• Journal of Society of Preventive Korean Medicine
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• v.21 no.2
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• pp.45-53
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• 2017

Background and Aim : Lately the age of competition has come among the medical service area. At the same time disputes over the medical practice related to the medical person's territory tend to increase. In part it is due to the increased medical persons but in part it is because the medical practice is not defined clearly in the Medical Service Act for the practice of each medical person. So the legal definition of medical practice will be discussed here. Materials and Method : The cases from the court have been confirmed the difference between the two medical persons regarding the actual events. Legal aspects of medical practice in Korean medicine and the related cases will be reviewed and analysed. Results : The form of medical practice consists of administrating Korean medicine treatment and providing guidance for health based on Korean medicine. For medical doctors the practice includes medical treatment and guidance for health. Circular definition in the Medical Service Act over the medical practice, medical person and medical instruments makes it difficult to understand the whole idea. Therefore, the court has a tendency to decide the medical practice of medical doctor of Korean medicine from the some reliable points which is: 1) it is based on the principle of traditional Korean Medicine, 2) it is practiced by the medical doctor of Korean Medicine, 3) it can do harm to the patient without proper involvement of the medical doctor of Korean Medicine. Now the Act on the promotion of Korean Medicine and Pharmaceuticals makes it include the concept of "scientifically applied and developed" medical practice of Korean Medicine. Conclusions : With the essential change in the Act on the promotion of Korean Medicine and Pharmaceuticals, it is expected that even slight change can be seen in the court cases. However, still the concept of medical practice in the Medical Service Act remains the same. Modernisation of Korean Medicine, enhancement of textbooks and clinical practice training and the effort to amend the law to clearly define the medical practice of Korean Medicine will contribute to the clinical and academic environment. Evidence based Korean Medicine and even the unification of east-west medicine could be considered for the situation.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.4
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• pp.389-397
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• 2014

The purpose of this thesis is studying for a legal basis and definition of Oil Record Book. In the thesis, comparing with the laws related to punishment for false entry of Oil Record Book of the maritime countries and korea Act. Studying the improvement marine pollutants from ships by suggesting legal and institutional proposal which are able to make themselves increase effectiveness for recording and inspection of Oil Record Book. Suggest the solution of the problems raised in this thesis, First, The Oil Record Book should not be the evidence which is having the effectiveness simply after the accident of marine pollution, but take sanction on pre-inspection of Oil Record Book as establish the concrete administrative punishment for each contents-based record of Oil Record Book. Second, It should set up of judgement criteria of false entry of Oil Record Book by port state control officer. Third, It should strengthen the legal effectiveness of Oil Record Book contents such as Code(c) ; oil residue, Code(d); relating to bilge discharge by including premeditation for false entry of Oil Record Book. Also, The enhancement of role for marine pollution prevention manager raise the effectiveness of Oil Record Book as recognizing the importance of Oil Record Book.

• Journal of Arbitration Studies
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• v.16 no.3
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• pp.91-125
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• 2006

The arbitration rule of CIETAC was vastly revised and was put in force on May 1, 2005. By its revision, China has improved its arbitration system. Chinese arbitration law had many problems when it was enacted in 1995, but the problems could not be avoided because of the poor surroundings for arbitration in China. As China has not had much experience in operating its legal system effectively, and also has little in the way of studies on legal theory that would allow it to deal with its laws in a flexible manner, authorities usually wait to revise a law until enough relevant experience has been accumulated. Therefore, during the 10 years since its enactment, China has resolved the problems within its arbitration law through revision of arbitration rule rather than by revision of the law itself. As this law is a basic one in ruling the arbitration system in China, there are some limitations as to how far the system can be developed through revision of arbitration rule alone. In spite of the limitations, the revision in 2005 contributed a great deal to resolving the existing problems within Chinese arbitration law. The biggest problem in the arbitration law is the Chinese arbitration law that restricts party autonomy. With the revision of the arbitration rule, many problems concerning party autonomy were circumvented. This occurred because the arbitration rule now provides parties the opportunity to choose arbitration rule other than the CIETAC arbitration rule, and even allows parties to agree to amend articles in the CIETAC arbitration rule -- a very important revision indeed. In addition to party autonomy, there are other improvements for example, there is an enhancement of the independent character of the CIETAC, clearing of jurisdiction, easing in the formation of arbitration agreement, improvement in the way arbitrators are chosen, and enhancement in the cultural neutrality of the arbiter. Problems still remain that can only be solved by revision of the arbitration law itself. These problems relate to the governing law of the arbitration agreement, the collection of evidence, custody of property, selection of chief arbiter, interlocutory awards, etc. In addition, some non-legal problems must also be resolved, like the actual judicial review of arbitration awards or difficulties of executing arbitration awards.

• Informatization Policy
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• v.28 no.3
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• pp.95-111
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• 2021

To achieve a data-driven policy decision-making system, the Ministry of Strategy and Finance has formed a marketing team and is actively building upon it. This system, currently under construction, will enable data-driven financial tasks beyond simple financial administration. The U.S. has already enacted The Foundations for Evidence-Based Policymaking Act in the process of similar pursuits. Since last year, the data-driven system administrative law has been enacted in Korea, and a legal framework has been established for data-driven administrative work. The next-generation budget accounting system to fulfill its role as a data-driven system needs public policy support to operate. Innovation and transformation are needed in various areas such as data management, legal system, and installation of related systems. Accordingly, it is very timely to analyze the financial systems and policies of advanced countries such as the U.S. and U.K., which already have established and operates such a financial system. By benchmarking and applying existing financial information systems to the next-generation budget accounting system, a better system will result. In this study, major developed countries, including the U.S., U.K., France, and Canada were benchmarked and analyzed in terms of the main elements of data governance: public policy, systems, legal framework, promotion system, and service level. It was discovered that the role and direction of the national fiscal policy system that the people favor should be able to respond quickly to the recent difficult economic crisis environment such as the digital transformation trend and COVID-19.

