• Title/Summary/Keyword: legal basis

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Institutional Analysis on Organizational Changes of Korean Medicine Hospitals (보건의료 제도환경에 따른 한방병원의 변화 - 제도주의적 관점의 적용 -)

  • Park, Minjung;Lim, Buoungmook;Cha, Wungseok;You, Myoungsoon
    • The Journal of Korean Medicine
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    • v.35 no.1
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    • pp.145-156
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    • 2014
  • Objectives: Korean medicine hospitals, since they first emerged in the early 1970s, have rapidly become a new member of the hospital population. As it was a new organizational frame for traditional medicine, we tried to analyze the changes of Korean medicine hospitals coping with institutional environment and their relative positioning in the whole health care sector. Methods: On the basis of Scott and his colleagues' identification of the three components of institutional environments, changes in organizational logics, actors, and governance of Korean medicine hospitals during the period from 1971 to 2010 were analyzed. Results: First, Similar to previous literature on institutional eras of Korean health sector, three distinct periods were characterized: the foundation of Korean medicine hospitals to consolidate the legal status(1971~1986), a rapid increase of entrepreneurial hospitals through cultural-cognitive legitimacy(1987~2001), and the reinforcement of specialization and competition(2002~present). Conclusions: Results suggested that: (1) changes in institutional environments hada heavy impact on structural and behavioral changes among Korean medicine hospitals, but the pace was slower than that of western medicine hospitals. (2) In structure, Korean medicine hospitals have positioned themselves as unofficial long-term care hospitals, focusing on chronic diseases(e.g. cerebrovascular disease). Our study demonstrated that organizational theories can provide useful framework for the analysis of Korean medicine and related policies. Indeed, one of the most important implications of this study is that understanding changes in institutional environments is important to understand the process of how members of the health care sector live, grow, change, decline and survive.

Research on Personal Information Safety Condition and Improvements in Welfare Center for the Disabled (장애인복지관 개인정보보호 실태와 개선 방안)

  • Kim, Sung-Jin;Kweon, Jae-Sook
    • The Journal of the Korea Contents Association
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    • v.10 no.11
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    • pp.262-274
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    • 2010
  • In Welfare Center for the disabled, under the Government's information acceleration plan, the computer system has been developed starting from work standardization in 2001 but it has been emphasized only on the technical and customer convenience side leaving out preparation for the side effects of them. Therefore this article will seek the necessity of personal information protection, legal basis in the Welfare Center for the disabled. Additionally after analyzing current status for the personal security of Welfare Center for the disabled, establishing an alternative plan for personal security policy's way could be addressed. Increasing education for awareness stress of personal information security, and preparing institutional protection apparatus from applying life cycle of personal information would be an alternative plan for personal information protection for Welfare Center for the disabled. Also frequent monitoring of accessing personal information from the computerized system should be achieved. It is impossible to recover damage caused by leak of personal information although post actions are progressed. From this essay, awareness of personal information protection should be newly revised for both the Social Welfare Organization and the Disabled welfare center, and also technical, institutional strategy's action should be arranged.

A Study on the Improvement of Vehicle Recognition Rate of Vision System (Vision 시스템의 차량 인식률 향상에 관한 연구)

  • Oh, Ju-Taek;Lee, Sang-Yong;Lee, Sang-Min;Kim, Young-Sam
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.10 no.3
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    • pp.16-24
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    • 2011
  • The vehicle electronic control system is being developed as the legal and social demand for ensuring driver's safety is rising. The various Driver Assistance Systems with various sensors such as radars, camera, and lasers are in practical use because of the falling price of hardware and the high performance of sensor and processer. In the preceding study of this research, the program was developed to recognize the experiment vehicle's driving lane and the cars nearby or approaching the experiment vehicle throughout the images taken by CCD camera. In addition, the 'dangerous driving analysis program' which is Vision System basis was developed to analyze the cause and consequence of dangerous driving. However, the Vision system developed in the previous studyhad poor recognition rate of lane and vehicles at the time of passing a tunnel, sunrise, or sunset. Therefore, through mounting the brightness response algorithm to the Vision System, the present study is aimed to analyze the causes of driver's dangerous driving clearly by improving the recognition rate of lane and vehicle, regardless of when and where it is.

A Study on the Structural Problems and Global Development Model and Policy of the Distant-water Fisheries, Korea (원양어업의 경영구조적 문제와 글로벌 발전모델 및 정책에 관한 연구)

