• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.50
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• pp.27-59
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• 2011

This article attempts to describe and analyze the rules on the service provider's duty to provide his service in conformity with the contract under the Draft Common Frame of Reference (here-in-after DCFR), which are applied to construction, storage, design and factual information contracts. It categorizes such rules in accordance with the requirements of conformity with the contract, the time when the service provided must be in conformity with the contract, and the exemptions of the service provider's duty. On the basis of such categorization, it examines the rules on the service provider's duty in each type of service contract under the DCFR. By doing so, it seeks to figure out how the members of EU compromised on the various issues of the service provider's duty under the DCFR which is regarded as the first uniformed legislation in the area of the service contract. This may provide some guidance to the legislators of domestic law for their amendment or interpretation of their laws. In addition to them, this article also seeks to point out problems in terms of their interpretations and gaps in their rules to cover various aspects of non-conformity and put forward some solutions for such problems and gaps.

• Journal of Labour Economics
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• v.33 no.3
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• pp.47-88
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• 2010

Focusing on the Korean experience, particularly a recent amendment which extends maternity leave and increases financial benefits during maternity and childcare leave, this paper evaluates how such an expansion of benefits affects the employment and the hourly wages of young wages of childbearing age. Empirical results from a difference--in-difference-in-differences model having older warren, older men, and young men simultaneously as the control group suggest that neither the employment nor the hourly wages of young women are affected. This implies that the law change does not cause shifts in the labor supply curve and the labor demand curve for young women.

• Journal of the Korean Society for Library and Information Science
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• v.57 no.4
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• pp.233-262
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• 2023

It is essential to have adequate legal regulations to achieve the policy objectives in libraries. This study aims to analyze the structure and critical amendments of the Library Act (Law No. 18547), which was comprehensively revised on December 7, 2021 and has been in effect since December 8, 2022. This analysis examines the normative validity and effectiveness from a policy legislation perspective. As a fundamental law, we explore whether the Library Law possesses legal validity and can contribute to achieving policy objectives by elevating the societal value and qualitative improvement of libraries from an effectiveness standpoint. The analysis results suggest proposing enhancements to the content of objectives and fundamental principles, specifying the responsibilities of the state and local authorities, improving the library policy system, and enhancing the substantial influence of the National Library Commission.

• Journal of the Korean Society for information Management
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• v.41 no.1
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• pp.31-58
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• 2024

This study examines the critical features of 'Library Law' introducing the public library registration system. Accordingly, we conducted a document analysis to explore the legal meaning of registration in the 'Library Law'. We also surveyed participants in the gathering of 34 regional registration authorities to gauge their perception of the registration system. The analysis revealed that the registration with 'Library Law' is a permission system in terms of procedure and method but has the effect of notarization. The estimated national registration rate is 26 percent. The perception survey of the registration authorities' officials exposed the registration-related problems such as inconsistency described in supplementary note, excessive workload, difficulties in staffing, and ambiguity in registration criteria and target. To remedy these problems, we proposed an alternative method for the government to increase the effectiveness of 'Library Law'.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.25-43
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• 2019

This study analyzed the problem of the time difference of medicine price cut in Korea according to the administrative and judicial process and sought to present the amendment in the related law to achieve substantial fairness. We considered unfairness of medicine price cut caused by the administrative and judicial process in three situations, the approval-patent linkage system, realistic differences in the practice of administration and suspension of price cut execution. Based on it, we reasoned out the solution to get substantial fairness in the administrative and judicial process of medicine price cut in Korea. Although each step of the administrative and judicial process is lawful and reasonable, the time difference of medicine price cut according to the administrative and judicial process can result in damages or windfall to both of pharmaceutical company and National Health Insurance Service. In the present legal system of Korea, it is unable to be correct. Thus, we present the amendment to correct the damages and windfall when it happens.

• Journal of Arbitration Studies
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• v.16 no.3
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• pp.53-89
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• 2006

At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

• Journal of Korean society of Dental Hygiene
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• v.17 no.5
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• pp.921-930
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• 2017

Objectives: The purposes of this study were to analyze the trade newspapers related to 'recognition of the dental hygienist as the healthcare professional' using R program and to identify opinions of groups concerned with dental hygienists. Methods: This study was designed with contents analysis and cross-sectional. The subjects of the study were the articles for the last three years in medical and dental newspapers about the recognition of the dental hygienist as the healthcare professional. The collected articles were categorized and classified for each group's opinions about the issue. The key words were extracted according to the priorities of the opinions of agreement and disagreement. They were visualized after frequency analysis using R, a big data analysis program. Results: A total of 237 newspaper articles were extracted among 270 ones containing opinions. 245 were positive opinions and 25 were negatives. The main key words of the agreement were 'Amendment of Medical Law', 'Medical Practice', and 'Legal Guarantee of the Practice'. Advocates addressed that the issues should be resolved with the amendment of the law, as dental hygienists are not guaranteed to work based on the current law although they are actually doing the medical practices. Main key words of disagreement were 'Legal Guarantee of the Practice', 'Revision of Medical Technician Law', and 'Review of Job Type'. They described that the problem can be resolved by revising medical technicians act, and it needs to consider as job types of all healthcare professional. Conclusions: In the group who showed the positive opinions, it is possible to utilize measures such as promoting the cooperation of dental hygienists and developing public consensus through publicity.

