• Title/Summary/Keyword: enforcement regulations

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A Study on the Nursing Profession as Stipulated by Health & Medical Laws of Korea (우리나라 보건의료법령에 명시된 간호에 관한 연구)

  • Kim, Eun-Young
    • Research in Community and Public Health Nursing
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    • v.8 no.1
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    • pp.116-132
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    • 1997
  • The purpose of the study is to find out how laws related to the nursing profession can be improved by analyzing the rules and regulations concerning nursing. Furthermore, to help settle legal matters in the process of doing nursing work. The data used for the study are the Health and Medical Act, the Maternal and Child Health Act, the School Health Act, the Special Act for Health and Medical Service in Rural Areas, the Industrial Health & Safety Act and the Notice on Nursing Professional Courses analyzed by age and content. The results of the study are as follows : First, basic nursing practice includes 'nursing care for recuperation and assistance in medical treatment and in special areas including the pre-vention of disease, maintenance of health, control of environment, and other therapeutic activities. It is suggested that the phrase 'assistance in medical treatment' should be eliminated as it limits the basic nursing practice to the assistance of the medical treatment. Second, Article 56 of the Health & Medical Act prescribes a special nurse but it does not prescribe a specific job. Accordingly, the new provison concerning the specific jobs of a special nurse should be added or a job guide should be inseated. Third, it is prescribed that those who have completed the training course after obtaining a license are qualified to be a midwife, a special nurse and a nurse practitioner working in special areas. However, school nurses, occupational health nurses and maternal and health workers are required to obtain a nurse license, but not to take an additional training course. Nurses working in special areas should be legally recognized as nurse specialists. The regulations to control various qualification standards consistently should be established. Fourth, the qualifications and types of nurses by area prescribed by Article 54 of the Health and Medical Act are not consistent with those of special nurses as recognized by affiliated organizations of the Korean Nurse Association and some hospitals. Accordingly, the qualifications and types of special nurses should be adjusted in consideration of special nurses. Fifth, as Article 16, Paragraph 2 of the Health and Medical Act does not prescribe the type and scope of first - aid treatment that nurses can provide, the first-aid treatment of nurses might be considered as an unlicensed practice. The specific regulations regarding these matters should be established. Sixth, the contents of the nursing record, which are prescribed by Article 21 of the Health and Medical Act as a duty, include 1) matters concerning body temperature, pulse, breath and blood pressure 2) matters concerning drug prescription 3) matters concerning input and output 4) matters concerning the treatment and nursing care (Article 17 of the Enforcement Regulations, Health and Medical Act). However, these matters are limited to basic nursing care and assistance in medical treatment. The new recording methods on nursing process are suggested to be adopted legally. Seventh, the prescription right entrusted to nurses which are prescribed by the School Health Act, the Special Act on Health and Medical Service for Rural Areas, and the Industrial Health and Safety Act are not consistent with the rights of nurses as prescribed by the Health and Medical Act. New regulations prescribing the partial right for medical treatment entrusted to nurses in consideration of the restraint of time and place in emergency situations should be established.

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Beginnings of the Community Health Practitioner (CHP) System in Republic of Korea (한국 보건진료원 제도의 시작)

  • Yi, Ggod-Me
    • Journal of Korean Academy of Rural Health Nursing
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    • v.4 no.1
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    • pp.31-40
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    • 2009
  • Purpose: This research was done do identify and analyze the beginnings of the community health practitioner system in the Republic of Korea (ROK) around 1980. Method: Primary sources were collected and analyzed, mainly newspapers around 1980, the act for health service for rural areas, and other relative publications. Results: The government of the ROK was trying to solve the problem of doctorless villages and regarded the introduction of primary health care (PHC) services using registered nurses (RNs) to be an economic solution to this problem. The Korean Nurses' Association presented 'a plan for community health service' to the government party and medical association in 1976. In this plan, RNs would provide primary care at the sub-county (myun) level, and hospital would provide secondary care. The Korean Public Health Development Research Center was awarded the project 'RNs and nurse aids as CHP for primary care service and their training'. In 1977, 25 RNs began to work as PHC in 3 areas, and interim findings showed that RNs were very capable of doing PHC. The Ministry of Health and Welfare announced long term plans for health and welfare administration including a tertiary health care delivery system. RNs after training were posted to rural areas with no medical services to do medical treatment for mild cases. The Act for health services for rural areas was enacted on December 31, 1980. Enforcement Ordinance and Enforcement Regulations were enacted in 1981. In 1981, 257 CHP were selected, trained, and deployed. In 1983, the president of the ROK announced continuation of the CHP system for residents of medically vulnerable areas. The number of CHP increased from 257 in 1981 to 2038 in 1989.

