• The Korean Journal of Archival Studies
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• no.48
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• pp.45-92
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• 2016

Corporations report their economical, environmental, social influences and achievements through sustainability reports. Apart from the financial reports, which are subject to legal restrictions, sustainability reports inform non financial achievements of a corporation, thus the reliability of the information is solely dependent on the corporation itself. The current sustainability reports are of types that cannot include proof or source of the index data, thus they are tended to be regarded as means of publicity. The reliability of the reports is often questioned. This research applied the concept of Evidence-Based Accountability, which will allow the confirmation of accountability through records including contents and context of the tasks. Evidence-Based Accountability means producing and accumulating witness records of actions, then managing the records as usable information and use them as accountability information. Index data from sustainability reports of domestic corporations and web based reports of Vodafone was reviewed. Measures to link task records as proof of index data was studied. To make this possible, record production and acquisition system was redesigned in order to secure required records as evidence. Linked build-up of SR system and RMS was proposed. The proposed system will allow collection and management of records as SR accountability information, and provide the data when necessary. Also, corporate infrastructure was proposed. This infrastructure will build a professional records management system in stages, through organizational system and regulations. Cooperation of staff in this infrastructure will support reliable corporate accountability.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.39-65
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• 2022

There are two aspects of clinical practice guidelines that act as non-legal control before medical practice and as legal control standards after medical practice. The essential purpose of clinical practice guidelines is the former, but the latter action cannot be excluded. The clinical practice guidelines are a means of linking law and medical care. The negative perception of clinical practice guidelines that medical professionals' autonomy can be violated by the enactment of clinical practice guidelines is an excessive negative evaluation of clinical practice guidelines. Rather, judicial judgment based on clinical practice guidelines plays a role in respecting the autonomy of medical professionals. In other words, the clinical practice guidelines suppress legal regulations on medical care as much as possible and are based on doctors' professional ethics and self-discipline, and patient awareness and cooperation. In order to establish an ideal relationship of cooperation between doctors and patients, 'medical ethics' must be incorporated as a legal means. Clinical practice guidelines are the most appropriate means for incorporating such medical ethics into legal procedures. The lawyer solves the case with a legal syllogism that establishes a norm and applies facts to it to conclude. For the resolution of medical disputes, Clinical practice guidelines are used to establish norms that doctors should perform for specific diseases, and conclusions are drawn by applying the established norms to specific medical practices. When it is not easy to apply the established norms to specific medical practices, medical judgments by experts, such as emotions, expert testimony, and explanations by expert members, are used. As such, the Law respects the autonomy of medical care even in the establishment of norms and the application of norms. In particular, Clinical practice guidelines prepared independently by the medical community are referred to in establishing norms, which are the prerequisites for legal syllogism. This shows that doctors participate in the formation of precedents and contribute to the formation of norms. The use of clinical practice guidelines in trials is respect and consideration for the autonomy of medical care. Although there may be an aspect in which the autonomy of individual doctors is limited by clinical practice guidelines, it should be considered that the autonomy of doctors as a group is respected. In this way, the clinical practice guidelines play a role in protecting the autonomy of the "medical" group from the logic of the "law."

• Safety and Health at Work
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• v.8 no.3
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• pp.306-314
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• 2017

Background: In order to obtain a deeper understanding of an incident, it needs to be investigated to "peel back the layers" and examine both immediate and underlying failures that contributed to the event itself. One of the key elements of an effective accident investigation is recording the scene for future reference. In recent years, however, there have been major advances in survey technology, which have provided the ability to capture scenes in three dimension to an unprecedented level of detail, using laser scanners. Methods: A case study involving a fatal incident was surveyed using three-dimensional laser scanning, and subsequently recreated through virtual and physical models. The created models were then utilized in both accident investigation and legal process, to explore the technologies used in this setting. Results: Benefits include explanation of the event and environment, incident reconstruction, preservation of evidence, reducing the need for site visits, and testing of theories. Drawbacks include limited technology within courtrooms, confusion caused by models, cost, and personal interpretation and acceptance in the data. Conclusion: Laser scanning surveys can be of considerable use in jury trials, for example, in case the location supports the use of a high-definition survey, or an object has to be altered after the accident and it has a specific influence on the case and needs to be recorded. However, consideration has to be made in its application and to ensure a fair trial, with emphasis being placed on the facts of the case and personal interpretation controlled.

