• Title/Summary/Keyword: Vested Rights

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Why the Prescribing-Dispensing Services Are Not Separated in Korea\ulcorner -An Economic Approach- (의.약분업 왜 안 되나\ulcorner -경제학적 일고-)

  • 변재환
    • Health Policy and Management
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    • v.2 no.2
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    • pp.179-193
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    • 1992
  • This paper attempts to explain why the prescribing-dispensing services are not seperated in Korea. The main reason why physicians and pharmacists do not compromise, even though the two parties support the seperation policy in public, is contended to be that both parties would lose their interests if the policy were implemented. Physicians' loss from giving up their vested rights to dispensing would be larger than their gain from an increase in the number of prescriptions. Pharmacists' loww from being forced not to to sell medicines without prescriptions would also be larger than their gain from prohibiting physicians from dispensing. The net ganier form the seperation policy would be the patients. Therefore, the seperation policy would not be implemented unless political pressure from general public surpasses that from physicians and pharmacists.

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Italian Pension Reform Politics and Labor Unions since 1990's - Social Dialogue, or Mass Struggle? - (이탈리아 연금개혁의 정치와 노동조합의 역할 - 코포라티즘적 협의와 대중적 저항, 두 개의 경로를 중심으로 -)

  • Joo, Eun-sun;Jung, Hae-sik
    • Korean Journal of Social Welfare Studies
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    • no.39
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    • pp.365-393
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    • 2008
  • This research examnied the roles, the strategies and the influence of labor unions on the pension reform. In Italia labor unions were important actors in pension reform politics during 1990s, but in 2004 labor union was excluded from the pension reform. This difference is not only related with diffusion of the leftist party but also the experience of pension benefit retrenchment of the pension reform in 1995 in which labor unions had initiatives. Labor unions choose their strategies, social dialogue or mass struggle, depending on the attitudes of government. After change of government following the failure of the pension reform in 1994 Italian government tried social dialogue. In Dini reform in 1995, laborunions had initiative in making pension reform plan. Labor unions obtained member's approval using membership vote. It had repressed opposition from militant sectors effectively. However Labor unions concentrated on the issues of transition measures and protecting vested rights in seniority pension ignoring problems of contribution evasion of small-firm workers and benefit adequacy of young workers. Even when labor unions leaded social concertation processes and pursued union democracy, labor unions' influences on the pension reform had fundamental limitations.

Correlation between Taste and Fashion in Contemporary Consumer Society and Popular Culture (현대소비사회에서의 취향과 유행의 상관성과 대중문화의 역할)

  • Park, Ki-Ung;Jo, Jung-Yeon
    • The Journal of the Korea Contents Association
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    • v.10 no.2
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    • pp.165-175
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    • 2010
  • This paper claims the argument that the taste of own is not the intrinsic value but is determined by the environment or habitus, based on Bourdieu's theory. This concept of taste leads up to a natural stream of imitation and alignment. We conclude that the stream is the fashion which be justified by the major agreement. But the nature of fashion exists in hegemony and determines a sense of kinship or a point of difference. In this regard, popular cultures as a window circulated fashion have a negative consequence that can be method of discriminating the minority and justifying vested rights. Accordingly, we have to become wary of the strategy of control using fashion and popular cultures, and need to recognize the prior paradigm about fashion. In the process, we can expect that fandom or counter cultures based on digital high technology constitute subjectivity and dynamics of popular by interaction between the objects.

On the Restriction of Cable TV Local Channel's News Commentary Function (케이블TV 지역채널의 해설.논평 금지에 관한 일 고찰)

  • Shin, Tae-Sub;Kim, Jae-Young
    • Korean journal of communication and information
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    • v.56
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    • pp.117-131
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    • 2011
  • This study critically reviews the justifications for the restriction of cable local channel's news commentary function in terms of the fundamental principle of journalism. By doing so, it tries to find some problems and ways to solve them. Broadcasting Law and Korea Communications Commission's Rule inhibiting the news commentary of cable local channel on specific issues conflict with the basis of journalism which is particularly represented in Broadcasting Law. The law and rule tend to solidify public opinion for vested rights of local worthies. In addition, they are likely to degenerate cable local channel to the tools for promoting local government. Therefore, this article proposes the revision of the law and rule towards permitting the news commentary of cable local channel. At the same time, it suggests a new broadcasting policy for inducing cable local channel to increase manpower resources and production investment.

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Theoretical Considerations for Formation and Roles of International Organizations : With Special Regard to Experiential Cases of IAEA (국제기구 형성과 역할에 관한 이론적 고찰 : IAEA의 경험적 사례를 중심으로)

  • Kim Tae-Woon
    • The Journal of the Korea Contents Association
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    • v.6 no.7
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    • pp.79-89
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    • 2006
  • This study attempted theoretical considerations for the formation and roles of international organizations. More specifically, the study examined experiential cases of IAEA's formation and roles, based on the points of realist and liberalist paradigms that show different viewpoints on the formation and roles of international organizations. The findings of this study show that many parts cannot be explained only with theoretical assumptions of liberalist paradigm, such as international organizations' functional merits, game rules, interdependent interests and role independence. Especially as seen in the formation and operation cases of IAEA, the formation of international organizations is mainly motivated by the security of vested rights among powers and their roles may be changed, depending on the mutual policy objectives of the countries concerned.. In this respect, international organizations do not seem to be strictly protected in independence or efficiency of their roles. Therefore, the liberalist hegemony stability theory is useful to explain the formation and roles of international organizations.

