of pain showed relatively high score and it was lower than mark of subject stated absence of pain. 8. Subjects appeal symptom were classified by symptom region and difference of total and each areas were evaluated. General area (p=0.002), self-realization (p=0.012), health management (p=0.023), physical exercise (p=0.028), nutrition management (p=0.028) and stress control (p=0.001) showed statistically significant difference and not in personal relationship area. Especially, elbow, shoulder and neck area marked high and group appealed pain of knee, arm and elbow, foot and ankle marked low. Based on those results, subjective symptom should be accounted seriously in diagnosis of occupational musculoskeletal disease of laborer and among subjective symptom, general characteristics of gender, age, condition of living, education level and employment period make effect. Generally subject appeal symptom marked lower than subject without symptom appeal and it means that life management of subject appealing musculoskeletal pain make important role in management and treatment of occupational musculoskeletal disease.

  • PDF

Relationship between Health Knowledge and Needs for Oral Health Education According to Oral Health-related Experience of Some Maritime Police Officers (일부 해양경찰들의 구강보건경험 유무에 따른 구강보건지식수준과 구강보건교육 요구도)

  • Ji, Yun-Jeong;Yoon, Hyun-Seo
    • The Journal of the Korea Contents Association
    • /
    • v.15 no.7
    • /
    • pp.322-329
    • /
    • 2015
  • The purpose of this study was to examine the oral health knowledge of maritime police officers, whose job belonged to the cluster of special occupations, in an effort to provide some information on the development of oral health education programs. The subjects in this study were 499 maritime police officers. After a survey was conducted from March to September, 2013, it's found that just 104 respondents(22.8%) had experience of receiving oral health education. In terms of general knowledge, the respondents who received that education were different from the others who didn't in the level of knowledge on the items related to temporomandibular joint(p=0.026), and there were no differences between the two in knowledge of periodontal health. As for prevention-related knowledge, they had a good knowledge of fluorine. Concerning needs for oral health education, 67.1 percent considered oral health professional manpower to be necessary, and 77.9 percent of the respondents who received oral health education gave this reply(p=0.004). Regarding preference for educational content, the right toothbrushing method was most preferred, followed by oral counseling, the use of oral hygiene supplies, the selection of dentifrice, and nutrition/anti-smoking education. The findings of the study suggest that the development of oral health education programs geared toward the cluster of special occupations such as maritime police is required.