• Title/Summary/Keyword: legal basis

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A Study on the Problems in the Use of CCTV by the Police and Some Proposals (경찰CCTV 운용상의 문제점과 개선방안)

  • Lee, Sang-Won;Lee, Seung-Chal
    • Korean Security Journal
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    • no.10
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    • pp.215-242
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    • 2005
  • As CCTV can be an effective tool to prevent or suppress crime at low cost, they have been widesoread in developed countries. In spite of their effectiveness, they infringe some constitutional rights such as the right to privacy, the right of likeness and the right to control over personal information. The police and ward offices install CCTV in public areas to prevent crimes without a legal basis or standard. When information obtained in such a way is used as investigation data for the police or as an evidence in a court, it can cause serious trouble. To solve this problem, legal restriction on the installation of CCTV as should be clearer. Since current laws on public agencies' protection of personal information are too general, they are not effective enough to protect personal information. Therefore, Personal Information Protection Organic Act should be enacted to make a legal basis for protecting comprehensive personal information. It should be obvious who installs CCTVs, who pay for the cost and how they are managed. Before installation, the police and ward offices should obtain residents' consent through a public hearing or voting (on the range and purpose of installation), or conduct an impact assessment. During installation, CCTVs should be limited to prevent or suppress crimes, keep public order and void dangers. In case of making a sign of installation, it must specify its rights. After installation(operation/management phase), they should abide by principles of information protection and try not to infringe constitutional right. In the cognitive aspect, the police should constitutional rights must be secured although it is important to carry out their missions. The police should serve citizens and change to the police of communities. Citizens should understand that constitutional right can be infringed if public order is not maintained. When citizens cooperate with the police, they fear of crimes will decrease.

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The Legal Effect of Criteria for the Medical Care Benefits and The Illegality Determination on Violation of Criteria for the Medical Care Benefits on Outpatient Prescription - A Commentary on Supreme Court Judgment 2009 Da 78214 Delivered on March 23, 2013 - (요양급여기준의 법적 성격과 요양급여기준을 벗어난 원외처방행위의 위법성 -대법원 2013. 3. 28. 선고 2009다78214 판결을 중심으로-)

  • Hyun, Dooyoun
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.123-164
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    • 2014
  • Under the new system of 'Separation of pharmaceutical prescription and dispensing' in Korea, which was implemented in 2000, physician could not dispense a medicine, and outpatient should have a physician's prescription filled at a drugstore. After pharmacist makes up outpatient's prescription, National Health Insurance Service(NHIS) pay for outpatient's medicine to pharmacist, except an outpatient's own medicine charge. And NHIS only pay for outpatient's prescription fee to physician and, physician doesn't derive profit from dispensing medicine in itself. Nevertheless, if physician writes out a prescription with violation of 'Criteria for the Medical Care Benefits', NHIS clawed back the payment of outpatient's prescription and medicine from the physician or the medical institution which the physician belongs to. In the past, NHIS's confiscation was in accordance with 'the National Health Care Insurance Act, Article 52, Clause 1'. But, since 2006 when the Supreme Court declared that there was no legal basis on the NHIS's confiscation of outpatient's medicine payment, NHIS had put in a claim for illegal prescriptions on the basis 'the Korean Civil law, Article 750(tort)'. So, Many medical institutions filed civil actions against NHIS. The key point of this actions was whether the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits constitute of the law of tort. On this point, the first trial and the second trial took different position. Finally the Supreme Court acknowledged the constitution of the law of tort in 2013. In this paper, the author will review critically the decision of the Supreme Court, and consider the relativeness between the legal effect of Criteria for the Medical Care Benefits and the constitution of the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits as the law of tort.