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.131-160
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• 2023

An amendment to Medical Law allowing permanent face-to-face treatment has been proposed in the 21st National Assembly, with five different bills introduced. However, each proposed amendment focuses on different aspects, and the issue is currently in a state of 'ongoing review' due to factors such as opposition from the medical profession and political considerations. However, from the perspective that the introduction of non-face-to-face treatment should be institutionalized and legislated prioritizing patient safety, certain directions are proposed. These include focusing on returning patients as the primary target, chronic diseases as the focal conditions, outpatient medical institutions as the implementing agencies, restricting non-face-to-face means primarily to video systems, and legally exempting healthcare professionals from responsibility for incidents beyond their control. The proposed directions also emphasize establishing the right to demand face-to-face treatment. It is suggested to legislate initial standards that ensure a minimum level of safety and gradually expand the scope of non-face-to-face treatment through future research, evaluation, and similar step-by-step approaches.

• Journal of Korean Dental Hygiene Science
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• v.1 no.1
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• pp.23-36
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• 2018

This research has been conducted from June 1, 2017 to August 25, 2017 for the dental hygienists working in Busan and Gyeongnam area, to provide necessary basic data for the purpose of revision of the relating laws from the analysis of their understanding and perspective on such laws through 262 subjects' questionnaire. Its analysis of their perspectives are as follows. 1. The common characteristics of the subjects are that 40.1% of them are under 25, and their working period was under three years with the 38.9%, and as for their marital status, 70.2% were single, the final education of 80.2% were associated degrees. Their working areas are centered in Gyeongsangnam-do province with 91.2%, the workplace type is for the dental clinic with 80.2%. 2. The comparison of the view point of the medical(technician) law according to the characteristics of the research subjects differed only whether or not the completion of the education, and as a result of the comparison according to the characteristics of those subjects understanding the details of the medical(technician) law, there was a significant difference saying "the current law has clear job description" depending on the working area or "the job duty is definite" depending on the job experience and job details. As for those saying "the job duty is definite", there was also significant difference depending upon marital status, final education and work details. There was no significant difference in all characteristics from findings of the necessity of legal system according to the subjects not understanding the medical(technician) law. 3. As a result of comparing the necessity of the medical(technician) law according to the characteristics of the research subjects, it was found that all the subjects accepted the necessity of the medical law revision including the dental hygienist in the medical person. The "necessity of the professional dental hygienist system" showed a significant difference depending upon the final education and medical institution type. Among the triggering factors in its amendment, there showed significant difference in the "cooperation of other organizations" and "solution of medical law problems" only in the final education. 4. As a result of comparison of the needs of the medical(technician) law revision according to the characteristics of the research subjects, it was found that the significant traits related to the age and job details showed "Legal responsibility would be increased" when the medical law is revised, in case that "it will help broaden the job extension", there showed a significant difference in career, final education, and working institution, and job details. "Legal protection is possible" showed significant difference except the age group and working area, and "it help the system settlement" showed in the final education. There was a significant difference in career, final education, and job details that "I can regulate the education and field practice", and the same in "my status will be improved" depending upon the final education, work area, and job details. Accordingly, in this research, for the establishment of more professional and comprehensive dental health service as suggested from the demand and necessity toward the medical(technician) Law by the dental hygienists.

• Korea and Global Affairs
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• v.2 no.2
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• pp.5-40
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• 2018

The history of decentralization and autonomy is the result of the struggle for democracy against the authoritarian central government. Before the imminent law amendment, there are many tasks for decentralization and citizen autonomy. Therefore, decentralization and autonomy are not given on their own but they must be taken from authoritarian and centralist power group which possesses exclusive interests. The decentralization and autonomy now enters into the stage of development. In 1960, the April 19 Revolution opened the era of democratic local autonomy and it was abolished by the military coup of May 16, Now, the era of the reform of the decentralization are coming. Decentralization and autonomy will evolve from the stage of quantitative expansion to the stage of qualitative leap. This paper proposes that the revision of decentralization be the strategic maximum, and that the independence of the local government personnel rights be the tactical minimum. This paper insists that the independence of personnel right in the local government can be a link with law amendment for decentralization. Local autonomy and decentralization are the main subjects of the amendment. Above all, clarifying this is the subject and method of this study, and the scope of the study.