• 제목/요약/키워드: Violation

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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.

Unconstitutionality of Call to Arms for Police Action (치안활동을 위한 군병력동원의 위헌여부에 관한 고찰)

  • Cho, Sung-Je
    • The Journal of the Korea Contents Association
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    • v.11 no.6
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    • pp.419-427
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    • 2011
  • As for the anti-terrorism bills, which were submitted to the National Assembly, the mobilization of anti-terrorism commando, which was designated or established by the National Defense Minister, is mobilized the military troops without being based on marital law in light of the constitutional law, thereby possibly violating the constitution, first of all, with regards to mobilization of anti-terrorism commando, which was formed with military troops. The anti-terrorism commando is the military force, which was trained professionally for the anti-terrorism activity. Thus, the violation of human rights may be greatly reduced rather than what general soldiers are putted in the public-order activity such as anti-terrorism. However, it is thought to be desirable to make it possible for the input of special forces, which were trained professionally in relation to anti-terrorism activity, through constitutionally revising the constitutional law. As for the provision of 'support for military troops' in the anti-terrorism bill, what is a case that the nation's important facilities and multi-use facilities are difficult to be protected from terror with the anti-terrorism commando and police force needs to be constitutionally regarded as resulting in reaching the level enough to correspond to 'a state of national emergency equivalent to wartime incident.' Thus, enacting the future anti-terrorism law, it is thought to be unnecessary for having the provision of 'support for military troops' with receiving criticism obstinately for possibly violating the constitution.

To ensure transparency in the implementation of national R&D Sanctions(refunds, participation restrictions) Research (국가연구개발 사업비 집행의 투명성 확보를 위한 제재조치(환수, 참여제한)에 관한 연구)

  • Noh, Sang-Kyun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.8
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    • pp.433-440
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    • 2018
  • As government research and development projects become more important, such as the creation of future-oriented growth engines and expansion of budgets, the future vision of R&D is presented through paradigm shifts such as efficiency, investment direction and strategy. On the other hand, research and interest in sanctions are poor, and this paper examines legal grounds, comparative analysis of laws, and cases outside the country, draws implications for domestic applications, have. In addition, we will contribute to the prevention of damages caused by neglect, or the transparency of the execution of research funds. This study was conducted by comparing the characteristics of government R&D and sanctions with the sanctions for the top three R&D investment related SMEs. In Korea, starting with the introduction of sanctions in 2001, the moral hazard of research and development has been prevented through the cumulative violation of aggravation, expansion of the period of restriction of participation, and the introduction of a strikeout system. Nevertheless, fraudulent use of business expenses is constantly being detected. In order to ensure maximum autonomy and stronger responsibility than strong institutions, the willingness of the researchers to execute transparent business expenses, the moral approach to public resources, Precedence of recognition conversion is important.

Effects of Object-Background Contextual Consistency on the Allocation of Attention and Memory of the Object (물체-배경 맥락 부합성이 물체에 대한 주의 할당과 기억에 미치는 영향)

  • Lee, YoonKyoung;Kim, Bia
    • Korean Journal of Cognitive Science
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    • v.24 no.2
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    • pp.133-171
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    • 2013
  • The gist of a scene can be identified in less than 100msec, and violation in the gist can influence the way to allocate attention to the parts of a scene. In other words, people tend to allocate more attention to the object(s) inconsistent with the gist of a scene and to have better memory of them. To investigate the effects of contextual consistency on the attention allocation and object memory, two experiments were conducted. In both experiments, a $3{\times}2$ factorial design was used with scene presentation time(2s, 5s, and 10s) as a between-subject factor and object-background contextual consistency(consistent, inconsistent) as a within-subject factor. In Experiment 1, eye movements were recorded while the participants viewed line-drawing scenes. The results showed that the eye movement patterns were different according to whether the scenes were consistent or not. Context-inconsistent objects showed faster initial fixation indices, longer fixation times, more frequent returns than context-consistent ones. These results are entirely consistent with those of previous studies. If an object is identified as inconsistent with the gist of a scene, it attracts attention. Furthermore, the inconsistent objects and their locations in the scenes were recalled better than the consistent ones and their locations. Experiment 2 was the same as Experiment 1 except that a dual-task paradigm was used to reduce the amount of attention to allocate to the objects. Participants had to detect the positions of the probe occurring every second while they viewed the scenes. Nonetheless, the result patterns were the same as in Experiment 1. Even when the amount of attention to allocate to the scene contents was reduced, the same effects of contextual inconsistency were observed. These results indicate that the object-background contextual consistency has a strong influence on the way of allocating attention and the memory of objects in a scene.

