• Title/Summary/Keyword: legal basis

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Liberalization of Telemedicine in Germany (독일 원격의료 합법화와 법개정 논의)

  • Kim, SooJeong
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.3-33
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    • 2020
  • Until recently the German and the South Korean medical associations reacted cautiously to the introduction of telemedicine between doctor and patient which is exclusively on the platform conducted. But the General Assembly of German Physicians voted to lift the ban on remote treatment with the amendment to Section 7 (4) MBO-Ä(Medical Association's Professional Code of Conduct) in 2018 and the situation has been fundamentally changed in Germany. From then until now 16 of 17 rural medical associations have changed their professional code to allow telemedicine. In addition the legislature started to prepare the basis for the introduction of the electronic health card (eGK) and the telematics infrastructure. So far, various laws such as Medicinal Products Act, Drug Advertisement Act and Social Code have been changed to support legalization of telemedicine and digitalization of health care. Unlike in Germany, the social circumstances such as excessive centralization of the big hospitals in Seoul and the resulting concern of small medical practices for profitability are the main obstacles to the introduction of telemedicine. However the German approach how to legalise the telemedicine and to prepare for legal and technical infrastructure is also interesting in South Korea. The discussions for and against the changes in the law and the telematics infrastructure attempted by the German government for several years indicate that not only lifting the ban on remote treatment, but also harmonization of all the related legal system could guarantee successful implementation of telemedicine.

A Study on the Management of Exposure of Workers and Assistants Related to Diagnostic Radiation (진단용 방사선 관련 업무 종사자의 피폭관리에 관한 연구)

  • Lim, Chang-Seon
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.97-124
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    • 2021
  • In medical institutions, there are radiation-related workers such as radiological technologists, physicians, dentists, and dental hygienists who handle diagnostic radiation generators. Also, there are work assistants, such as nurses and assistant nurses, who assist in radiation treatment or transfer patients to the radiation examination room. Radiation exposure management for radiation-related workers is carried out under the 「Medical Service Act」, but there is no legal basis for work assistants, etc. And the management of radiation exposure for diagnosis is regulated by the 「Medical Service Act」, and the management of radiation exposure by therapeutic radiation and nuclear medical examination is governed by the 「Nuclear Safety Act」. Thus, to improve the management of radiation exposure for diagnosis, the regulations on radiation exposure management for diagnosis under the 「Medical Service Act」 were compared and reviewed with those of the 「Nuclear Safety Act」. As a result, the main contents are as follows. First, it is necessary to legislate to include nurses, assistant nurses, and clinical practice students who are likely to be exposed to radiation besides radiationrelated workers as subjects of radiation exposure management for diagnosis. Second, when a radiation-related worker for diagnosis is confirmed to be pregnant, the exposure dose limit should be defined. Third, it is necessary to revise the regulations on the types of personal exposure dosimeters in the 「Rules on the Safety Management of Radiation Generators for Diagnostics」. Fourth, it seems that health examination items for radiation-related workers, radiation workers, and frequent visitors should be the same. Fifth, It is necessary to unify and regulate diagnostic radiation and all medical radiation, including therapeutic radiation and nuclear medicine, in one legal system.

Study on Significance and limitations of the Enactment of the Advanced Regenerative Bio Act (첨단재생바이오법의 제정 의의와 제한점)

  • Sohn, Seong Goo;Kwon, Kyeng Hee
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.159-184
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    • 2021
  • The significance of the enactment of the 「Act On The Safety Of And Support For Advanced Regenerative Medicine And Advanced Biological Products」 is to break away from the regulation of the Pharmaceutical Affairs Act and expand patient treatment opportunities through a medical technology approach to regenerative medicine, which is essentially a medical practice called 'transplantation'. However, more than a year after the law was enacted, clinical study has not been activated, with not a single high-risk study approved by the Ministry of Food and Drug Safety being approved. The reason is that despite the legal purpose of expanding patient treatment opportunities, the data requirements for clinical study approval are set in connection with drug development despite the insufficient legal basis, making it difficult for many researchers to meet the data requirements. Prior to the enactment of the Act, submitted data for clinical study on cell therapy products within the Pharmaceutical Affairs Act were cosiderably exempted from quality and non-clinical test data, but with the enforcement of the Advanced Regenerative Bio Act, quality and non-clinical test data are required in accordance with pharmaceuticals when applying for approval of a clinical study plan. To rectify this, when considering the identity of clinical study on advanced regenerative medicine to expand treatment opportunities, recognize that there are limitations in connection with drug development. And it is necessary to preserve the identity of clinical study on advanced regenerative medicine, and on the other hand, in the case of drug product approval, clinical study results should be utilized while specifying usage requirements. Therefore, with the power of the market and the voluntary motive of the clinical researcher, it is necessary to prepare the necessary data by themselves rather than the basic requirements for clinical study approval.

