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Review of 2014 Major Medical Decisions (2014년 주요 의료판결 분석)

  • Jeong, Hye Seung;Lee, Dong Pil;Yoo, Hyun Jung;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.155-190
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    • 2015
  • The court sentenced meaningful decisions related to the medical service in 2014. The court assumed the negligence of medical staff in the accident if being broken while using the medical equipment for not an original purpose at the time of surgery and ruled that the compensation for damage can be recognized in recognition of the causal relationship between the explanation duty violation and side effect's happening when unproven surgery on safety is implemented regarding the duty of explanation, that in the case of cosmetic surgery, the subject on the duty of explanation needs to be expanded compared to the general medical practice and that the duty of explanation cannot be accepted for the range that cannot be expectable. Also, the court has provided the requirement and limitation of self-determination exercise in case of the crash between patient's self-determination and doctor's duty of care and has ruled that as automobile insurance contract is a contract with the insurance company to pay regarding liability for car accidents, treating patients and taking the insurance money is not illegal activity even for the unlicensed hospital violating the medical law while established. The judgment stating the opinion that medical practitioners cannot be punished according to the medical law prohibiting the receiving of rebate in case that medical practitioners did not receive benefit while the medical institution itself gained an unfair economic benefit also stands out. And the court has ruled that even if the medical institution who received a business suspension is closed, the suspension is still effective in case that the same operator opens a new medical institution in the same place, ruled on the requirement to conduct a medical service outside of the medical institution that the doctor opened and ruled that the administrative penalty cannot be conducted prior to the conviction on charge of violating the medical law.

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An Analysis of Elements in Yen-Ben Street That Form a Sense of Place as an Ethnic Enclave (소수민족집단체류지역(Ethnic Enclave)으로서의 옌볜거리의 장소성 형성 요인 분석)

  • Han, Sung-Mi;Im, Seung-Bin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.36 no.6
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    • pp.81-90
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    • 2009
  • This study seeks those elements that form a sense of place in Yen-Ben Street, which represents a typical ethnic enclave in Seoul, to provide a basic resource in the creation of an urban landscape that can provide a positive space for cultural diversity. The results of the study can be summarized as follows: First, the element of a physical environment that develops a sense of place was in fact the poor dwellings that correspond to the economic condition of Korean Chinese. While this element has a negative cognition to outsiders, Korean Chinese feel positively toward it. Secondly, signboards were a physical element of sense of place which retains cultural identity as a means of communication inside the community. Thirdly, it was found that activities such as shopping, recreation, and the exchange of information that are found in the pursuit of daily life act as an essential element in the formation of a sense of place even more than architectural elements. Fourthly, the appropriation of space by Korean Chinese and the isolation from the surroundings were obvious. This isolation is perceived as a negative sense of place formation to outsiders in Yen-Ben Street. Fifthly, the aspects of cultural dualism, mingling the concepts of home country, language, writing, and food have also affected the formation of a sense of place in the area. Sixthly, transience was a prominent phenomenon of Yen-Ben Street and is strengthened by illegal immigration. Although transience causes negative impacts such as in a lack of concern for the residential environment, it acts as a positive factor in the sense of place by mitigating uneasiness, and strengthening insider ties and cooperation.

Development of Multiplex PCR Assay for Identification of Eight Species from Meats in Korea (국내에서 유통되는 8종의 식육감별을 위한 multiplex PCR법 개발)

  • Heo, Eun-Jeong;Ko, Eun-Kyung;Yoon, Hyang-Jin;Kim, Yeon-Hwa;Kim, Young-Jo;Park, Hyun-Jung;Wee, Sung-Hwan;Moon, Jin-San
    • Journal of Food Hygiene and Safety
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    • v.31 no.1
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    • pp.28-35
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    • 2016
  • Species identification of animal tissues in meat products is an important issue to protect the consumer from illegal and/or undesirable adulteration; for economic, religious and health reasons. In this reason, accurate analytical methods are needed for the labeling of meat products with requiring simple and fast procedure. Recently, applications of PCR in food analysis have been increased because of their simplicity, specificity and sensitivity. Therefore, in this study, a multiplex PCR assay was developed for the simultaneous identification of eight species of cow, pig, chicken, duck, goat, sheep, horse and turkey from raw meats. The primers were designed in different regions of mitochondrial 16S RNA after alignment of the available sequences in the GenBank database. Two multiplex primer sets were designed as Set 1 (cow, pig, chicken, duck) and Set 2 (goat, sheep, horse, turkey), respectively. Total 274 samples from cow (n = 55), pig (n = 30), chicken (n=30), and duck (n = 30), goat (n = 40), sheep (n = 33), horse (n = 41), and turkey (n = 15) were tested. The primers generated specific fragments of 94, 192, 279, 477 bp (pig, chicken, cow, duck), 670, 271, 152, 469 bp (goat, sheep, horse, turkey) lengths for eight species, respectively. The animal species specificity was 100% in all eight samples in the multiplex PCR assay. The detection limit of the multiplex PCR assay showed from 100 fg to 1 pg of template DNA from extracted from raw meats. When applying multiplex PCR assays to sample from pork/beef and pork/chicken, beef/chicken tested raw mixed meats and heat-treated ($83^{\circ}C$ for 30min, $100^{\circ}C$ for 20min, and $121^{\circ}C$ for 10min) mixtures, detection limit was 0.1% level beef, pork and pork in beef and chicken in pork and 1.0% level pork in chicken. This study suggest that the developed multiplex PCR assay can be used for rapid and simultaneous species identification of cow, pig, chicken, duck, goat, sheep, horse and turkey from meats.