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Labor Human Rights for Care Workers (요양보호사의 노동인권에 관한 고찰)

  • Jeon, Chan-Hui
    • The Journal of the Korea Contents Association
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    • v.13 no.5
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    • pp.234-242
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    • 2013
  • In 2007, Long-Term Care Insurance Law was enacted to share the family burden of caring for the elderly who are unable to perform every day living activities due to their old age and chronic diseases such as senile dementia, diabetes mellitus, stroke and more. Backed by this law, since 2008, care workers have been sent to the elderly care centers or each elder's home to help them not only with their recovery from illnesses, but also with general activities from dressing, eating, bathing, walking even to toileting. However, according to the recently released survey by National Human Rights Commission, it has been found that the caring workers are in a very poor working condition including low income, abused blanket wage system, shortage of welfare services, extra works and even sexual harrassment. It is becoming an important issue due to fast-ageing population, the fact that the care workers have had experiences of violation in their right of labor while they are at work needs to be carefully treated. In that sense, this article presents some difficulties the caring workers face and proposes effective ways to solve these problems through the perspective of human rights and human labor rights based on the report written by National Human Rights Commission. In short, for this law to function properly and to boost the worker's capability of providing better services to beneficiaries, followings can be good answers - enhanced management and supervision on caring plans and care centers, providing immediate counselling and protection for victimized care givers, training courses offered to promote service receiver's sincere respect and strengthened awareness upon care givers.

GIS-based Study on Residential and Neighboring Environment and Residents' Social Exclusion in Slum Area (쪽방밀집지역의 주거환경과 주민들의 사회적 배제에 대한 GIS 활용 연구)

  • Kim, Dong-Seon
    • The Journal of the Korea Contents Association
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    • v.17 no.8
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    • pp.209-225
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    • 2017
  • This study examines the effect of residential and neighboring environment on the residents' social exclusion in Daejeon Chokbangchon, the city's slum area. Based on GIS methodology with residents' addresses and other characteristics, this study finds out the feminization and the ageing trends in the central part of this area. Besides, longitudinal data between 2007 to 2016 shows this area's depopulation resulting in people's spread into other parts of the city. This study took pictures of 252 images of in the streets and indoors, analysed them and defined the problems of residential and neighboring environment. According to this picture analysis, the predicaments of this area was categorized into 4 types such as appearance-hygiene, narrowness-lack of residential functions, safety-privacy violation and stigma. This area ranging 1 km from north to south adjacent with Daejeon railway station was divided into 4 sections with different main problems. The follow-up survey for residents living in each section showed each section was different in work state, neighbor satisfaction, stigma and social exclusion. Finally, residential satisfaction was found to be the most important affecting factor on social exclusion. Based on these results, this study suggests government's housing policy on this area to be more enthusiastic and specific to cope with each problems of sections.

A Study on the Perception about mandated CCTV among Nursery School Principals, Teachers, Parents, and General Public (CCTV 의무화에 대한 어린이집 원장, 교사, 학부모, 일반인의 인식에 관한 연구)

