• Title/Summary/Keyword: formal objection

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Right-relief System of the Disputes to the Reviewing Medical Expenses in Health Insurance (건강보험 진료비 청구 및 심사지급에서의 권리분쟁과 구제)

  • Kim, Un-Mook
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.119-164
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    • 2007
  • Improving the formal objection system regarding reviewing medical expenses requires authority and confidence in the aspect of well-functioning the health insurance review and assessment system, legally and appropriately. The purposes of improvement of the formal objection system should aim for protecting the people's right of health. On handling the formal objections, the disputes of the rights should be settled economically and promptly by fairness, specialty, and objectivity in the health insurance review and assessment administration. Therefore, in order to promote the administrative specialty of health insurance, the formal objection committee needs to be organized independently and guaranteed expertly. Under the current formal objection system, however, the organization of committee lacks right-relief function, recognition and public relation as a health insurance appeal system, and related professional man powers. It is also analyzed that there are several controversial points, such as mass deliberation to the formal objection committee and its conference procedure. As a measure of improvement, it is analyzed that the committee needs to be organized independently with a proper number of professional man powers. The strict deliberation procedures and the prohibition of the decision-making by non-conference are also required to be empowered. The formal objection procedure provides the beneficiaries and the claims legitimately, so that it secures the legal relations on the health insurance system. Therefore, on the conference process of formal objection, the expert and guaranteed protection should be provided promptly, and its procedures to the appellants should also be assisted kindly.

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A Study on a Direction of Improving the Health Insurance Appeal System in Korea (건강보험 권리구제제도의 개선 방향에 관한 연구)

  • Kim, Un-Mook
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.219-268
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    • 2006
  • In July 1989, Korea had achieved the national medical insurance system comprehensively covering the whole population since its inception of 12 years before, and subsequently the plural medical insurers had integrated to the unique health insurer system in July 2000. But there yet remain some problems to be improved under low contributions rates and poor benefit packages, especially the shortage of assuring beneficiaries' rights. The Health Insurance Appeal System is composed of a two-tiered system of committee. The Formal Objection Committees built in the National Health Insurance Corporation and in the Health Insurance Review Agency respectively examine the formal objections to the decisions of the Corporation, or the Review Agency. And the Dispute Mediation Committee built under the command of the Minister of Health and Welfare reviews the protests against the decisions on the formal objections by each Formal Objection Committee. To cope with the appellant in relation to the administration on the qualification of the insureds, contributions, and insurance benefits etc, is found to be unsatisfactory. There's the reason of poor function on right-relief caused by the loose composition of the Appeal Committee, the deficit of people's recognition and P.R., the lack of professional manpower and the Committee's independency, and time lag in making decisions and so on. Consequently the Appeal System should be improved to secure the rights-relief function, to empower the professionalism of the Appeal Committee, to strengthen P.R. for the beneficiaries, to build up the staff's proficiency through training, and to develop the quality of administrative services.

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Retro Expressed in Culture and Dress of the 19th Century - Focused on Woman's Dress to Neoclassicism and Romanticism - (19세기(世紀) 문화(文化)와 복식(服飾)에 표현(表現)된 복고(復古) - 신고전주의(新古典主義)와 낭만주의(浪漫主義) 여성복(女性服)을 중심(中心)으로 -)