Strengthening the Legal Basis for Security Rule to Protect Technology and Trade Secrets for Small Businesses (중소기업의 기술 및 영업비밀 보호에 대한 보안규정의 법적 근거 강화방안)

  • Ahn, Sang Soo;Lee, Jung hun;Son, Seung Woo
    • Korean small business review
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    • v.42 no.1
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    • pp.57-77
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    • 2020
  • In Korea, various schemes have been implemented to prevent the outflow of technology, but they do not bring practical effects. In general, we focus on follow-up measures such as strong punishment in case of violation of the law. In terms of proactive prevention, it is not shown to have any real preventive effect, even though it includes such matters as imposing security measures on companies or conducting a survey. this paper examines the need to strengthen the protection of business secrets by reviewing the employment rules between companies and workers presented in the Labor Relations Act and the Labor Standards Act as a realistic alternative. In most companies, even though the employment rule is the highest standard of private regulations, the employment rule has no matters on the prevention and protection of technology leakage. The employment rules require all employees working for companies to agree and notify in the Labor Standards Act, so it is necessary to reflect them as standards in the standard employment rules because it shows that all employees of the company can have a common sense of security and present legal compliance with security-related documents, such as security pledges and security-related guidelines and procedures.

A Study on Public Order Right Based on Analysis of the Administrative Disposition Results Against the Personal Information Protection Act Violation (개인정보 보호법 위반에 따른 행정처분 결과 분석을 통한 공표명령권 도입 연구 395)

  • Jeon, Ju Hyun;Rhee, Kyung Hyune
    • KIPS Transactions on Computer and Communication Systems
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    • v.11 no.11
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    • pp.395-402
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    • 2022
  • In case of violation of the Personal Information Protection Act, administrative dispositions will be taken according to the legal standards, and the results will be announced. However, the current method has limitations in its effectiveness as repeated administrative dispositions are increasing despite the announcement by the disclosure system of the Personal Information Protection Act. In this paper, we deploy the introduction of the 'public announcement commandment' against violators by analyzing the administrative disposition results according to the violation of the Personal Information Protection Act. It is able to strengthen the existing disclosure system for self-disclose violations by providing easy recognition to the people about the fact of violation itself against the Personal Information Protection Act. Furthermore, we analyze major industries through the industry groups and violations of laws that were subject to publication, and data published on the results of administrative dispositions for violation of the Personal Information Protection Act. Finally, we propose the legal basis for the 'public announcement commandment' which allows the violator to publish by oneself for the announcement of the fact that the corrective action has been taken.

Comparative Study of Institutional Approaches to Children's Playgrounds for Ensuring the Right to Play (놀이권 보장 측면에서 본 국내외 어린이놀이터 관련 법제 비교 연구)

  • Song, Yun-Jeong;Lee, Sang-Min;Kang, Hyunmi;Kim, Suin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.51 no.6
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    • pp.33-45
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    • 2023
  • The importance of play from a Children's Rights perspective has been continuously emphasized, and the need for play facilities and spaces has been reiterated. Meanwhile, in South Korea, despite the continuous increase in the number of play facilities, efforts to improve children's play spaces are required. Therefore, this study reevaluated the current regulations and policies concerning play and play spaces from the perspective of securing the right to play. An analysis of the legal concept of domestic playgrounds, related laws, construction standards, and regulations was conducted. The systems and characteristics of the related regulations in the UK, Canada, and Germany were analyzed. Based on the results of the comparative analysis, our directions for improving the system of playgrounds to ensure the children's right to play were proposed. First, a legal definition of the concept and scope of playgrounds should be established. Second, beyond safety-focused facility regulations, there is a need for institutional enhancements to ensure the right to play. Third, comprehensive management of playgrounds is required as a spatial concept rather than as individual facilities. Fourth, qualitative management is needed through specific guidelines and guidelines related to the establishment of playgrounds. These results can serve as a basis for establishing systems and promoting policy projects to ensure children's right to play in various fields, including urban planning, child welfare, and education in the future.

An Empirical Study on the Driving Force for Diffusion of Surrender B/L as an International Trade Payment Document (무역결제서류로서 Surrender B/L의 확산 동인에 관한 실증연구)

  • Hye-Young Joo;Byoung-Boo You
    • Korea Trade Review
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    • v.48 no.2
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    • pp.153-174
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    • 2023
  • Electronic bill of lading, Letter of Guarantee, Surrender B/L, Seaway Bill, etc. have been proposed as alternative tools to overcome the crisis of bill of lading, but the most useful of these is by far the Surrender B/L. However, since the Surrender B/L has various problems due to the absence of a legal basis, studies so far have been conducted focusing on these legal limitations or problems in use of the Surrender B/L. This study tried to empirically identify the factors that affect the spread of Surrender B/L by expanding this point of research view. A hierarchical regression analysis was conducted by acquiring 190 valid samples centered on member companies of the Korea International Freight Forwarders Association. In addition, the R program was used to diagnose the research data and analyze the degree of spread by region. As a result of the empirical analysis, it was found that the utilization of Surrender B/L increased due to the convenience and cost reduction effect of Surrender B/L and the apprenticeship training of forwarding companies. In addition, as a result of regional analysis, the spread of Surrender B/L was notable not only in neighboring regions but also even in areas far from Korea.