Understanding the Change of Irregular Worker Protection System as Incremental Institutional Change (점진적 제도변화 이론을 통해서 본 비정규직 보호제도의 이면적 변화)

  • Son, Yeonu
    • Korean Journal of Legislative Studies
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    • v.24 no.3
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    • pp.85-111
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    • 2018
  • This study examines the puzzle of institutional change of irregular worker protection system in Korea through a theory of incremental institutional change. It is the case of "conversion" mode of institutional change that occurs when ambiguous rules permit reinterpretations of rules and regulations for converting functions of institutions into new ones without formal revision. Management sectors with enforcement power have circumvented main rules of high discretion since 2007. In institutional dimension, the extent of irregular workers and the provisions of limit on employment-period and prohibition-correction on discrimination lack sufficient details. In political context, veto possibilities have been downward. Irregular workers were hardly organized independently and two labor union federations mainly composed of regular workers were less receptive to them. Veto possibilities in legislation were also low: the Economic and Social Development Commission ended up in weak labor representation and labor parties in the National Assembly have undergone dissolution.

Policy Factors in the Development of IT Assistive Devices: A Comparative Study between Korea and America (정보통신 보조기기 발달의 제도적 요인: 한국과 미국의 비교)

  • Cho, Joo-Eun
    • The KIPS Transactions:PartA
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    • v.14A no.1 s.105
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    • pp.25-30
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    • 2007
  • Korea has deeper digital divide between disabled and non-disabled people than other industrialized countries have. This study attributes the deep divide to policy factors and attempts to discern differences in policies concerning IT assistive devices between Korea and America. This study finds that major differences in policy exist between the two countries, and the differences account for Korea's unsatisfactory state of digital divide. Firstly, Korra has different 'perception' of assistive devices. While IT assistive devices are perceived as rehabilitation tools as well as bridges over digital divide in America, they are still foreign to social welfare and rehabilitation of disabled people in Korea. Secondly, the two countries differ in 'enforcement of policy.' In Korea, unlike in America, compliance with regulations on assistive devises is not compulsory. Besides, laws and regulations do not clarify possible sources of financing and legal sanctions, thus their enforcement is hardly effective. Thirdly, Korea's strategy for assistive device 'market' is very different from America's. America has long-term strategies to enliven the market for IT assistive devices. But Korea provided a lump sum of device development fund, and then gave out the assistive devices free of charge. As a result, the IT assistive device market has not been formed, and the foundation for further device development is yet to be constructed.

An investigation on the Improvement of the Working Environment Measurement Reporting Policy (작업환경측정 보고제도 개선 방안 도출을 위한 조사 연구)