  • An, Kwang-Sook;Park, Myoung-Hee
    • Journal of Fashion Business
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    • v.7 no.4
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    • pp.105-120
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    • 2003
  • Culture and society exist in the present, but they came from the past. So did clothing. As dressing is deeply based on culture pattern of the times, it is affected by various culture patterns and still keeps developing in modern times. This study is intended to examine the features of retro fashion on culture and dressing of the 19th century. The features of retro fashion on Neoclassical and Romantic culture and dressing are objection to the existing pattern, recursion to the past, and creativity characteristic of pattern of those days. Neoclassicism arose as it rejected Baroque and Rococo style, and imitated culture and artistic pattern of Greece and Rome. Romanticism objected to formal and universal pattern of Neoclassicism, and imitated Gothic style while recognizing historical facts and studying medieval times. Dressing in Neoclassicism did not accept exaggerated and luxurious Rococo pattern, and imitated simple, soft and straight silhouette of Greece and Rome and created its unique Empire Style. Romanticism imitated luxurious style of Renaissance, the Middle Ages, Baroque, and Rococo, different from simple and straight neoclassical style during the Bourbon restoration, and created its unique style. Thus, it is shown that retro fashion on Neoclassical and Romantic culture and dressing reflect the style of those days.

A Study on Improvement Options of Objection Procedure in the Supervision and Guidance of Maritime Safety Supervisors (해사안전감독관 지도·감독 이의신청 제도의 개선방안 연구)

  • Lee, Seok-Mal
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.25 no.6
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    • pp.708-716
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    • 2019
  • After the Sewol ferry disaster, the maritime safety supervisor system was introduced to strengthen maritime safety control for coastal vessels. If any critical defect is found in vessel facilities during periodical or occasional guidance and supervision on a vessel, a maritime safety supervisor takes an administrative measure: detention of the vessel until it has been completely corrected. The detention order is one of the most powerful regulations exercised by a maritime safety supervisor. It would not be an overstatement to say that the guidance and supervision conducted by a maritime safety supervisor is very important for the safety of a vessel and protection of the maritime environment. However, the regulatory level of each Regional Office of Oceans and Fisheries toward vessels may vary with the enforcers, and an individual's intentional act or negligence might occur during the execution process. Detention of a coastal vessel by the Regional Office of Ocean and Fisheries can easily lead to delayed navigation, and a vessel owner may suffer economic loss from suspension of a charter party. Nevertheless, the Maritime Safety Act does not prescribe filing a petition for objection to the measure of detention order by a maritime safety supervisor. To overcome this problem, therefore, the objection procedure under the Maritime Safety Act has to be reformed to reclaim a right against an inappropriate detention order measure caused by an individual's intentional act or negligence through a formal objection.

Legal Issues on Deception of Fraud and Abuse of Paid Medical Expenses (요양급여비용 허위청구와 사기죄의 법적 쟁점)

  • Hwang, Manseong
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.11-41
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    • 2013
  • Article 347 of criminal law provides the act of deceiving another, thereby taking property or obtaining pecuniary advantage from another. On the other hand, the concepts of fraud and abuse are confused upon interpretation since the definition in National Healthcare Insurance Law is unclear, and it affects closely to the administrative measures such as surcharge levy by the period of inspection, therefore, the disputes continue in the forms of formal objection, administrative ruling and administrative litigation. This study aims to look over the legal problems on application of criminal fraud toward the abuse of 'Paid Medical Expenses(Article 57, Sections 1 and 4 of the National Health Insurance Act)'. The main issues are concept of abuse(Article 57, Sections 1 and 4 of the National Health Insurance Act), the problems of Directions of Health-Welfare Ministry on aspect of 'Nullum crimen sine lege' Principles, the proper sentenc-ing guidelines of fraud.

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Improvement Plan to the Certification System thorough Awareness Analysis of the Private Security Guard Certification Examiner's (신변보호사 자격시험 응시자들의 인식 분석을 통한 자격제도 개선방안)

  • Kim, Il Gon
    • Convergence Security Journal
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    • v.15 no.1
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    • pp.105-113
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    • 2015
  • This study is improvement plan to the Certification System thorough awareness analysis of the Private Security Guard Certification. It's understanding what problems of Private Security Guard Certification by making a qualitative analysis. The findings of the study were as follows: First. skill upgrade who evaluation committee's, Second, introduction of technology what imagery interpretation system, Third, a public offering of examination result and a formal objection.

