• Title/Summary/Keyword: Unfair Treatment

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The context of concentration and polarization of Korean film industry (한국 영화산업의 집중성과 불균형의 맥락들)

  • KIM, Meehyun
    • Review of Culture and Economy
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    • v.21 no.1
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    • pp.3-20
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    • 2018
  • This study investigates a comprehensive context between the vertical integration and concentration of Korean film market. The concentration of distribution and screening markets are result of industrial strategy to defend demand uncertainty and to pursue economies of scale. Major distributors are increasingly inclined to defend industrial risk by concentrating resources on blockbusters and bargaining power of the multiplex is getting strengthened by distribution competition to secure as many screens as possible. Vertically integrated multiplexes operate discriminatory preferential treatment to their affiliates, however, there is a difference in degree of discrimination between vertically integrated groups. Furthermore, it is difficult to exclude each other from the distribution competition in which the largest screen number has to be secured. It is difficult for multiplex only to pursue the interests of affiliates and make negative choices in screening performance. As the number of screening screens increases, the seat occupancy also increases. As a result, the polarization of the distribution and screening markets, including the screen monopoly, is a phenomenon that occurs commercial films centered markets and the unfair behavior of the vertically affiliated multiplex has a limited effect on the movie market.

Is the U.S. Trade Expansion Act Section 232 Consistent with GATT/WTO Rules? (미국 무역확장법 제232조 조치는 GATT/WTO 규정에 타당한가?)

  • Yin, Zi-Hui;Choi, Chang-Hwan
    • Korea Trade Review
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    • v.44 no.1
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    • pp.177-191
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    • 2019
  • Global trade protectionism has increased further and U.S. priorities and protectionism have strengthened since Trump took office in 2017. Trump administration is actively implementing tariff measures based on U.S. domestic trade laws rather than the WTO rules and regulations. In particular, the American government has recently been imposing high tariffs due to national security and imposing economic sanctions on other countries' imports. According to the U.S. Trade Expansion Act Section 232, the American government imposed additional tariffs on steel and aluminum imports to WTO member countries such as China, India, and EU etc. on march 15, 2018. Thus, this study aims to investigate whether the U.S. Trade Expansion Act Section 232 is consistent with GATT/WTO rules by comparing the legal basis of US / China / WTO regulations related to Section 232 of the U.S. Trade Expansion Act, and gives some suggestions for responding to the Section 232 measure. As the Section 232 measure exceeded the scope of GATT's Security Exceptions regulation and is very likely to be understood as a safeguard measure. If so, the American government is deemed to be in breach of WTO's regulations, such as the most-favored-nation treatment obligations and the duty reduction obligations. In addition, American government is deemed to be failed to meet the conditions of initiation of safeguard measure and violated the procedural requirements such as notification and consultation. In order to respond to these U.S. protection trade measures, all affected countries should actively use the WTO multilateral system to prevent unfair measures. Also, it is necessary to revise the standard jurisdiction of the dispute settlement body and to explore the balance of the WTO Exception clause so that it can be applied strictly. Finally, it would be necessary for Chinese exporters to take a counter-strategy under such trade pressure.

A Study on the Awareness of Dental Hygienists on Maternity Protection and Work-Family Balance Assistance Policy

  • Seon-Hui Kwak;Bo-Mi Shin;Soo-Myoung Bae
    • Journal of dental hygiene science
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    • v.23 no.4
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    • pp.396-407
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    • 2023
  • Background: This study investigated the awareness and utilization of maternity protection and work-family balance support policies among dental hygienists in dental hospitals and clinics. Methods: We surveyed 200 dental hygienists. Twenty-two who did not meet the inclusion criteria were excluded, leaving 178 participants for analysis. The self-administered 48-item questionnaire gathered information on demographics, workplace details, policy awareness, government knowledge, and suggestions for improvement. Results: Awareness of maternity and family support programs significantly differed with age, marital status, number of children, and clinical experience. Dental hygienists in general hospitals and university hospitals reported greater ease of utilizing these policies compared to those in dental clinics. Among the participants, 27.7% took pre- and post-maternity leave, 26.6% took parental leave, 16.9% had reduced working hours during pregnancy, 15.8% had reduced working hours during childhood,and 8.5% during family leave. To promote program uptake, participants suggested mandatory implementation across workplaces (68.4%), expanded support for substitute workers (48.6%), and increased education and promotion of government support (42.4%). Conclusion: While most dental hygienists were aware of the Maternity Protection and Work-Family Balance Assistance Policy, utilizing it proved challenging due to several factors. Organizational policies or practices may not fully implement this policy, while workplace culture could discourage its use. Unfair treatment and the lack of available substitutes further hindered access. To prevent career interruptions for dental hygienists due to pregnancy, childbirth, childcare, and family care, and to maintain career continuity, the dental community and government should establish a multifaceted social support system. This system should prioritize several key areas: strengthening policy promotion, fostering a family-friendly atmosphere, improving management and supervision of policy implementation and developing a robust support system for substitute personnel.