• Quality Improvement in Health Care
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• v.2 no.2
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• pp.46-54
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• 1996

Background : The medical record is a compilation of pertinent facts of a patient's life and health history, including past and present illness and treatment. It is written by the health professionals contributing to that patient's care. And the medical record is the permanent, legal document which must contain sufficient information to identify the patient, justify the diagnosis and treatment, and record the results. As such, it must be accurate and complete. So we try to analyze the medical record especially a kind of incomplete record, loose laboratory reports. Methods: During the one-year period(from January to December 1988), a medical record practitioner examine and analyze the record of laboratory reports at K Hospital in Seoul. A total of 320 loose laboratory reports for 3,818 admitted laboratory reports. And a medical record practitioner and a physician review and analyze the influencing factors for the various reasons of clinical and laboratory aspects. Result: The loose percentage by department is the highest in obstetrics(40.4%) but the highest loose rate is in pediatrics(25.0%). The most of omission is occurred in operation room(80.3%) than OPD(19.7%). The change of diagnosis is according to duration of laboratory and more changable in cancer patient. Conclusion : Regular analysis of the documentation in the medical record so it fulfills its purposes of communicating patient care information. So it serves as evidence of the patient's course of illness and treatment for various legal, reimbursement, and peer evaluation review. And it is very important aspect of quality assurance in medical activities.

• Journal of Korean Society of Archives and Records Management
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• v.16 no.4
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• pp.7-30
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• 2016

The purpose of this study is to suggest the directions for record and information management (RIM) strategies for Korean companies as preparation for e-Discovery risks. It begins with the articulation key concepts and some RIM issues of e-Discovery, which is governed by the U.S. Federal Rules of Civil Procedures. It analyzes three lawsuit cases for which Korean companies were sued by North American companies in order to determine the main reasons behind the defensible disposition failures. Based on the analyses, it suggests the RIM strategic policies for preparing the e-Discovery, including the development of inventories for documents and ESI in their possession, custody, or control; ensuring legal hold programs in good faith; and making defensible retention policies.

• Journal of Korean Academy of Nursing
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• v.49 no.6
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• pp.760-770
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• 2019

Purpose: The role of registered nurses is expanding in scope as the healthcare paradigm shifts from acute, hospital-based care to community and population-based care. Given this paradigm shift, this study explores the legal aspects of the role of a registered nurse. Methods: We used document analysis for extracting laws and legal orders related to nursing from the entirety of Korean law. Using textualism approach, we examined the contents utilizing a framework that was developed based on the role classification of community nurses by Clark in this study. Results: A total of 119 items related to nursing were derived from 64 laws. Of these, 71.4 % can be performed by people in multiple types of occupations including nurses. As a result of analyzing required qualifications, 45.4% of 119 items required additional qualifications besides registered nurse license. Analysis of workplace and activity type demonstrated that 26.1% of the 119 items were related to medical institutions, with nurses performing mostly "Client-oriented role." More than half (68.9%) were non-medical institutions, with nurses performing mostly "Delivery-oriented role." Some, however, did not stipulate the nurse's roles clearly. Conclusion: Therefore, to match the enhanced scope and responsibilities of registered nurses and to appropriately recognize, guide, and hold these nurses accountable, laws and policy must reflect these changes. In doing so, these updated laws and policies will ultimately serve as a basis for improving the quality and safety of nursing services.