• Journal of Korea Game Society
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• v.14 no.1
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• pp.81-92
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• 2014

It was introduced article 26 (Restriction on Hours Provided for Internet Games in Late Night Time) of Juvenile Protection Act, so called "Shut-down Rule", in 2011. Game Industry submitted the legal petition and claimed that the rule is against the Constitution, because that rule based on the assertion that the game is poisonous such as drugs without apparent scientific evidence. It's in controversy in terms of science/medical care up to now; for all that it became to receive in social level. We can find a kind of technology-hatred that come out state-driven radical technological reception. It is required critical-discourse frame on new technology, not pathological frame.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.12
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• pp.773-782
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• 2020

The research objectives are to study the implementation of Islamic Corporate Social Responsibility (i-CSR) values in BMT UGT Sidogiri, an Islamic microfinance institution in Indonesia based on Islamic boarding school or pesantren. This research employed a post-positivist paradigm. Data observation was performed by conducting an in-depth interview with several informants. The data analysis utilized an interactive model technique. The research results showed that i-CSR was successfully implemented in the Islamic microfinance institution based on Islamic boarding school due to the mutual passion (convergence) with conventional CSR typologies. The convergence is in two ways, firstly managerial behavior that focuses on protecting company stakeholders, second, creating sustainable corporate values through effective and efficient business activities. The orientation is the creation of a social role based on justice and sustainable development. The convergence is mainly in the dimensions of economic, legal, ethical and philanthropic responsibilities. The Islamic values have enriched the implementation of i-CSR as the form of practicing the teachings of Islam and evidence of human servitude to God so that the behaviors become worthy of worship. The implementation of i-CSR focused on the Islamic teachings. Compliance to Islamic jurisprudence and apply it in business activities became a divergent element of conventional CSR concept.

• The Journal of Asian Finance, Economics and Business
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• v.6 no.3
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• pp.67-79
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• 2019

This study examines the impact of corporate governance on capital structure decisions based on a large panel of Chinese listed firms. Using the system Generalized Method of Moments (GMM) estimator to control for unobserved heterogeneity, endogeneity, and persistency in capital structure decisions, we document that the ownership structure plays a significant role in determining leverage ratios. More specially, we find that managerial ownership has a positive and significant impact on firms' leverage, consistent with the incentive alignment hypothesis. We also find that managerial ownership only affects the leverage decisions of private firms in the post-2005 split share reform period. State ownership negatively influence leverage decisions implying that SOEs may face fewer restrictions in equity issuance and may receive favourable treatments when applying for seasoned equity ¿nancing, thus use less debt. Furthermore, our results show that while foreign ownership negatively influences leverage decisions, legal person shareholding positively influences firms' leverage decisions only for state controlled firms. We also find that the board structure variables (board size and the proportion of independent directors) do not influence firms' capital structure decisions. Our findings suggest that recent ownership reforms have been successful in terms of providing incentive to managers through managerial shareholdings to take risky financial choices.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.113-136
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• 2006

In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility, burden of proof and scope of responsibility.

• Asian Pacific Journal of Cancer Prevention
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• v.15 no.3
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• pp.1081-1083
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• 2014

Malignancy-associated mortality, decreased productivity, and spiritual, social and physical burden in cancer patients and their families impose heavy costs on communities. Therefore cancer prevention, early detection, rapid diagnosis and timely treatment are very important. Use of modern methods based on information technology in cancer can improve patient survival and increase patient and health care provider satisfaction. Robot technology is used in different areas of health care and applications in surgery have emerged affecting the cancer treatment domain. Computerized and robotic devices can offer enhanced dexterity by tremor abolition, motion scaling, high quality 3D vision for surgeons and decreased blood loss, significant reduction in narcotic use, and reduced hospital stay for patients. However, there are many challenges like lack of surgical community support, large size, high costs and absence of tactile and haptic feedback. A comprehensive view to identify all factors in different aspects such as technical, legal and ethical items that prevent robotic surgery adoption is thus very necessary. Also evidence must be presented to surgeons to achieve appropriate support from physicians. The aim of this review article is to survey applications, opportunities and barriers to this advanced technology in patients and surgeons as an approach to improve cancer care.

• The Journal of Industrial Distribution & Business
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• v.10 no.3
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• pp.7-16
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• 2019

Purpose - The purpose of this paper is to investigate the determinants of corporate anti-corruption practice disclosure (ACPD) from the perspective of rent-seeking theory. Research design, data, and methodology - Data are hand-collected from corporate social responsibility reports (CSRR) issued by 724 A-share listed firms in China. This paper provides an empirical analysis of the relationship between ownership structure and corporate ACPD as well as its moderating role in the institutional environment. Results - Our findings indicate that rent-seeking is a key factor in influencing corporate ACPD. State-owned enterprises disclose significantly more anti-corruption information than private ones in order to achieve personal promotion of top executives. Monopoly enterprises reported significantly less anti-corruption information than enterprises in competitive industries due to their rent-seeking behavior. The reduction of government intervention and improvement of legal environment are helpful to curb corporate rent-seeking activities and enhance the level of corporate ACPD. Conclusions - Rent-seeking is an important factor in explaining corporate voluntary disclosure in emerging countries. Institutional environment also plays a moderating role in the relationship between ownership structure and corporate voluntary disclosure. Our results are of interest to policy makers, regulators and market participants that are interested in corporate voluntary disclosure and corruption prevention.