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A Legal Alternative for Effective Application of Pressurized Smoke Control System to Provide ′Smoke-free′ Access for Escape Shafts Used in High-Rise Building (국내 고층건물의 피난성능확보를 위한 급기가압방연(제연) 시스템의 제도개선연구)

  • 박형주;김상욱
    • Fire Science and Engineering
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    • v.15 no.4
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    • pp.49-56
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    • 2001
  • There have been the current controversy over effectiveness of the pressurized smoke control systems, which are installed within escape shaft to provide 'smoke-free' access for escaping peoples. Therefore, many effective measures were given in this paper by means of the production of a design guide for various types of escape routes used in domestic buildings. The solutions were established on basis of both an investigating current door closing device application in existing facilities and global standardization for pressurized smoke control system, especially in British Standard. Finally, the design guidance for open door air velocity with introduction to three door protection clauses was presented on the basis of consideration of the safety and economical factor,

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Analysis of Accidents Causes in an Auto-Glass Manufacturing Company using the Comprehensive Human Error Analysis Model (통합적 휴먼에러 분석 모델을 이용한 자동차 유리공장의 사고 원인 분석)

  • Lim, Hyeon-Kyo;Lee, Seung-Hoon
    • Journal of the Korean Society of Safety
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    • v.27 no.4
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    • pp.90-95
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    • 2012
  • To prevent similar accidents with the basis of industrial accidents already occurred in industrial plants, it would be possible only after true causes are grasped. Unfortunately, however, most accident investigation carried out with the basis of legal regulation failed to grasp them so that similar accidents have been repeated without cease. This research aimed to find out differences between results from conventional accident investigation and those from human error analysis, and to draw out effective and practical counter-plans against industrial accidents occurred repeatedly in an autoglass manufacturing company. As for analysis, about 110 accident cases that occurred for last 7 years were collected, and by adopting the Comprehensive Human Error Analysis Technique developed by the previous researchers, not direct causes but basic fundamental causes that might induce workers to human errors were sought. In consequence, the result showed that facility factors or environmental factors such as improper layout, mistakes in engineering design, and malfunction of interlock system were authentic major accident causes as opposed to managerial factors such as personal carelessness or failure to wearing personal protective equipments, and/or improper work methods.

A Study on Improvement of Legal System for Harmful Chemical Substance Response Management System (유해화학물질 대응시스템 적용을 위한 제도 개선 연구)

  • Oak, Young-Suk;Lee, Young-Sub
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.4
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    • pp.216-223
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    • 2017
  • Chemicals are an indispensable element of modern society to the extent that more than 15 million species are commercially available worldwide. However, among them are chemicals whose toxicityposes a threat to public health and the environment, as illustrated by past cases of chemical accidents, which revealed their danger to human life. Chemical accidents can spread and cause huge damage in a short time because of their characteristics. Therefore, it is important to do as much as possible to prevent them in advance and to respond promptly after an accident. The legal system pertaining to domestic chemical substances is the "Toxic Chemical Control Act", which is made up of the "Act on the Registration and Evaluation of Chemicals" and the "Chemical Control Act" since 2015. Under this law, the Comprehensive Chemical Information System and Chemical Substance Data Processing system were established and are still operating;however, chemical accidents are still occurring. These systems are comprehensive information systems aimed at providing chemical information rather than acting as chemical response systems, which has limited the effectiveness of accident response. This study is intended to analyze the information management systems, response management systems and the basis of chemical substance management support for hazardous chemicals and suggest ways to improve the legal system for developing and operating chemical response systemswithin a municipality.

A Study on the Active Economic Activities by the Job Program to Overcome the Poverty of the Elderly in the Aged Society (고령사회 노인빈곤 극복의 일자리사업을 통한 적극적 경제활동 방안 고찰)