A Study on the Collection and Application Measures for Media Platform Based Materials (매체 플랫폼 기반 자료의 수집 및 적용 방안 연구)

  • Younghee Noh;Youngmi Jung;Aekyoung Son;Inho Chang;Hyunju Cha
    • Journal of Korean Library and Information Science Society
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    • v.55 no.1
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    • pp.193-214
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    • 2024
  • This study aimed to propose a method for collecting and applying media platform based materials at the National Library of Korea. Firstly, we analyzed the current status and limitations of data collection based on domestic media platforms, including the National Library of Korea. Secondly, a literature review method was used to investigate the current status and types of digital content based on media platforms. Thirdly, we identified the types of materials based on media platforms that are not currently included in the National Central Library's online material collection guidelines through the examination of cases from major overseas libraries. Fourthly, after reviewing technical and legal elements such as the definition of collection targets and scope for each new media, and collection methods, we established collection criteria. Fifthly, based on the research results, the policies proposed in this study are as follows: 1) there is a need to establish a clear legal basis for the collection of media platform based materials; 2) the development and presentation of collection guidelines for media platform based materials is necessary; 3) the development of collection tools and infrastructure for media platform based materials is required; 4) for the collection of media platform based materials, it is necessary to obtain permission for collection from targeted social media organizations, and to cooperate in linkage with organizations that produce and service extended reality content; 5) for the service activation of media platform based materials, it is necessary to improve accessibility for the usage activation of these materials, to enhance the content extensibility and ease of use of the e-deposit system including extended reality content, and to advance and construct spaces for reproducing extended reality content.

A Study on plan for promoting innovation and utilization of information sharing (공공정보 활용의 기술적 방법과 정보서비스의 정책적 함의)

  • Kim, Youngmi
    • Journal of Digital Convergence
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    • v.12 no.4
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    • pp.43-49
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    • 2014
  • Paradigm shift in government services means the evolution to the service with active participation based on information technology. Opening public information proceeds to an extent that private sector participation can be a basis and driving force, and extends to a stage that free and practical use is possible for private sector. Therefore, the government is preparing for legal and institutional foundation for various fields. The government needs to build open network from user-oriented point of view rather than provider-centric point of view, improve communication, and change the way of working due to the fact that flexible and rapid business process is required. It is time to prepare development plans for public the functions of platform-type government that public sector can participate in the role of government, create new value, and give rise to innovation in order to change the functionality of the government and meet the new needs of citizen. This study tries to analyze platform-type government and to study efficient role allocation for sharing resources including informant and system between the government and the private sector, focusing on innovation of public information sharing.

A Study on the Minimum Standards of Housing Repair for Older People Living in the Community (지역사회 노인을 위한 주택수리 및 개조 최저기준에 관한 연구)

  • Hong, Hyung-Ock
    • Journal of Families and Better Life
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    • v.23 no.2 s.74
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    • pp.11-22
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    • 2005
  • The purpose of this study is 1) to clarify that the house is no long the safe place through the cases of the senior safety accidents and to argue the need for housing repair and 2) to present the minimum standards for housing repair by comparing the cases here as well as the abroad and to back up the standards with the current senior housing environment 300 people at least 60 years old living in Seoul$\cdot$Metropolitan area were interviewed using the structured questionnaire. As the result, the following conclusions were made: 1. There was high accident rates of the senior residents due to physical deficits within the house, causing excessive medical cost and decreased housing satisfaction. This problem can be sufficiently prevented by housing repair which can not only solve the safety problem but also support self sufficient living for the senior residents. 2. Proper housing repair required the architectural know how as well as the expertise knowledge of the physical characteristics of the senior people. Therefore, it is essential to secure the professional (i.e., occupational therapist) who can analyze the needs of the senior residents and evaluate and/or predict the obstacles during repair. Furthermore, development and distribution of the standardized manual are also needed. 3. The minimum standard for housing repair could be approached in view of 'barrier-free' concept. First, the bumps should be removed, slippery prevented, and safety grab-bar installed for safety. Second, the entrance should be widened and the bathroom and kitchen restructured to support for the senior residents' self sufficiency. To make housing repair policy more efficient, the legal basis is required. It can be incorporated into the existing senior citizens 'Welfare Act' or the 'Senior Residents Medical Insurance' which will be effective starting in 2007.