A Study on Network Hospital and the Ban on Opening and Operating the Muliple Medical Institution (네트워크병원과 의료기관 복수 개설·운영 금지 제도에 관한 고찰)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.281-313
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    • 2016
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution and one of them is to prohibit the operation of multiple medical institutions In the past, there was a provision stipulating the same purpose. But because the Supreme Court interpreted that several medical institutions could be opened if the medical treatment was not made at the additional medical instition which was opened in the another doctor,s license, multiple medical institutions could be opened and operated. However, some health care providers opened the several medical institutions to another doctor's license just by the excuse of the business management and then did illegal medical cares like the unfair luring of patients, overtreatment, and commition treatment for more profits. So, the health rights of the people came to be infringed on. Accordingly, lawmakers amended the Medical Law for medical personnel not to open and to operate more than one medical institution. As the amended medical law prohibited a medical personnel to open multiple medical institution, some medical personnels insisted that the amended medical law is unconstitutional under which they could not be able to open and operate medical institutions on based on free investment and bring out the benefits of network hospitals. But the regulation to prohibit multiple institutions does not apply only to a medical personnel. Many other experts like lawyer and pharmacist can open only one office under such a restriction. If the regulation goes out of force, the procedure that multiple medical institutions should be opened and operated in the capacity as a medical corporation or a non-profit corporation does not have to be followed. And we should keep in mind that the permission for medical personels to open multiple medical institutions could lead virtually to commercial hospital. If in the nation with a very low rate of public medical service, If only a few medical personnels with capital own many medical institutions and operate commercially them, this could cause a falling-off in quality of medical service, ultimately infringe on the health rights and the life right of the people.

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Study on Conservation and Habitat Restoration Based on Ecological Diagnosis for Cymbidium kanran Makino in Jeju Island, Korea (한국 제주도 한란의 생태 진단에 기초한 보전 및 서식지 복원에 관한 연구)

  • Jung, Ji-Young;Shin, Jae-Kwon;Kim, Han-Gyeoul;Byun, Jun-Gi;Pi, Jung-Hun;Koo, Bon-Yeol;Park, Jeong-Geun;Suh, Gang-Uk;Lee, Cheul-Ho;Son, Sung-Won;Kim, Jun-Soo;Cho, Hyun-Je;Bae, Kwan-Ho;Oh, Seung-Hwan;Kim, Hyun-Cheol;Kang, Seung-Tae;Cho, Yong-Chan
    • Korean Journal of Ecology and Environment
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    • v.49 no.1
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    • pp.11-21
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    • 2016
  • Cymbidium kanran Makino is being threatened in its own habitats due illegal collecting and habitat changes by vegetation growth along historical landuse change. In this study, we established habitat restoration model for conservation of C. kanran based on ecological diagnosis. Through exploration to Jeju Island in 2014 and 2015, we identified 27 unknown habitats of C. kanran and in there, abiotic variables and vegetation structure and composition were quantified. Altitudinal distribution of C. kanran was between 200 m~700 m a.s.l. and compared to distribution in 2004, Area of Occupation (AOO) decreased at 82%. Specific habitat affinity was not observed by evenly found in mountain slope and valley and summergreen and evergreen broadleaved forests, but likely more abundant in valley habitats with higher soil and ambient moisture. Total of 96 individual of C. kanran was observed with an average density of $942.6individuals\;ha^{-1}$. The plants showed relatively short leaf length (average=$10.7cm{\pm}1.1cm$) and small number of pseudo bulbs ($1.2{\pm}0.2$). Flowering and fruiting individuals were not observed in field. C. kanran was classified into endangered plant species as CR (Critically Endangered) category by IUCN criteria. Phenotypic plasticity of C. kanran was likely support to sustain in more shaded habitat environment and recent habatat changes to closed canopy and low light availability may exhibit negatively effects to C. kanran's life history. Restoring C. kanran habitat should create open environment as grassland and low woody species density.