Balaguer's Mathematical Platonism and the Epistemological Problem (밸러궈의 수학적 플라톤주의와 인식론적 문제)

  • Sunwoo, Hwan
    • Korean Journal of Logic
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    • v.18 no.1
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    • pp.39-64
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    • 2015
  • The most difficult problem for mathematical Platonism is the epistemological problem raised by Paul Benacerraf and Hartley Field. Recently, Mark Balaguer argued that his version of mathematical Platonism, Full Blooded Plantonism (FBP), can solve the epistemological problem. In this paper, I show that there are serious problems with Balaguer's argument. First, I analyse Balaguer's argument and reveal a formal defect in his argument. Then I raise an objection based on an analogical argument. Finally, I disarm some potential moves from Balaguer.

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City Beautification and Art: Some Critical Reflections on "Art on the Street" (도시미화와 예술: '길 위의 예술'에 대한 비판적 소고)

  • Lim, Seong-Hoon
    • The Journal of Art Theory & Practice
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    • no.10
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    • pp.47-61
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    • 2010
  • What is Art on the street? Is it a series of artworks or activities performed on the street? In other words, does "art on the street" refer to "Street Art" such as street performance, happening, graffiti, or wall-painting, or does it refer to "Street Furniture" which is related to "City Design" or "Environmental Design"? In a formal sense, they all belong to Art on the street. However, in this paper, I would like to use Art on the street in an even broader sense. To me, " the street" is a metaphor of "environment." Thus Art on the street is the art related to environment; it is an environment art. Art on the street attests the expansion of the concept of art and shows a new possibility of contemporary art. It is a promising new concept of art, but we cannot ignore the misapplication of the concept that we can find at the crossroad of Art on the street and "city beautification." Of course, Art on the street can and sometimes needs to beautify the city. However we still need to ask how to contribute to the city beautification with Art on the street and how to validate such a practice. City space is, most of all, a space that people live in. It sounds a cliche, but it is worth repeating to better understand Art on the street. When we consider the city space in terms of its system or organization, we often overlook that it is the space in which people live, and which people create. Art on the street concerns not the city itself, but the space in which people live and make relations for each other. Without taking this into account, Art on the street becomes a mere means to' embellish' the city and falls prey to the logic of capital. In this paper, I critically reviewed the problems such as City Development, Spectacularization, City Environmental Design, Public Interest and City Museum. I intended to emphasize that Art on the street is produced in the cultural space of city, but it also tends to break the mold of the cultural space and seeks a new possibility. Some might argue that my claims are unrealistic because Art on the street is not an idea but a practice. While humbly accepting the objection, I hope my critical suggestions guide a more productive direction to continue our discussions of Art on the street.

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A Study on Appeal System according to Disciplinary Punishment of Police Officers (경찰공무원의 징계결과에 따른 소청제기에 관한 연구)

  • Kim, Sang-Woon;Choi, Hung-Cheol
    • The Journal of the Korea Contents Association
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    • v.13 no.11
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    • pp.885-893
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    • 2013
  • Police officers interact with the citizen a lot, they have high possibility of corruption, graft, and conflict with the citizen. The Police have governmental authority and regulation right, which requires police officers to have high ethical consciousness. because of this, disciplinary action upon them has higher standard. According to the actual statistical data between 2008 and 2012, showed that only 801 police officers were disciplined in 2008. But in 2009, average 1,100 police officers were disciplined. To solve the problem of unreasonable discipline, government is enforcing an Appeal System. Appeal system is a special system which allows government employees to make a formal objection against unfavorable discipline. Through Appeal system, many police officers were saved from being disciplined. Discipline given to the police officers were decided to be invalid, or to be reducted. The data showed that approximately 25% of police officers were saved by this system. As a research was done about a correlation between disciplinary policy and entreaty, correlation between entreaty quotation and working department, to look in to the correlation between discipline and appeal system. The result showed that certain characteristic existed depending on the substance.