  • Lee, Sang-Go
    • Journal of Fisheries and Marine Sciences Education
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    • v.18 no.2
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    • pp.85-97
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    • 2006
  • With extension of national jurisdiction over coastal living resources, new dimensions and objectives should be added to international cooperation in distant-water fisheries concepts. For distant-water fishing nations, Korea, joint exploitation of these resources is today considered not only as a way of producing additional income opportunities, but first of all as at least a partial solution to neutralization of harvesting limitations imposed on them in traditionally exploited fishing grounds.This paper explores the development of Korean distant-water fisheries agreements and reviews the various types of agreements currently in place and discusses the future of Korean distant-water fisheries agreements with third countries. The relationship between coastal States and fishing fleets from non-adjacent countries has been transformed since the 1980s. This was primarily a result of the declaration of Exclusive Economic Zones(EEZs) by many coastal states in the years leading up to the close of the negotiations of the UNCLOS in 1982. Significantly, by recognizing the right of coastal states to determine how their waters were to be exploited, UNCLOS provided a legal basis and economic motivation for the negotiation of access agreements between coastal states and distant-water fishing nations, KoreaThere is a real danger that Korean distant-water fisheries agreements could and do result in the adverse environmental impacts experienced in Korean coastal waters being transferred to third country water and consequently creating socio-economic problems for these third countries. Korean distant-water fisheries agreements with third countries have the potential to be a force for good if they are well managed and if the principals that will be applied within Korean coastal waters, through the reform of the distant-water fisheries policy, are applied equally upon third country waters.

A Legal Study on the Fisheries Management System in Japan (일본(日本)의 어업관리제도(漁業管理制度)에 관한 법적 고찰)

  • Cha, Cheol-Pyo
    • Journal of Fisheries and Marine Sciences Education
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    • v.9 no.2
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    • pp.121-148
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    • 1997
  • The Japanese fishery management system has been established on the basis of various experience accumulated over many years. The fishery management system in Japan, one of the oldest fishery management systems in the world, is aimed at ensuring comprehensive utilization of the water surface and developing fishery productivity, by giving protection of the breeding environment of aquatic animals and plants, enabling the appropriate use of fishery grounds, preventing and solving disputes over fishery grounds and making other fishery adjustments. Japanese Fishery Law has been changed largely into (1) The Feudal Era(to 1900), (2) The Oldest Fishey Law(1901~48), (3) Current Fishery Law(1949 to present). Japanese fishery legislation is designed as a single package combining coastal, offshore and distant-water fisheries. During the period of the old fishery law, numerous conflicts arose over the joint use of fishing grounds and fish stocks. Such conflicts occurred among users of the same gear as well as between users of different gears or of different sizes of fishing craft. Large scale conflict sometime occurred between neighbouring fishing communities due to a lack of fairness in principle and coordination in practice. Therefore, the new fishery law enacted in 1949. This law was designed primarily to realize the most effective and rational use of fishing grounds and fishery resources, the basic philosophy being that, through democratic organization by fishermen themselves, productivity would be stimulated and incomes and living standards eventually improved. Nowadays, Community Based Fisheries Management through democratic organization by fishermen themselves have to enforce at coastal fisheries. This Community Based Fisheries Management manage to fishery resources by fishermen themselves and harvest in collaboration with that resources. Therefore, this paper is intended to briefly to describe the entire system and the historical development of Japanese fishery legislation in order to assist in reform of our country fisheries management regime.

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Fire Safety Education Programs for Preventing Fire Accident of Young Children (유아 화재사고 예방을 위한 화재안전 교육프로그램 개발 방향 탐색)

  • Yoon, Sun-Hwa
    • Fire Science and Engineering
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    • v.26 no.2
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    • pp.112-122
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    • 2012
  • The purpose of this study is to explore appropriate fire safety education programs for young children by both examining the actual damage condition and problems associated with fire accident in young children and considering fire safety education programs in America and legal basis for fire safety education in Korea. The results are as follows. First, the mortality of young children by fire accident in Korea is higher than that of U.K, Germany, and Sweden. Second, it is defined by the Child Welfare Law in Korea to implement the mandatory fire safety education for young children in kindergarten and preschool programs. Third, in order to activate fire safety education programs for young children, the fire safety education needs to be suitable for children's developmental characteristics, and various audiovisual materials and activity programs should be developed and provided. Fourth, fire safety education both for early childhood teachers and parents needs to be interrelated and systemized to reduce the risk of fire accident.

A Study on Investment Agreement and Dispute Resolution System of FTA (FTA 투자협정과 분쟁해결제도에 관한 연구)

  • Choe, Tae-Parn
    • Journal of Arbitration Studies
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    • v.17 no.2
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    • pp.141-165
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    • 2007
  • This study aims to make a contribution to the promotion of trade and economic development of South Korea, and, at the same time, call attention to the increasing trend of investment agreements concluded within Free Trade Agreements (FTA) by examining theoretically FTAs and dispute resolution and investigating systematically the conclusion procedure of agreements, and the system, institutions, and jurisdiction of dispute resolution, and presenting these findings to the government and investors involved. The most problematic aspect in the legal process of arbitration involving disputes over investment is that of arguments concerning the right of jurisdiction. When a dispute arises, even though an investor files for arbitration at an ICSID institution, the parties become involved in another energy-consuming argument even before proceeding to the hearing and decision of the original plan in cases in which the respondent of the dispute files an objection to the decision rights of the arbitral tribunal. As the main basis for this type of plea, the point of non-existence of jurisdiction is first raised where the applicable dispute does not fall under the range of investments defined in individual investment contracts or investment agreements such as a Bilateral Investment Treaty (BIT). To avoid an open-ended definition of investment for the range of investments, articles concerning investments in the FTA and NAFTA between Canada and the USA adopt the limited closed-list method. Article 96 of the FTA between Japan and Mexico applied the same abovementioned method of limited form of definition regarding range of investments and concluded BITs between member countries of APEC applied a similar method as well. Instead of employing the previously used inclusive definition, the BITs concluded between countries of Latin America and the USA are equipped with limited characteristics of an investment. Furthermore, to correspond with this necessary condition the three following requirements are needed : 1) fixed investment funding; 2) expected profits resulting from such investments; 3) and the existence of fixed risk bearing.