  • Kim, Young-Chul;Kim, Seo-Ho
    • Industry Promotion Research
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    • v.6 no.1
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    • pp.55-62
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    • 2021
  • This study regards the need for jobs to overcome the poverty of the elderly in an aged society, and as well as researches ways to participate in active economic activities in old age. The results of the study are as follows. First, the legal system needs to be improved. In addition to institutional support for the expansion of jobs for the elderly, improvement of awareness of the elderly and reinforcement of infrastructure such as a delivery system are required, and a legal basis for this is needed. To this end, occupations targeting the elderly must be selected first, and legal procedures must be prepared by the government. Second, there must be social consideration and support for the elderly. Extension of the retirement age plays an important role in enhancing employment for the elderly. Along with the improvement of the legal system, social consideration is required. Therefore, since the elderly policy without social consensus is bound to fail, various support methods that can lead to social support must be devised. Third, the elderly must have a sense of poverty and willingness to rehabilitate themselves. Elderly people should not only ask for their children and social support. The elderly must be able to find a way to become the economic agent themselves. To do this, a basic awareness of the elderly poverty consciousness is needed, and a change of awareness to escape the poverty of the elderly is necessary. Therefore, the elderly need to be self-reliant, and they must choose jobs according to their own abilities. In conclusion, the elderly job program is a part of income increase that solves the poverty of the elderly in the aged society, and the elderly are required to actively participate in economic activities.

A Study on the Freedom of the Press and the Remedy for Defamation (언론의 자유와 명예훼손 구제방법에 관한 연구)

  • Jeon, Chan-Hui;Ji, Yong-Soo
    • The Journal of the Korea Contents Association
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    • v.12 no.10
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    • pp.159-168
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    • 2012
  • Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

Assessment of Oncogenicity from Pesticide Residues in Korean Foods (한국식품 중 잔류농약의 종양유발성 평가)

  • Lee, Mi-Gyung;Lee, Su-Rae
    • Korean Journal of Food Science and Technology
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    • v.27 no.6
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    • pp.871-877
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    • 1995
  • Dietary intake and oncogenic risk of 12 pesticides used in Korea whose oncogenic potency was known were assessed from published data. Dietary oncogenic risk (excess tumor incidence for a 70-year human life span) for Korean population was estimated to be $2.17{\times}10^{-3}$ on the basis of legal maximum residue limit, $4.33{\times}10^5$ on the basis of maximum practical residue level and $5.10{\times}10^{-6}$ on the basis of mean practical residue level of examined pesticides, all of which exceeded the negligible risk standard $1{\times}10^{-6}$ of US EPA. A systematic follow-up study on those oncogenic pesticides should be undertaken in order to mitigate the people's worry about the cancer risk by the abuse of pesticides in food production.

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Lease management in the wireless industry through analysis of factors influencing cell site leases (이동통신회사의 임차료에 영향을 미치는 요인 분석을 통한 임차비용 관리방안 연구)

  • Lee, Jangho;Kwak, Choonjong
    • Journal of the Korea Safety Management & Science
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    • v.15 no.3
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    • pp.143-150
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    • 2013
  • A cell site lease is a legal agreement by which the owner of a building or a piece of land allows a wireless carrier to use part of it for a cell tower for a period of time in return for money. Wireless carriers spend significant money for cell site leases. This paper tries to find factors affecting cell site leases and management solutions to save lease costs. In other words, this research identifies any factor influencing cell site leases among age, gender, and geographical area in the first problem and determines management priorities using an importance-satisfaction model in the second problem. This paper can provide wireless carriers with effective decision making tools and a basis for negotiation of cell site leases, as they do not have enough bases for negotiation.

An Exploratory Study on the Usage of Internet Technologies and Tools in Educational Working Environment of Developing Countries: A Case of Pokhara University in Nepal

  • Shrestha, Deepanjal;Jeong, Seung Ryul
    • Journal of Internet Computing and Services
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    • v.16 no.4
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    • pp.101-110
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    • 2015
  • $21^{st}$ century has seen a tremendous advancement in the field of Information and Communication Technology. The commercial utilization of Internet tools and technologies has brought change in the traditional working environment. The functioning in an electronic environment is far more complicated than working in traditional environment and this brings many challenges, threats and potential problems. In this paper we analyze the challenges, threats and potential problems in the working environment of Pokhara University due to application of Internet tools and technology. We have chosen four basic areas on the basis of use that include web resources, electronic mails, social sites and P2P technologies. The main focus is to analyze the impact on work place productivity, social interaction, use and abuse of technology and legal issues associated with them. We, finally summarize the findings and offer solutions and recommendations from the observed data based on direct survey conducted in Pokhara University, Nepal.