• Title/Summary/Keyword: consensus

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Legal Issues in Protecting and Utilitizing Medical Data in United States - Focused on HIPAA/HITECH, 21st Century Cures Act, Common Law, Guidance - (미국의 보건의료데이터 보호 및 활용을 위한 주요 법적 쟁점 -미국 HIPAA/HITECH, 21세기 치료법, 공통규칙, 민간 가이드라인을 중심으로-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.117-157
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    • 2021
  • This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

A study on the impact and activation plan of unmanned aerial vehicle service (무인항공기 서비스 영향성과 활성화 방안 연구)

  • Yoo, Soonduck
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.22 no.2
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    • pp.1-7
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    • 2022
  • The purpose of this study is to discuss the impact of unmanned aerial vehicle service and how to activate it. The discussion on the impact of the introduction of the unmanned aerial vehicle service was examined in terms of economic, environmental, and social acceptance, and a plan to revitalize the industry was presented. In terms of economic impact, if transportation services are increased using unmanned aerial vehicles in the future, road-based transportation cargo may decrease and road movement speed may increase due to reduced road congestion. This can have a positive effect on the increase in the value of land or real estate assets, and it also provides an impact on smart city design. In terms of environmental impact, unmanned aerial vehicles (UAVs) generally move through electricity, so they emit less exhaust gas compared to other existing devices, such as vehicles and railroads, and thus have less environmental impact. However, noise can have a negative impact on the habitat in the presence of wild animals along their migration routes. In terms of social acceptability of unmanned aerial vehicles (UAV) technology, areas that are declining due to the emergence of new services may appear, and at the same time, organizations that create profits may appear, causing conflicts between industries. Therefore, it is essential to form a social consensus on the acceptance of emerging industries. The government should come up with various countermeasures to minimize the negative impact that reflects the characteristics of the unmanned aerial vehicle use service. Just as various systems such as road signs were introduced so that vehicles can be operated on the ground to secure air routes in the mid- to long-term for revitalization of unmanned-based industries, development and establishment of services that should be introduced and applied prior to constructing air routes I need this. In addition, the design and implementation of information collection and operation plans for unmanned air traffic management in Korea and a plan to secure a control system for each region should also be made. This study can contribute to providing ideas for mid- to long-term research on new areas with the development of the unmanned aerial vehicle industry.

Development of Contents for the Activities of Daily Living Training for Life Care - Korean Version (라이프케어를 위한 한국형 일상생활활동훈련치료 콘텐츠 개발)

  • Lee, Chun-Yeop;Park, Young-Ju
    • Journal of Korea Entertainment Industry Association
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    • v.14 no.7
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    • pp.529-538
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    • 2020
  • This study aims to develop of contents for the activities of daily living training - Korean version that reflexes the domestic situation and can be applied to clinical practice. For contents development, a Delphi survey was conducted with 13 experts. In the first Delphi survey, 133 items of activities of daily living training are derived based on previous studies, and then the extracted items are asked to group of experts, and the derived items are answered for actual domestic clinical application. In the second survey, 118 items were added by excluding items with a low content validity ratio (CVR) including the results of the first survey, and adding items that can be derived from other opinions. In the 3rd survey, while presenting the 2nd Delphi survey items as they are, it provides an opportunity to change their opinions by presenting their 2nd response and the 2nd average score of other expert panels, and adding appropriateness and importance together. The data were analyzed to obtain the mean, standard deviation, interquartile range, CVR, convergence, and consensus. Finally, a total of 69 items were selected and 49 items were excluded so that 105 items for CVR 0.54 or higher, 111 items for convergence degree 0.50 or lower, and 70 items for continuity degree 0.75 or higher. Sexual activity, care of others, care of pets, and child rearing are difficult to apply socially and culturally, driving and community mobility cannot be performed within the clinical room, and home establishment and management may have different roles depending on gender, and religious spiritual activities and expression are so personal. For these reasons, these items were found to have low importance or suitability. This study can be usefully used as an indicator on the activities of daily living training - Korean version in clinic or community setting.