  • kim, Young-Hee;kim, Doo-Jung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.2
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    • pp.311-317
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    • 2018
  • The purpose of this study is to identify the needs of the nursery director, teachers, parents, and the general public regarding the use of mandatory CCTV. In other words, we will examine the benefits, problems, and solutions of mandatory CCTV. The subjects of this study included families, private day care centers, private presbytery, kindergartens, teachers, parents and the general public in D metropolitan city. The research tools were modified and supplemented questionnaires appropriately for the study purpose with reference to the previous research. Collected data was analyzed by frequency and F-test using SPSS 21.0 program. The main results of this study are as follows: First, the benefits of mandatory CCTV for daycare centers is that CCTV becomes objective evidence of human rights incidents, identifies violence among children, and can take measures. In addition, mandatory CCTV can also reduce or prevent abuse. Second, major problems concerning the mandatory use of nursery school CCTV include privacy, violation of basic rights, and education. CCTV is a stressful factor that causes teachers to feel embarrassed, uncomfortable, and tense. Third, the main improvement measures for the nursery school CCTV mandate are to prevent unfair staff and complement existing guidelines for CCTV use. Based on the results of the study, we detail the benefits, problems, and solutions for the nursing home CCTV mandatory poli.

Narrative and Music of Changgeuk Madame Ong (창극 <변강쇠 점 찍고 옹녀>의 서사와 음악)

  • Shin, Sa-Bin
    • The Journal of the Korea Contents Association
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    • v.14 no.12
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    • pp.639-654
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    • 2014
  • What is noticeable in Changgeuk Madame Ong is that for "narrativization," a main character is replaced with Madame Ong and her mother and a reinvented story as a result thereof is the female liberation from oppression. The director sought for the completeness of the narrative with a plot line created (i) by daringly deleting the latter half (episode relating to Gangsoe's death), which was a persistent problem unsolved both in the original and its derivative contents, (ii) by diluting Gangsoe's patriarchal authority and thereby creating the ending of endless love and the fruition of love, and (iii) by severing the link between Madame Ong's doomed fate of widowhood and Gangsoe's doomed fate of death by the violation of a taboo (the key factors of the original story) and at the same time, thereby inserting the doomed fate of death by Jowang (god of fire), declaring a war against jangseung (Korean traditional totem pole), the aesthetic structure representing "fictionization," and enabling a female character to gain love, fame and life through free will and spirit of resistance. The director achieved a remarkable success in terms of composition by (i) taping into a variety of genres of music, (ii) by maximizing the effect of Madame Ong's solo, (iii) by strengthening the "uniqueness of each part" through chorus, (iv) by creating a dramatic atmosphere for the change of scene, (v) by applying a dual variation of tension (resistance theme) and relaxation (freedom theme), etc.

A Case Study on the Resolution of International Investment Disputes Caused by Aggravation of Political and Economic Situation of the Host State - Focusing on the case of CMS Gas Transmission Company v. Argentine Republic (투자유치국의 정치.경제상황 악화로 인한 국제투자분쟁의 해결에 관한 사례연구 -CMS Gas Transmission Company v. Argentine Republic 사건을 중심으로)

  • Oh, Won-Suk;Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.87-109
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    • 2007
  • This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

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A Study on the Alienation and Inheritance of the Right of Publicity (퍼블리시티권의 양도성과 상속성에 관한 연구)

  • Kwon, Sang-Ro
    • Proceedings of the Korea Contents Association Conference
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    • 2009.05a
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    • pp.532-536
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    • 2009
  • Recently the entertainment and sports/advertisement industry have developed rapidly, and the name or identities of celebrities such as entertainers or athletics for the advertisement so that following troubles are occurred continually. Some celebrities actually started a suit for there right of publicity was violated, and won the case. Meanwhile, the right of publicity has become a growing issue in the society. In the States, the right of publicity which controls using one's identity for commercial use, and it is recognized as a right of property separated from the right of privacy. But in Germany, the right of publicity is protected as a human right. On the other hand, in Korea, there is an argument that the mental human right and the right of publicity which has property-characteristic are not separated clearly, and also the attitude of precedent toward the right of publicity is not unified. Especially in Korea, where it is taking the written laws principally, it is not easy to recognize the right of publicity which is a monopoly and exclusion without basis such as any actual laws such as regulation of agreement or any conventional laws. Therefore, as the right protection of celebrities is becoming the social state and there is an agreement with the constituents of the society, now Korea shall progress legislation about the right of publicity, and prepare a legal basis which regulates the remedies for the realization condition, alienation, inheritance, objectives, duration and violation of the right of publicity.

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