  • Lim, Dae Sung;Kim, Chi-Nyon;Lee, Seung kil;Park, Jung-Keun;Kim, Ki-Youn
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.2
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    • pp.172-181
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    • 2022
  • Objectives: In order to reduce the burden on employers and increase the reliability of measurement results, improvements to the provisions related to the work environment measurement reporting system, such as the current Occupational Safety and Health Act and its Enforcement Rules, are planned. This study aimed to suggest improvements for the work environment measurement reporting system through a survey and Delphi investigation. Method: This survey included workplaces (health managers), national institutions (the Ministry of Employment and Labor) that use the results of the work environment measurement reporting system for policy and supervision purposes, and work environment measurement institutions that enter the results were included. In addition to the survey, we tried to derive results through meetings with stakeholders and expert advisory meetings. Results: It is difficult to abolish or partially improve the reporting system under the Enforcement Regulations of the Occupational Safety and Health Act at this point because the opinions of workplaces, supervisory agencies, and measuring agencies differ in terms of its intended purpose and use. In the case of high-exposure harmful factors (over 50% on the basis of exposure) in the "comprehensive opinion" described in the work environment measurement results table, it is necessary to insert unit of work with exposed harmful factors, exposure factors, and current conditions in checklists or tables so that they can be reflected in government policies. In the case of workplaces that are feared to be highly exposed to substances subject to measurement, it seems desirable to improve them so that industrial health instructors registered with the Korea Safety and Health Agency or local labor offices can provide technical guidance. As an improvement plan to increase the reliability of data and the use of big data, it is necessary to improve the input method for processes and jobs. Conclusion: The laws and regulations of the work environment measurement reporting system are difficult to revise due to a lack of consensus among current stakeholders, but improvements can be achieved by improving the Ministry of Employment and Labor's notifications and other means. In addition, in order to effectively utilize the data from the K2B system, it is necessary to improve the input method for processes and jobs.

The Study on Legal Analysis of the Abortion Regulations and National Survey (낙태죄 허용한계에 관한 규범해석과 사회인식도)

  • Lee, In-Young
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.205-290
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    • 2007
  • In Korea, abortion in the Criminal Law is an illegal act in exception of limited cases stated in the Mother and the Child Health Law. There are grounds on which abortion may be carried out - though the grounds are very limited and related such as emergency situation of woman's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations to reform the existing regulations and increase the effectiveness of the regulations. A national survey was carried out using telephone interview with Korean citizens from August 1th to August 31th in 2005. A total of 1,025 citizens (male: female = 49.2%:50.8%) were randomly sampled in proportion to the number of population of 17 regions. The major findings of this survey were as follows. First, 91.4% of the respondents approved of abortion based on the medical grounds. Second 83.3% of the respondents perceived that abortion may be carried out based on ethical grounds for example rape. Third, 74.3% were agreed to abortion based on genetic diseases. Forth, 64.7% were approved the abortion that unmarried woman may be carried out. In contrast 45.0% were approved the abortion that girls may be carried out, whereas 46.4% were perceived that the abortion may not be permitted. Fifth, 58.3% were disagreed the permission of abortion based on social and economic grounds. According to the survey Korean citizens seem to have positive perception on the abortion that may be carried out based on medical, ethical and genetic grounds. Whereas they worried about the abortion based on social and economic grounds. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds. In cases of when the mother has a impossibility to breed her child because of her social situations and financial conditions, we should accepted the legal acceptance of abortion due to social and economic grounds.

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A Product Risk Assessment based on Scenario for Safety Management (제품안전관리를 위한 시나리오 기반의 리스크 평가기법 연구)

  • Suh, Jungdae
    • Journal of Digital Convergence
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    • v.12 no.8
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    • pp.101-112
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    • 2014
  • In this study, a risk assessment method based on scenario for the product safety management in Korea has been developed and proposed. To this end, Korea's related regulations for product safety management should be analyzed first, and the risk assessment method necessary for the enforcement of the regulations is presented by itemizing the method into the case of general injury and toxic substances. The features of the method presented in this study are as follows: (i) It is a method based on the injury scenario which can occur during the use of product. (ii) It assesses a risk based on the probability of the scenario and the severity of injury. (iii) In the case of toxic substances, it assesses a risk considering the hazard of the toxic substances on the human body and the severity of injury. To determine the probability of the injury scenario, this study has decomposed the scenario into several configuration factors and estimates each factor's probability to calculate the whole scenario's probability. The results of risk assessment through the method of this study are presented and it is shown that the method can be applied to the product classification for the product safety management.