A Study on the Rational Improvement of the Regulation and System about Embryo Preservation (배아 보존에 관한 합리적 제도 개선을 위한 연구)

  • Baik, Sujin;Moon, Hannah;Park, Inkyoung;Cha, Seunghyun;Park, Joonseok;Lee, Gyeonghun;Park, Chun-seon;Cho, Heesoo;Kim, Myung-Hee
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.57-95
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    • 2021
  • Korea's period for preservation of embryos is up to five years (the Bioethics Act). However, the study reviewed domestic and foreign laws and drew issues due to the recent demand that the development of related science and technology and the period limitation limit the rights of consent holder for embryo production. the first issue is that preserved embryos are intended for pregnancy, and it is important to ensure that the autonomy of the consent holder is protected through careful consideration based on information such as scientific evidence. the second is that regulations regarding the obligation to manage embryonic preservation institutions are needed. the third is to create a social atmosphere in which embryo creation, preservation, and disposal take place in a minimum range, considering the special status of embryos. based on this issue, the first of the proposals for rational improvement of the regulation and system about embryo preservation is the introduction of an environment in which sufficient explanation and appropriate consent can be exercised and to extend the reasons for the extension of the period, rather than specifying the specific period in law. the second is that institutionalization is necessary considering not only the obligation to manage preservation institutions but also the overall site, such as concerns that may arise as a result. lastly, we propose the introduction of a management method considering the future use of embryos, such as transfer to provide research purposes and donation of pregnancy purposes by others. this process should be a method of sufficient social discussion and consensus, as well as a general consideration of the family relationship with the born child.

Critical Essay on the Notice of the Price Adjustment of Generic Drugs (제네릭 의약품 약가 조정 고시에 대한 비판적 고찰)

  • Park, Jeong Yeon
    • The Korean Society of Law and Medicine
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    • v.22 no.1
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    • pp.91-124
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    • 2021
  • In May 2019, the Ministry of Food and Drug Safety revised the "Pharmaceutical Determination and Adjustment Criteria" with the content of differentially calculating the price of generic drugs according to the registration of the drug substance and meeting the requirements for their own bioequivalence test. According to this revised rule, if their own bioequivalence test is not conducted, even the generic drugs that have already been approved would be lowered in price. I wondered whether this system was introduced with sufficient public legal considerations regarding its legislative purposes and means. Therefore, I reviewed the contents of the revised notice based on whether or not it is valid to determine and adjust the price of generic drugs in terms of the legitimacy of legislative purposes and the proportionality principle after introducing the history and background of the rule. First, I raised a question as to whether the purpose of preventing the overrun of generic drugs is indeed legitimate in terms of the legitimacy of the purpose. In order for the revised notice of "reduction of drug prices when the test requirements are not met," to meet the conformity principle, the premise that it is difficult to recognize safety and effectiveness through consignment (joint) bioequivalence test or that these tests are insufficient in safety and efficacy verification than their own test must be established. Nevertheless, it seems that suffficient review has not been carried out. In order to achieve the purpose of securing safety and effectiveness, the focus should be on 'reinforcement of the standards for bioequivalence test and the management of the bioequivalence test itself' rather than whether it is a their own test or a consignment (joint) test. Third, it is contrary to the necessity and substantiality principle that strict standards are uniformly applied to the products that can be considered to have been sufficiently verified for safety and effectiveness after a considerable period of time has passed after the product approval. In many cases, revised administrative legislations quickly enacted and amended in the state of lack of legal review or consensus, while the regulatory effects resulting from it are quite direct and specific to the regulated person. In this respect, I emphasized that the administrative legislative process also requires substantial review and prior control of the regulatory purposes and means, and that the participation of stakeholders in the legislative procedure is to be strengthened.

A Reflection on the Consumer Culture in the Post-COVID 19 Era from the Lens of Christian Education: Learning from the Drama, Penthouse (포스트 코로나 시대의 소비문화에 대한 기독교교육의 성찰 : 드라마 「펜트하우스」를 중심으로)