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Effects of Institution of Bankruptcy Proceedings on an Arbitration Agreement and Arbitral Proceedings (파산절차에 있어서의 중재합의의 효력과 중재절차)

  • Oh Chang-Seog
    • Journal of Arbitration Studies
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    • v.15 no.1
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    • pp.113-146
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    • 2005
  • Bankruptcy proceedings serve the purpose of the collective satisfaction of the debtor's creditors through the realisation of the debtor's assets and the distribution of the proceeds therefrom. Upon the adjudication bankruptcy, the debtor's right to administer and dispose of the property belonging to the bankruptcy estate shall be vested in the administrator. If a mutual contract was not or not completely fulfilled by the debtor and the other party at the time of the adjudication of bankruptcy, the administrator has right to choose wether to fulfil or terminate the contractual relation. Legal acts that have been conducted prior to the adjudication of bankruptcy and that are detrimental to the debtor's creditors may be contested by the administrator. However, these effects of bankruptcy will have not great influence on the arbitration agreement between the debtor and another party. An arbitration agreement that has been conducted prior to the adjudication of bankruptcy is binding the administrator as an universal legal successor of debtor. Only the arbitration agreement directly disadvantageous to the debtor's creditors may be contested by the administrator. Furthermore, it is not at the discretion of administrator whether or not to submit the dispute to arbitration because an arbitration agreement does not belong under the category of Art. 50 Korean bankruptcy Act which demands a mutual contract. Arbitral proceeding upon the property of the bankruptcy estate and pending for the debtor as plaintiff or against the debtor as defendant at the date of the adjudication of bankruptcy may be taken up at the given status by the administrator. This leads to a change of the party. If a duly summoned party fails to appear in arbitration court, the arbitrator, if satisfied there is no valid excuse, may continue the proceedings and make the award as if all the parties were present. This may be disadvantagious to the debtor's creditors because the arbitral award have the same effects on the participants as the final and conclusive judgement of the court. Even if there is a change of party on side of debtor to the administrator in bankruptcy, the arbitral proceedings will not be automatically postponed or suspended. The matter of how to proceed is at discretion of administrator, when the parties haven't agree on the arbitral proceedings. He can continue the arbitral proceedings without to grant an adjournment of hearing. However, an arbitration award may be challenged by a party dissatisfied and set aside by the court based upon the misconduct that violates the basic rights of the parties to a fair hearing. The arbitrator must treat the parties equally in the arbitral proceedings and give each party a full opportunity to present his case. The arbitrator, therefore, will carefully exercise his discretion in determining whether to continue the arbitral proceedings or to grant a postponing. In the practice, the arbitral proceedings may be usually postponed to grant due process.

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A Study on the Introduction Direction of Private Investigation Law (민간조사업법의 도입방향에 관한 연구)

  • Lee, Seung-Chal
    • Korean Security Journal
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    • no.17
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    • pp.255-276
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    • 2008
  • The important items, which should be considered in Private Investigation Law, can include subjects, licenses, the scope of business, qualifying examinations, and supervisory and penal provisions. The subjects of Private Investigation Law should be permitted to be both natural persons and juridical persons in terms of providing various services, but should be permitted to be juridical persons and should be administered on a license system, even in order to ensure public interests. Concretely, the introduction scope of Private Investigation Law can be regulated to include the followings: that is, investigating the whereabouts identification of runaways and missing children, investigating the personal identification, habit, way of action, motivation, whereabouts identification, real child confirmation, association, transaction, reputation, and personality of specific persons or specific groups, investigating the whereabouts identification of missing persons, owners of government-vested properties or renounced properties, investigating the whereabouts of lost properties or stolen properties, investigating the causes of fire, character defamation, slander, damage, accident, physical disability, infringement on real estate or movable property, and investigating all sorts of accidents including traffic accidents, insurance accidents, and medical malpractices. In the qualifying examination, examinees' age should be restricted to be over age 25. The person, who is exempted from its primary examination, should be restricted to be the person, who has the career of over 20 years in related fields, in consideration of its equity with other certificates of qualification. In the supervisory institution, as the policy institution is the supervisory institution in many countries including France (the police) and Japan (public security committee), so the National Policy Agency should be the supervisory institution in consideration of management aspects. In the penal regulations, especially, we should clarify the management of personal information (personal information protection, personal information management), and so should prevent the infringement of people's basic rights, and then should ensure the public interest.

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A study on the welfare needs of the elderly living alone (홀몸 노인의 복지욕구에 관한 연구)

  • Do-Hyun, Kim
    • Journal of Advanced Technology Convergence
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    • v.1 no.2
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    • pp.63-68
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    • 2022
  • It is not easy to predict the future society in the rapidly changing present, but it is said that a new social environment of sensibility and virtuality will come, and we should pay attention to the fact that women have entered this as the subject. This study is a literature review study on gender roles. Through the study, it was found that gender stereotypes that exist in our society allow men to enjoy a lot of vested rights just by being male, and that women have to endure pain because they are women is accepted as a matter of course. Living in the 21st century, we were able to know the reality that we could not escape the pre-modern patriarchal ideology and still worshiped the idea of preferring boys. Through this study, unlike other elderly groups, elderly people who live alone are likely to be cut off from society and lead a limited life in their own world. However, through the efforts of the government, local organizations, and individuals, the goal of welfare for the elderly is to increase the satisfaction of life for the elderly living alone so that they can enjoy a successful old age. From this point of view, the support measures for the elderly living alone will be effective only when systematic and complementary in various dimensions such as family structure, physical, economic, and social aspects.