• The Journal of Society for e-Business Studies
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• v.15 no.4
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• pp.33-47
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• 2010

Web records is valuable information to preserve, because it can be used as a legal evidence about business or e-commerce of a public institution, but it is easily disappeared because of its volatile characteristic. Therefore, archival information package should be defined for long-term preservation. Web records can be stored in the archival information package for electronic records, because web records is a kind of electronic records. However, the NEO(NARS Encapsulation Object), the archival information package for electronic records in Korea, can't able to store web records, because it was developed without consideration of the characteristic of web records. In this paper, we define extended NEO based on the analysis of KoSurWeb and KoDeWeb, that archival information package for document of surface and deep web as well as the NEO. Web records can be preserved and utilized along with electronic records by using the extended NEO. Also it can be used for record and legal evudence by archiving web records of public institution about e-commerce.

• The Korean Journal of Legal Medicine
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• v.40 no.2
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• pp.61-64
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• 2016

Ehlers-Danlos syndrome type IV (EDS IV) is a hereditary disorder of the connective tissue, characterized by easy bruising, thin skin with visible veins, and spontaneous rupture of the large arteries, uterus, or bowel. EDS IV is caused by mutations of the gene for type III procollagen (COL3A1), resulting in insufficient collagen production or a defect in the structure of collagen. EDS IV can have fatal complications such as the rupture of great vessels or organs, which can cause hemorrhaging and sudden unexpected death. Here, we report a case of a 43-year-old female who collapsed after a struggle with a neighbor. In this patient, the bifurcation of the bilateral common iliac artery ruptured, with no evidence of trauma, inflammation, or atherosclerosis. Genetic analysis of COL3A1 showed the presence of a c.2771G>A (p.Gly924Arg) mutation, which may be associated with EDS IV. The forensic pathologist should consider the possibility that the spontaneous visceral or arterial rupture was caused by EDS IV. Genetic analysis is not currently a routine procedure during autopsy. However, in this case, we suggest that the patient possibly had an underlying EDS IV condition, and we recommended family members of the deceased to seek genetic analysis and counseling.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.17 no.2
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• pp.626-643
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• 2023

As mobile forensics has emerged as an essential technique, the demand for technology development, education and training is increasing, wherein images are used. Academic societies in South Korea and national institutions in the US and the UK are leading the Mobile Forensic Image development. However, compared with disks, images developed in a mobile environment are few cases and have less active research, causing a waste of time, money, and manpower. Mobile Forensic Images are also difficult to trust owing to insufficient verification processes. Additionally, in South Korea, there are legal issues involving the Telecommunications Business Act and the Act on the Protection and Use of Location Information. Therefore, in this study, we requested a review of a standard model for the development of Mobile Forensic Image from experts and designed an 11-step development model. The steps of the model are as follows: a. setting of design directions, b. scenario design, c. selection of analysis techniques, d. review of legal issues, e. creation of virtual information, f. configuring system settings, g. performing imaging as per scenarios, h. Developing a checklist, i. internal verification, j. external verification, and k. confirmation of validity. Finally, we identified the differences between the mobile and disk environments and discussed the institutional efforts of South Korea. This study will also provide a guideline for the development of professional quality verification and proficiency tests as well as technology and talent-nurturing tools. We propose a method that can be used as a guide to secure pan-national trust in forensic examiners and tools. We expect this study to strengthen the mobile forensics capabilities of forensic examiners and researchers. This research will be used for the verification and evaluation of individuals and institutions, contributing to national security, eventually.

• Journal of Internet Computing and Services
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• v.24 no.6
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• pp.99-105
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• 2023

In the 4th industrial revolution, the field of criminal justice is paying attention to Legaltech using artificial intelligence to provide efficient legal services. This paper attempted to create a crime prediction model that can apply Recurrent Neural Network(RNN) to increase the potential for using legal technology in the domestic criminal justice field. To this end, the crime process was divided into pre, during, and post stages based on the criminal facts described in the judgment, utilizing crime script analysis techniques. In addition, at each time point, the method and evidence of crime were classified into objects, actions, and environments based on the sentence composition elements and the 8 principles of investigation. The case summary analysis framework derived from this study can contribute to establishing situational crime prevention strategies because it is easy to identify typical patterns of specific crime methods. Furthermore, the results of this study can be used as a useful reference for research on generating crime situation prediction data based on RNN models in future follow-up studies.