  • Won, Shin-Ae
    • Journal of Christian Education in Korea
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    • v.66
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    • pp.113-145
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    • 2021
  • As a contemporary exponent of Bauderillard's Simulation and Simulacra, this paper aims to reflect on the 'consumer culture' criticized by Baudrillard from the lens of Christian Education in reading the Drama, Penthouse related to the notions of the consumption-ideology, the desire and violence of image in the post-Covid 19 era. As Baudrillard begins to realize that the concept of simulation rooted from mass media in the modern society, he explains mass media as the emerging of Simulation or the process of Simulation will lead to the impulsion of reality, which ends up with vanishing the original reality. Baudrillard is explaining in his argument that the process of Simulation proceeds among various areas of the contemporary society being manipulated by mass media. While Simulation is the process of producing the hyperreality characterized by the excess of images that seems more real than the original reality, Simulation brought about Simulacra as excess reality or consequently exploding reality. Christian educators in the post-Covid 19 must know how to deal with critical theory by considering positive ways of avoiding questioning of how to articulate what the norm of universal consensus is in the specific situation. In other words, it should be noted that the nature of the ruling ideology and the ideology of consumption has been influenced or manipulated by mass media. Christian educators especially have to help young people in seeing the messages from the images of the screens, television, soap-opera, and commercial advertising making reality as Simulacre which is more real than the original reality. When the medium becomes the message, the power of medium makes the consumer not reach communication with it. This is the main reason in the controversy about the images on television drama, Penthouse and the impact of images on people's mind. As an exponent of McLuhan's belief that "the medium is the message", Baudrillard argues although the message and a subject of Simulacra(excessive reality) is unexpectedly disappearing, the medium itself is vanished through the silence of image. However, the task of Christian education has to fuel how we teach, learn, share and pass on the Word of God as the Message. Furthermore, it is worth noting that the Message of God cannot be vanished or burst with the impulsion of it, but exists forever. With Baudrillard's ideas of Simulation and Simulacra in mind, the work of Christian education as an observation platform can better engage the reflection on a consumer society of consumerism that makes Church community and a consumer irresistible against the Fake world.

A Study of Life Safety Index Model based on AHP and Utilization of Service (AHP 기반의 생활안전지수 모델 및 서비스 활용방안 연구)

  • Oh, Hye-Su;Lee, Dong-Hoon;Jeong, Jong-Woon;Jang, Jae-Min;Yang, Sang-Woon
    • Journal of the Society of Disaster Information
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    • v.17 no.4
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    • pp.864-881
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    • 2021
  • Purpose: This study aims is to provide a total care solution preventing disaster based on Big Data and AI technology and to service safety considered by individual situations and various risk characteristics. The purpose is to suggest a method that customized comprehensive index services to prevent and respond to safety accidents for calculating the living safety index that quantitatively represent individual safety levels in relation to daily life safety. Method: In this study, we use method of mixing AHP(Analysis Hierarchy Process) and Likert Scale that extracted from consensus formation model of the expert group. We organize evaluation items that can evaluate life safety prevention services into risk indicators, vulnerability indicators, and prevention indicators. And We made up AHP hierarchical structure according to the AHP decision methodology and proposed a method to calculate relative weights between evaluation criteria through pairwise comparison of each level item. In addition, in consideration of the expansion of life safety prevention services in the future, the Likert scale is used instead of the AHP pair comparison and the weights between individual services are calculated. Result: We obtain result that is weights for life safety prevention services and reflected them in the individual risk index calculated through the artificial intelligence prediction model of life safety prevention services, so the comprehensive index was calculated. Conclusion: In order to apply the implemented model, a test environment consisting of a life safety prevention service app and platform was built, and the efficacy of the function was evaluated based on the user scenario. Through this, the life safety index presented in this study was confirmed to support the golden time for diagnosis, response and prevention of safety risks by comprehensively indication the user's current safety level.

The Revision of the Rules of the Workers' Party of Korea and the Organizational Changes of the 'Monolithic Guidance System of the Party Core': Focusing on Party-Government-Military Relations in Kim Jong Un Regime (조선노동당 제8차대회 당규약 개정과 '당중앙의 유일적 영도체계'의 조직적 변화: 김정은 정권의 당정군관계를 중심으로)

  • Kim, Tae-Kyung;Lee, Jung Chul;Yang, Hui
    • Analyses & Alternatives
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    • v.6 no.1
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    • pp.115-162
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    • 2022
  • The Rules of the Workers' Party of Korea (WPK), revised at the eighth Party Congress in 2021, reflect the Kim Jong Un regime's changes in strategic lines and ideological justifications on North Korea's socialism and communism, and its recent stances against the external environment. Moreover, they contain critical changes in the party's organizational system encompassing the central and the provinces. This study explores the organizational changes of the "monolithic guidance system of the party core" stipulated by the new party rules in January 2021, based on the analysis of the entire nine revised rules of the WPK since 1945. In the 2021 Party Congress, the Kim Jong Un regime, which officially came to power after the fourth Party Conference in 2012, has institutionalized the monolithic guidance system centered on the party core, or the head of state, Kim Jong Un. The newly set leadership and execution system, which reorganized party, government, and military organizational structure and accompanied the relevant personnel changes, was derived from the attempts for reinstating the Kim Jong Un regime as a more normalized party-state structure before its 10th year in power in April 2022. The "monolithic leadership system of the party core" established a system of "organizational leadership" through the organization of the Central Committee, directed by the Party Head, or General Secretary. The institutionalization of the new system resulted from the ten-year development of the revival of the party-state structure, which compromised the status of the military and reconfirmed the party's control of the military. This study explains the new system from the perspectives of both institutionalization and top-down unity, shedding light on the new party-military-government relations of the Kim Jong Un regime. The analysis contributes to a better understanding and forecasting of the Kim Jong Un regime's governance, which currently strengthens the monolithic leadership system as a crisis management system in the face of the "triple hardships" of sanctions, Covid and disaster.