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A Study on The Legal Effect of Arbitration Agreement (중재계약의 법적 효력에 관한 연구)

  • Park, Jong-Sam
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.25-42
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    • 2009
  • That occur in international trade disputes between the parties without resorting to a court trial on the basis of principle of government by the parties to resolve the dispute resolution in general (Alternative Disputes Resolution: ADR) agreed to, reconciliation, coordination, mediation and other methods are. Here, unlike arbitration and other dispute resolution arbitrator, the court confirmed the arbitration award came from the judge and the same shall become effective in doing international commerce dispute resolution methods are widely used. Arbitration Agreement is a contractual dispute, regardless of whether a certain law there arise about the relationship between the parties, Currently exists, future conflicts can arise in whole or in part by the arbitration agreement is to be resolved. Arbitration agreement include: the effects of out of contract arbitration proceedings, the court does not want the progress of the dispute referred to arbitration proceedings to the effect, and the presence of the parties to the arbitration agreement does not claim to knowing the defense plea that Appeals ticket of destruction that have the effect of demurrer, that the arbitration agreement are rebuttal to the rebuttal of prozesshindernde Einrede and the mediation of a plea on the merits when the first defense must be submitted to the arbitration proceedings in which the applicant until the arbitration award determined that the property dispute to court for water conservation measures to dispose of the watch was in effect for arbitration in the contract. In addition, the arbitration agreement and the court sentenced the same kinds of effects that resolved the final effect, especially at the same time the effect of foreign recognition and enforcement of the decision regarding the New York Convention arbitration award based on the recognition and enforcement of domestic and international effects are being recognized. Consequently, the arbitration agreement to take effect a valid arbitration agreement exists is determined by whether or not staying. Therefore, agreements between individual university entrance exams based on the company signed a contract regarding the effect of arbitration first, associated with individual university entrance exams, and the leading research and analysis, review, and examine the general concept of the arbitration agreement after the arbitration agreement between the parties focuses on information about the effects of study to contribute to the activation of the arbitration system is aimed at the individual university entrance exams.

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Unnatural Dead Body Treatment by Police -Centering on Japanese Police System- (경찰의 변사자 처리에 관한 연구 -일본경찰제도를 중심으로-)

  • Lee, Sang-Won;Lee, Seung-Chal
    • The Journal of the Korea Contents Association
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    • v.11 no.8
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    • pp.239-246
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    • 2011
  • Korea has a problem in treating unnatural dead bodies; law enforcement police officers have a difficulty in analyzing an accurate cause of a death, for they are not specialized in autopsy. But they must take charge of the affair at a spot for the first time. Sometimes this may give an indulgence to a killer. It results in generating an unjust victim. So, a police activity in response to an unnatural dead body must be improved surely. As a response to it, this thesis scrutinizes the unnatural dead body treatment under the Japanese police system, taking a continental law, which has a legal structure similar to our's, and on the basis of it presents a suggestion in response to an unnatural dead body by Korean police. First, the system on treating the unnatural dead body has to be severe. Second, police engaging in treating the unnatural dead body have to take the education on treating dead bodies more deeply. Third, implements on treating dead bodies have to be secured.

Exploratory Study on Countering Internet Hate Speech : Focusing on Case Study of Exposure to Internet Hate Speech and Experts' in-depth Interview (인터넷 혐오표현 대응방안에 관한 탐색적 연구 : 노출경험 사례 및 전문가 심층인터뷰 분석을 중심으로)

  • Kim, Kyung-Hee;Cho, Youn-Ha;Bae, Jin-Ah
    • The Journal of the Korea Contents Association
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    • v.20 no.2
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    • pp.499-510
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    • 2020
  • This study aims to analyze the causes of Internet hate speech, which has recently been emerging as a serious social problem and to seek for countermeasures. The experiences of hate speech are examined through the analysis of college students' essays and the causes and solutions of hate speech are suggested through the in-depth interviews with the experts. College students experience hate speech on the Internet on the basis of attributes such as age, gender, sexual orientation, and regionalism. Online comments on news, social media and online games are the main sources in spreading hate speech. On a personal level the lack of awareness of human dignity and the absence of media education are diagnosed as the reasons for online hate speech. The social reasons for online hate speech lie in the lack of human rights education and the problems of the media. In order to improve the problems of Internet hate speech, various suggestions are proposed on the legal, social and educational levels.