Concept Analysis of Health Inequalities using Hybrid Model (혼종 모형을 이용한 건강 불평등 개념분석)

  • Lee, Ha-na
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.3
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    • pp.520-534
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    • 2018
  • This study was conducted to understand the conceptual definition and characteristics of health inequality. To accomplish this, we analyzed data collected from 14 participants as well as from available literature regarding health inequality using the hybrid model introduced by Schwartz-Barcott and Kim. We categorized health inequality into nine attributes in three dimensions. These dimensions included "target", "precede", and "result," corresponding to the target, cause and consequence of health inequality, respectively. Specifically, we define health inequality as individuals, families, communities, socio-economic, or geographically distinct demographic groups that are treated unfairly and result in several problems such as loss of quality of life, reduction of survival rate, or aggravation of a disease due to (i) poor treatment by a hospital (ii) irregular meals, (iii) desperate need for work (for money), (iv) expensive medical care costs, (v) qualitative differences in medical care by regional groups (vi) the lack of knowledge regarding disease (vii) and inadequate health care because of lack of time. As a result of this unfair treatment, human rights violation occurs. The major contribution from this paper is that we provide a guideline for establishing strategies to reduce health inequality by identifying the concept of health inequality. Based on this study, we recommend development of an educational program to reduce health inequalities.

The Use of Diagnostic Ultrasound Devise by Oriental Medical Doctors (한의사의 초음파 진단기기 사용은 무면허의료행위인가? -대법원 2022. 12. 22. 선고 2016도21314 전원합의체 판결-)

  • Lee, Dongjin
    • The Korean Society of Law and Medicine
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    • v.24 no.1
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    • pp.3-42
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    • 2023
  • The Supreme Court en banc decision on December 12, 2022 (docket number 2016Do21314) ruled that the diagnosis of endometrial hyperplasia by an oriental medical doctor using a diagnostic ultrasound device was not an unlicensed medical practice for an oriental medical doctor, which shall be scrutinized by the article 27 (1) of the Korean Medical Service Act. This ruling did not determine that a specific medical practice, especially diagnosis, based on the radiology, which is a part of western medicine, was not an unlicensed medical practice for an oriental medical doctor. Rather, it intended to clarify that the prosecutor should specify and prove the way of diagnosis and he should not prosecute mere the use of a diagnostic ultrasound device itself. To that extent, the ruling is agreeable because, as the oriental medicine community has argued, there is no regulation prohibiting the use of certain devices. It is probable, however, that the way of diagnosis established in radiology, which is a part of western medicine, was actually used in the case. In that case, there is undeniably an unlicensed medical practice for an oriental medical doctor. While many of the cases where the demarcation between (western) medicine and oriental medicine have been problematized thus far have been experimental treatment in nature, the above practice of using ultrasound appears to be frequently done in many oriental clinics, and so it is necessary to cope with the possibility of a disguised unlicensed medical practice. Another problem is the prevention of unfair practice or the protection of medical consumers. In fact, many oriental medical clinics' practice appear to have a tendency of inducing medical consumers' misunderstanding that a diagnosis based on radiology, which is a part of western medicine, were provided. It is hard to respond to this problem with demarcation between (western) medicine and oriental medicine. A new regulation against unfair practice might be necessary to implement.

Concerning the Constitution Court's constitutional decision and the direction of supplemental legislation concerning Article 33 paragraph 8 of the Medical Service Act - With a focus on legitimacy of a system that prohibits multiple opening of medical instituion, in the content of 2014Hun-Ba212, August 29, 2019, 2014Hun-Ga15, 2015Hun-Ma561, 2016Hun-Ba21(amalgamation), Constitutional Court of Korea - ('의료법 제33조 제8항 관련 헌법재판소의 합헌결정'에 대한 평가 및 보완 입법 방향에 대하여 -헌법재판소 2019. 8. 29. 2014헌바212, 2014헌가15, 2015헌마561, 2016헌바21(병합) 결정의 내용 중 의료기관 복수 개설금지 제도의 당위성 및 필요성을 중심으로-)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.143-174
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    • 2019
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

Dentists' Opinions in The Dental Field of Present Health Insurance Claim and Review (건강보험중 구강요양급여의 청구 및 심사에 관한 치과의사의 견해)