A Countermeasure of New Protectionism by Green Growth in Korea (녹색성장과 보호무역주의에 따른 대응 방안)

  • Lee, Woo-Chae;Yoon, Young-Han
    • International Commerce and Information Review
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    • v.11 no.4
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    • pp.395-418
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    • 2009
  • Appeared in the 1970s he started the global warming problem of carbon reduction, unlike the expected withdrawal of the United States was anticipated to be nominal stripping. However, EU mainly carbon market, buy and sell rights to be disposed of evolution was born. In fact, the current reduction of the Kyoto Protocol, and Korea will be designated as the bureau had been scheduled. However, due to economic recession in Korea's status as exempt countries have enjoyed a considerable period. Global warming is a problem in earnest, however, the United States to participate in one or more such discussions since 2013, clearly this will begin the international order. And international order that is more stringent than expected, and is expected to be strong. Then, however, an interesting thing to justify protection of the environment in some countries to protect domestic industry, the movement is visible is the side. In fact the WTO since the conclusion of all non-tariff trade barriers were abolished. However, recently, New Round of the delay based on reciprocity and fair trade in the framework of environmental protection to justify the movement to protect the domestic industry has been captured. These trends are not friendly, never in Korea. The rationale is that these regulations are enforced, many of our countries and countries with significant trade transactions and the enforcement points. And South Korea's automotive, semiconductors, ships, etc. The main products are much discussed in the international regulations are being referred to as the target point is due. Korean government to actively participate in the international situation and efforts to explore new markets, said yesterday, and 'Low Carbon, Green Growth' was declared. And the Intergovernmental Panel on Climate Change(IPCC) recommendations of the best 30% reduction target was present. This is nothing different about this objection is true. A more fundamental solution to faithfully perform the reduction targets, while the development of environmentally friendly products and the incidence of international standards through the development and expansion of new growth engines, Indeed we are expected to be a fundamental methodology.

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A Study on Building Maintenance Institutionalization by Comparing with the Foreign Countries' Cases (국내외 건축물의 유지관리 운영실태의 비교분석에 의한 건축물 유지관리 제도화 방안 연구)

  • Yoon, Hyo Jin
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.31 no.6D
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    • pp.857-865
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    • 2011
  • Under the 'Sustainability Paradigm', the building maintenance system is getting more important because more efficient maintenance means more sustainable building. This paper aims at improving present building maintenance system by comparing with the foreign developed countries' systems. The comparing countries are selected according to the level of building maintenance. As the results, 4 countries including USA, England, Germany, and Japan become the benchmark. The results show that building maintenance regulations are various by social, economic, and cultural characteristics. In addition, though building maintenance policy must be established, first of all, the related regulations and policy targets are prepared before the enforcement of maintenance regulation. The results provide some policy implications: 1. Building maintenance must be controled under the condition that a building can guarantee the safety of people and function of it. 2. Building maintenance system should contribute to the desirable urban environment and architectural culture.

A Study on Revision of Regulations to Promote Recycling of Animal and Plant Residues (동·식물성잔재물의 재활용 촉진을 위한 관련 법규 개정 연구)

  • Oh, Gil-Jong;Park, Seon-Oh;Kim, Ki-Heon
    • Journal of the Korea Organic Resources Recycling Association
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    • v.25 no.2
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    • pp.77-90
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    • 2017
  • In order to promote recycling of animal and plant residues, it is necessary to prepare detailed statistics on the sources, generation amount and the state of disposal so that waste recycling companies and enterprises can obtain the information easily. Also, the recycling methods specified in the law should be appropriate. For this, the study reviewed the appropriateness of detailed classification of animal and plant residues and permitted recycling methods in the Enforcement Regulations of the Waste Management Act of Korea. For improvement of the detailed classification, the study conducted literature review on European and Japanese ones. Additionally, we visited slaughterhouses of livestock and poultry, vegetable oils manufacturing companies, starches and glucose or maltose manufacturing companies, which generate the waste and recycle the waste, to grasp the status of recycling in Korea. Based on the results, the study proposes improvement measures for the detailed classification and the permitted recycling types in the law.