Monitoring of Forbidden Medicines as Adulterants in Dietary Supplements Marketed Online by HPLC and ESI-tandom Mass Spectrometry (HPLC 및 ESI-tandom Mass Spectrometry를 이용한 인터넷에서 판매되는 기능성표방식품 중 부정유해물질 모니터링)

  • Lee, Yong-Cheol;Kim, Bog-Soon;Yun, Eun-Sun;Kim, Sung-Dan;Chang, Min-Su;Park, Young-Ae;Shin, Young;Jung, Sun-Ok;Lee, Jae-In;Chae, Young-Zoo
    • Korean Journal of Food Science and Technology
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    • v.44 no.2
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    • pp.148-154
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    • 2012
  • It was carried out to detect anti-impotence drug-like compounds, sibutramine and their analogues in dietary supplements, which are doubtful whether they include illegal compounds. A total of 51 food products were bought online and have been investigated. The separation was achieved on a C18 column, with the mobile phase made up of water (5 mM sodium hexanesulfonate and 0.1% phosphoric acid) and 95% acetonitrile, at a flow rate of 1.2 mL/min with gradient elution using by HPLC-DAD. The UV signals were monitored at 220 nm and 291 nm. LC-ESI-tandom MS was utilized to confirm that detected compounds in samples are the same as the reference materials. Two nutrient supplement foods and ginseng products were found to contain 1.3-82.1 mg of sildenafil, dimethylthiolsildenafil and pseudovardenafil per serving size. In addition, two other processed products were detected to contain 1.7 and 2.2 mg of didesmethylsibutramine, derived from sibutramine per serving size.

A Study on Improvement of the police disaster crisis management system (경찰의 재난위기관리 개선에 관한 연구)

  • Chun, Yongtae;Kim, Moonkwi
    • Journal of the Society of Disaster Information
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    • v.11 no.4
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    • pp.556-569
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    • 2015
  • With about 75% of the population of Korea criticizing the government's disaster policy and a failure to respond to large-scale emergency like the Sewol ferry sinking means that there is a deep distrust in the government. In order to prevent dreadful disasters such as the Sewol ferry sinking, it is important to secure a prime time with respect to disaster safety. Improving crisis management skills and managerial role of police officers who are in close proximity to the people is necessary for the success of disaster management. With disaster management as one of the most essential missions of the police, as a part of a national crisis management, a step by step strengthening of the disaster safety management system of the police is necessary, as below. First, at the prevention phase, law enforcement officers were not injected into for profit large-scale assemblies or events, but in the future the involvement, injection should be based on the level of potential risk, rather than profitability. In the past and now, the priortiy was the priority was on traffic flow, traffic communication, however, the paradigm of traffic policy should be changed to a safety-centered policy. To prevent large-scale accidents, police investigators should root out improper routines and illegal construction subcontracting. The police (intelligence) should strengthen efforts to collect intelligence under the subject of "safety". Second, with respect to the preparatory phase, on a survey of police officers, the result showed that 72% of police officers responded that safety management was not related to the job descriptions of the police. This, along with other results, shows that the awareness of disaster safety must be adopted by, or rather changed in the police urgently. The training in disaster safety education should be strengthened. A network of experts (private, administrative, and police) in safety management should be established to take advantage of private resources with regard to crisis situtions. Third, with respect to the response phase, for rapid first responses to occur, a unified communication network should be established, and a real-time video information network should be adopted by the police and installed in the police situation room. Fourth, during the recovery phase, recovery teams should be injected, added and operated to minimize secondary damage.

An Analysis of Economic and Psychological Factors on the Forest Protection of the Mountain People in Jeonbuk Province -On the Economic Psychological Status Associated with Structure in Forest Production- (산촌주민(山村住民) 산림보호(山林保護)에 대한 경제적(經濟的) 심리적요인(心理的要因) 분석(分析) -산림생산구조(山林生産構造)에 따르는 경제심리상(經濟心理狀)-)