  • Chang, Yong-Seog;Ahn, Yong-Woo;Park, June-Sang;Ko, Myung-Yun
    • Journal of Oral Medicine and Pain
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    • v.30 no.2
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    • pp.215-230
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    • 2005
  • The study was intended to investigate how dentists in private dental clinic thought on the present claim and review of dental insurance to reflect it in future establishing dental insurance policies. 1,465 dentists who were running own dental clinic in Pusan Metropolitan City and the south part of Kyungsang province were surveyed in February, 2004. A total of 406 copies of finished questionnaire were finally retrieved and analyzed. The findings are as follows. 1. About insurance claim affairs : Most of the subject of insurance claim was by dentist himself or dental hygienist(nurse). Agency claiming was carried under 20% of total insurance claim. 2. The degree of attendance on insurance lecture : The degree of attendance on insurance lecture was relatively low. 3. Filing a protest against insurance claim : Filing a protest against insurance claim was reavealed about half-and-half for "have been" or "have not been". 4. Private clinic dentist,s opinion about the regulations affecting review of dental insurance : Private clinic dentists opinion about current guide for insurance review of dental fee was“the guidance is difficult and unfair cutback of claim fee may be carried”. 5. The affairs about health insurance review agency : About 70% of private clinic dentists have dissatisfaction on health insurance review agency. 6. Standpoint of private clinic dentists about issuance of receipt for dental fee : About 70% of private clinic dentist have an difficulty in issuance of receipt for dental fee. 7. The affairs about change insurance noncoverage treatment to insurance coverage treatment : Most of private clinic dentists hoped that insurance coverage about full mouth scaling, pit and fissure sealant, fluoride application. But they do not hoped that insurance coverage about geriatric denture, prothodontic treatment except precious metal, photopolymerization resin treatment.

The Phenomenological Study on the Sense of Pressure Shown from the Family Adjustment Experience of Mothers-in-Law with Married Immigrant Women (외국인 며느리를 맞이한 시어머니의 가족적응경험에서 나타난 부담감에 대한 현상학적 연구)

  • Park, Byung-Kum;Noh, Pill-Soon
    • The Journal of the Korea Contents Association
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    • v.14 no.1
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    • pp.250-265
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    • 2014
  • The purpose of the phenomenological study was to explore the sense of pressure shown from the family adjustment experience according to mothers-in-law's perception and to enrich our understanding about multicultural families. In order to accomplish the purpose of research, 5 mothers-in-law with married immigrant women participated. Data were collected through in-depth interview. In addition, the data were analyzed by a Colaizzi's phenomenological analysis. The findings showed that the meaning of family adjustment experience in mothers-in-law with married immigrant women were identified as 31 themes and 7 categories. The 7 categories consisted of "The sense of pressure of son's marriage", "The sense of pressure of an unsatisfactory daughter-in-law", "The sense of pressure of unfair treatment by a daughter-in-law", "The sense of pressure of living with concerned son and his wife", "The sense of pressure of having a foreign daughter-in-law", "The sense of pressure of dependnet daughter-in-law's parents", "The sense of pressure of the future". Based on the findings, we discussed the meaning of family adjustment experience in mothers-in-law with married immigrant women. And lastly, this results made suggestions for the social welfare policies and practices for them and their families.

Foreign Workers' Acculturative Stress in Korea Society (한국사회에서 이주노동자의 문화적응 스트레스)

  • Kim, Sunghee;Kim, Sung Hae
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.14 no.8
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    • pp.3832-3842
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    • 2013
  • This study was conducted to identify acculturative stress in foreign workers in Korea. The data of 123 subjects were collected from January to May, 2010, and analyzed using the SPSS WIN 18.0 program to compare demographic characteristics and acculturative stress. The results: The highest score among 7 subcategories of acculturative stress was homesickness, followed by discrimination. Subjects who had high school diploma were more likely to have acculturative stress than those who were middle school graduates or lower. Those who did not have the community with their homeland people experienced acculurative stress more than those who had. The 7 subcategories showed that those who had homesickness, the sense of being discriminated, culture shock, the homeland community, and the experience of unfair treatment in public had acculturative stress more than their counterparts. Those who did not live with their spouses had homesickness more than the counterpart. Male subjects, those with high school diploma, and those who did not live with their spouses appeared to have guilty feelings more often than their counterparts. The results of this study suggested further studies on foreign workers so that they could adjust themselves well to the Korean society.

Development of Discrimination Experiences Scale for Unwed mothers in Korea (미혼모 차별 경험 척도 개발 연구)

  • Kim, HeeJoo;Cho, SungHui;Kim, JiHae
    • Korean Journal of Family Social Work
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    • no.56
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    • pp.169-196
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    • 2017
  • Korean unwed mothers and their families often experience discriminatory and unfair treatment in their everyday lives. However, there has been little research examining discrimination against unwed mothers and its effects on these women's lives. Therefore, further studies are needed to identify and assess types and degree of discrimination against unwed mothers. This study aims to investigate and develop a reliable and valid measurement scale of experiences of discrimination for Korean unwed mothers. For developing the scale, the researchers constructed a concept and sub factors, and the pre-scale of 75 items of discrimination experiences of unwed mothers by conducting a literature review and focus groups interviews, Validity and reliability of the scale were tested by carrying out an item quality analysis, a exploratory factor analysis, a correlation analysis, a criterion validity test and a reliability analysis, The scale of 21 items was constructed with three dimensions. This study is significant that it provides the scale of discrimination for Korea unwed mothers with high reliability and validity to identify and verify types and degree of discrimination experiences of unwed mothers.