Affective Polarization, Policy versus Party: The 2020 US Presidential Election (정서적 양극화, 정책인가 아니면 정당인가: 2020 미대선 사례)

  • Kang, Miongsei
    • Analyses & Alternatives
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    • v.6 no.2
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    • pp.79-115
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    • 2022
  • This study aims to account for electoral choice in the 2020 presidential election by focusing on social identity which forms the basis for core partisan groups. Two views compete to explain the origins of polarization, policy versus party. One emphasizes policy as more influential in choosing presidential candidates. This follows the tradition of retrospective voting theory in which voters' choice rely on government performance. Incumbent president whose performance proves well are rewarded to be reelected. Policy performance is based on measures around distinctive preferences for government spending. Republican Individuals prefer individual responsibility to government support, while Democratic counterparts support government support. Another perspective put an emphasis on the role partisanship which favors in-party members and disfavors partisan out-groups. Interparty animosity plays the key role in determining electoral behavior. This study relies on the Views of the Electorate Research (VOTER) Survey which provides a panel data of several waves from 2011 to 2020. A comparative evaluation of two views highlights three findings. First, policy matters. Policy preferences of voters are the primary drives of political behavior. Electoral outcomes in 2020 turned out to be the results of policy considerations of voters. 53.7 percent of voters tilted toward individual responsibility voted for Trump, whereas 70.4 percent of those favorable views of government support than individual responsibility voted for Biden. Thus effects of policy correspond to a positive difference of 26.4 percent points. Second, partisanship effects are of similar extent in influencing electoral choice of candidates: Democrats are less likely to vote for Trump by 42.4 percent points, while Republicans are less likely to vote for Biden by 48.7 percent points. Third, animosity of Republicans toward Democrat core groups creates 26.5 percent points of favoring Trump over Biden. Democrat animosity toward Republican core groups creates a positive difference of 13.7 percent points of favoring Biden.

Continuation and change of Taiwan's New Southbound Policy in the De-Sinicization: The dynamics of Balancing and Bandwagoning (탈중국을 위한 대만 남향정책의 지속과 변화: 균형과 편승의 동학)

  • Kim, Sunjae;Kim, Suhan
    • Analyses & Alternatives
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    • v.6 no.1
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    • pp.69-114
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    • 2022
  • This paper analyzes Taiwan's 「New Southbound Policy」 from the perspective of 'balancing' and 'bandwagoning' in international politics. Specifically, it examines the changes and characteristics of 'Southbound policies' that have continued since the period of the Lee Teng-hui(李登輝) administration, and examines the meaning of the New Southbound Policy promoted by the Tsai Ing-wen(蔡英文) administration. Taiwan's foreign policy has been strongly influenced by external variables such as U.S.-China relations. Previous Taiwanese governments have actively promoted Southbound policies to advance to Southeast Asian countries such as ASEAN with the aim of 'De-Sinicization', but have not achieved much results. This is because variables such as cooperative U.S.-China relations and strong checks from China played a role at the time. In this environment, Taiwan had to pursue an appropriate 'balancing' between the United States, China, and Southeast Asian countries. However, since the inauguration of the Trump administration, strategic competition between the U.S. and China has been maximized, creating a new space for Taiwan's foreign policy. This is because the U.S. valued cooperation with Taiwan in the process of embodying the 'Indo-Pacific Strategy' to curb China's rise. The New Southbound Policy promoted by the Tsai Ing-won administration is different from the existing Southbound policies in that it seeks to link with the U.S. India-Pacific Strategy and attempts to advance to South Asian countries such as India. From an international political point of view, the Tsai Ing-won administration's New Southbound Policy can be interpreted as a 'bandwagoning' to the United States, not a balanced strategy between the U.S. and China. Strategic competition between the U.S. and China is expected to intensify for a considerable period of time in the future, and honeymoon between Taiwan and the U.S. are also expected to continue. Taiwan's bandwagoning strategy, which actively pursues a link between the New Southbound Policy and the India-Pacific Strategy, is also expected to be maintained.