  • Lee, Kwang Won;Kim, Jae Seng
    • Journal of Korean Society of Forest Science
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    • v.36 no.1
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    • pp.38-46
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    • 1977
  • The purpose of this study are to analyze economic and psychological factors associated with the forest protection of the mountain people, and to explain the forms of the forest management by ownership classes, especially with forest in the production structure of the mountain villages, particulary from Aprial 1st to 20th in 1975. And the basis of the data for this study is to have been obtained by the sample of 462 households, in Jeonbuk province, which were selected by the method of Yandom sampling. In order to determine what relations there are between the forest ownership classes are independent and each of the selected economic and psychological factors, the chi-squre test was used. The findings may be summarized as follows; 1. The area per household forest land of the mountain villages farm families with forest was 1.4ha and are middle classes with the cultivated area, and manage their forest in favor of the forest fuel and the byproducts, which we call "Earn Ownership Management Form". As it is acomplished by the agricultural surplus labor, we can't expect the positive forest investments. 2. The expectation of the proceeds of forest investments seems to be high but 30% of them doubtful. And the mountain villages farm families with above 3ha forest area expect their forest investments to be positive and in future they have hope in the economic management from. 3. The mountainous mountain fram families reply to a small sums of capital and the control of after the fact on account of the negative factors of forest investment. But rural mountain villages farm famillies assist on spending too much money for the control and nexious insects damage. 4. The reason about illegal cut away was mainly their fuels problem and then most of moumtain farm villages was used to forest fuel in their fuel. But 57% of mountainous mountain villages farm families not having forest area, and 66% of them get their fual on the self-supply, and 66.9% of them get from public and nationat forest and other's forest. That is one of the big problems of the forest protection. 5. Above 66% of mountain people think that forest law is severe and 50% of mountainous mountain villages farm families think if usual. Especially ones not having forest area but taking advantage of forest among them think so. 6. Rural mountain villages farm families have comparatively positive attitude for protecting forest, but mountainous mountain villages farm families negative. Classes with above 3ha forest area have more outlook of forest protection. And the more such classes are, the better they can protect forest. 7. There are problem about operation and education of the forest law on the mountainous mountain villages farm families.

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WHICH INFORMATION MOVES PRICES: EVIDENCE FROM DAYS WITH DIVIDEND AND EARNINGS ANNOUNCEMENTS AND INSIDER TRADING

  • Kim, Chan-Wung;Lee, Jae-Ha
    • The Korean Journal of Financial Studies
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    • v.3 no.1
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    • pp.233-265
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    • 1996
  • We examine the impact of public and private information on price movements using the thirty DJIA stocks and twenty-one NASDAQ stocks. We find that the standard deviation of daily returns on information days (dividend announcement, earnings announcement, insider purchase, or insider sale) is much higher than on no-information days. Both public information matters at the NYSE, probably due to masked identification of insiders. Earnings announcement has the greatest impact for both DJIA and NASDAQ stocks, and there is some evidence of positive impact of insider asle on return volatility of NASDAQ stocks. There has been considerable debate, e.g., French and Roll (1986), over whether market volatility is due to public information or private information-the latter gathered through costly search and only revealed through trading. Public information is composed of (1) marketwide public information such as regularly scheduled federal economic announcements (e.g., employment, GNP, leading indicators) and (2) company-specific public information such as dividend and earnings announcements. Policy makers and corporate insiders have a better access to marketwide private information (e.g., a new monetary policy decision made in the Federal Reserve Board meeting) and company-specific private information, respectively, compated to the general public. Ederington and Lee (1993) show that marketwide public information accounts for most of the observed volatility patterns in interest rate and foreign exchange futures markets. Company-specific public information is explored by Patell and Wolfson (1984) and Jennings and Starks (1985). They show that dividend and earnings announcements induce higher than normal volatility in equity prices. Kyle (1985), Admati and Pfleiderer (1988), Barclay, Litzenberger and Warner (1990), Foster and Viswanathan (1990), Back (1992), and Barclay and Warner (1993) show that the private information help by informed traders and revealed through trading influences market volatility. Cornell and Sirri (1992)' and Meulbroek (1992) investigate the actual insider trading activities in a tender offer case and the prosecuted illegal trading cased, respectively. This paper examines the aggregate and individual impact of marketwide information, company-specific public information, and company-specific private information on equity prices. Specifically, we use the thirty common stocks in the Dow Jones Industrial Average (DJIA) and twenty one National Association of Securities Dealers Automated Quotations (NASDAQ) common stocks to examine how their prices react to information. Marketwide information (public and private) is estimated by the movement in the Standard and Poors (S & P) 500 Index price for the DJIA stocks and the movement in the NASDAQ Composite Index price for the NASDAQ stocks. Divedend and earnings announcements are used as a subset of company-specific public information. The trading activity of corporate insiders (major corporate officers, members of the board of directors, and owners of at least 10 percent of any equity class) with an access to private information can be cannot legally trade on private information. Therefore, most insider transactions are not necessarily based on private information. Nevertheless, we hypothesize that market participants observe how insiders trade in order to infer any information that they cannot possess because insiders tend to buy (sell) when they have good (bad) information about their company. For example, Damodaran and Liu (1993) show that insiders of real estate investment trusts buy (sell) after they receive favorable (unfavorable) appraisal news before the information in these appraisals is released to the public. Price discovery in a competitive multiple-dealership market (NASDAQ) would be different from that in a monopolistic specialist system (NYSE). Consequently, we hypothesize that NASDAQ stocks are affected more by private information (or more precisely, insider trading) than the DJIA stocks. In the next section, we describe our choices of the fifty-one stocks and the public and private information set. We also discuss institutional differences between the NYSE and the NASDAQ market. In Section II, we examine the implications of public and private information for the volatility of daily returns of each stock. In Section III, we turn to the question of the relative importance of individual elements of our information set. Further analysis of the five DJIA stocks and the four NASDAQ stocks that are most sensitive to earnings announcements is given in Section IV, and our results are summarized in Section V.

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Comparative Analysis of ViSCa Platform-based Mobile Payment Service with other Cases (스마트카드 가상화(ViSCa) 플랫폼 기반 모바일 결제 서비스 제안 및 타 사례와의 비교분석)

  • Lee, June-Yeop;Lee, Kyoung-Jun
    • Journal of Intelligence and Information Systems
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    • v.20 no.2
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    • pp.163-178
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    • 2014
  • Following research proposes "Virtualization of Smart Cards (ViSCa)" which is a security system that aims to provide a multi-device platform for the deployment of services that require a strong security protocol, both for the access & authentication and execution of its applications and focuses on analyzing Virtualization of Smart Cards (ViSCa) platform-based mobile payment service by comparing with other similar cases. At the present day, the appearance of new ICT, the diffusion of new user devices (such as smartphones, tablet PC, and so on) and the growth of internet penetration rate are creating many world-shaking services yet in the most of these applications' private information has to be shared, which means that security breaches and illegal access to that information are real threats that have to be solved. Also mobile payment service is, one of the innovative services, has same issues which are real threats for users because mobile payment service sometimes requires user identification, an authentication procedure and confidential data sharing. Thus, an extra layer of security is needed in their communication and execution protocols. The Virtualization of Smart Cards (ViSCa), concept is a holistic approach and centralized management for a security system that pursues to provide a ubiquitous multi-device platform for the arrangement of mobile payment services that demand a powerful security protocol, both for the access & authentication and execution of its applications. In this sense, Virtualization of Smart Cards (ViSCa) offers full interoperability and full access from any user device without any loss of security. The concept prevents possible attacks by third parties, guaranteeing the confidentiality of personal data, bank accounts or private financial information. The Virtualization of Smart Cards (ViSCa) concept is split in two different phases: the execution of the user authentication protocol on the user device and the cloud architecture that executes the secure application. Thus, the secure service access is guaranteed at anytime, anywhere and through any device supporting previously required security mechanisms. The security level is improved by using virtualization technology in the cloud. This virtualization technology is used terminal virtualization to virtualize smart card hardware and thrive to manage virtualized smart cards as a whole, through mobile cloud technology in Virtualization of Smart Cards (ViSCa) platform-based mobile payment service. This entire process is referred to as Smart Card as a Service (SCaaS). Virtualization of Smart Cards (ViSCa) platform-based mobile payment service virtualizes smart card, which is used as payment mean, and loads it in to the mobile cloud. Authentication takes place through application and helps log on to mobile cloud and chooses one of virtualized smart card as a payment method. To decide the scope of the research, which is comparing Virtualization of Smart Cards (ViSCa) platform-based mobile payment service with other similar cases, we categorized the prior researches' mobile payment service groups into distinct feature and service type. Both groups store credit card's data in the mobile device and settle the payment process at the offline market. By the location where the electronic financial transaction information (data) is stored, the groups can be categorized into two main service types. First is "App Method" which loads the data in the server connected to the application. Second "Mobile Card Method" stores its data in the Integrated Circuit (IC) chip, which holds financial transaction data, which is inbuilt in the mobile device secure element (SE). Through prior researches on accept factors of mobile payment service and its market environment, we came up with six key factors of comparative analysis which are economic, generality, security, convenience(ease of use), applicability and efficiency. Within the chosen group, we compared and analyzed the selected cases and Virtualization of Smart Cards (ViSCa) platform-based mobile payment service.