• Title/Summary/Keyword: legal framework

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Case Studies for the Establishment of Korean National Urban Park (사례로 본 한국 국가도시공원 조성 연구)

  • Choi, Hyeyoung;Seo, Young-Ai
    • Journal of the Korean Institute of Landscape Architecture
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    • v.50 no.2
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    • pp.116-126
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    • 2022
  • Although the 'Act on Urban Parks and Green Spaces' was revised in 2016 to provide a legal foundation for national urban parks, there was no further discussion or follow-up research for the implementation of national urban parks. This study investigates Korea's park and green space regulations and national urban park cases from across the world. It aims to analyze worldwide cases and set a course for a viable national urban park system in Korea. The importance and characteristics of national urban parks were evident after reviewing the cases of Japan, Sweden, Finland, and Canada, which have national urban park systems, and the United States and Germany, which aid city parks with national budgets. Each country determined the plans and procedures by assessing the scope of government intervention and the government's role. The importance of communication between the state and municipal governments and private sector participation and governance was recognized. A system was also formed in which local governments actively participate in the nomination, establishment, administration, and management of national urban parks. The results of this study are as follows. First, the concept of equitable national development should be implemented to activate the national urban park system. Second, the national urban park should be a land management tool that may be used to balance development and preservation. Third, a specific method of securing, constructing, administering, and operating national urban parks should be supplemented by the current legislative framework amendment. Furthermore, the establishment of a sustainable research institute is needed to comprehensively analyze parks and green space systems and make appropriate decisions.

Challenges of Medical Waste Treatment in Fiji (피지국에서의 의료폐기물 처리현황과 문제점)

  • Kim, Daeseon;Bolaqace, Josefa;Rafai, Eric;Lee, Chulwoo
    • Journal of Appropriate Technology
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    • v.6 no.1
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    • pp.37-44
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    • 2020
  • Medical waste is any kind of waste that contains infectious material and recommended not to be transferred for infection control. As a means of disposal, incineration has better points than dumping or landfill in the quantity reduction, odorless and nonhazardous. However, open burning and incineration of health care wastes under bad circumstances, can result in the emission of environmental pollutants to air. A burial of biological waste brings pollution of soil and water. Most of sub divisional hospitals in Fiji transfer their medical wastes to divisional hospitals for incineration. In 2011, 62,518 kg of medical waste was incinerated in the three divisional hospitals. However, some medical wastes are considered as general waste and burnt or sent to landfill site, some are buried on site in some sub-divisional hospitals. In this regards, urgent education is necessary for awareness promotion to relevant personnel in medical waste treatment. On site incineration using small scale incinerator is more recommended than transportation of medical wastes treatment in Fiji. Moreover, remotely controllable and fixable small scale of incinerator is more desirable in sub-divisional hospitals. It is recommended that Fiji government to set up a legal framework for medical waste management (MWM), to develop specific guidelines for MWM, to set up a training system for MWM to ensure that all relevant personnel are trained, to develop a monitoring and supervision system for MWM, to clarify the future financing of MWM activities, and to improve the MWM infrastructure.

Reviewing the Candidate Types for Other Effective Area-based Conservation Measures for Post-2020 Management Related to National Protected Areas System (Post-2020 국가 보호지역 시스템 관리를 위한 기타 효과적인 지역 기반 보전 수단(OECMs) 후보지역 유형 검토)

  • Shim, Yun-Jin;Sung, Jung-Won;Lee, Kyeong-Cheol;Kweon, Hyeong-Keun;Hong, Yong-Sik;Kang, Shin-Gu;An, Jong-Bin
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.25 no.1
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    • pp.11-23
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    • 2022
  • This study aims to systematically review the candidate types for OECMs suitable for domestic conditions in areas related to the Korea Forest Service in order to achieve the goal of establishing the protected areas and OECMs system required by Post-2020 GBF, and to provide basic data for the establishment of the national protected areas system. As a result of the study, the selection criteria for OECMs were presented, and it was found that arboretums·botanical gardens, Natural Recreation Forests, and air holes may correspond to the Candidate Types for OECMs. As a result of evaluating the possible areas for OECMs based on the OECMs selection criteria, in the case of arboretums·botanical gardens, it is judged that only conservation areas can be designated as OECMs, except for areas mainly used by visitors of arboretums·botanical gardens that fall under the BGCI conservation type among national and public arboretums·botanical gardens. However, private and school arboretums·botanical gardens have personal property ownership, so it was judged to have no effective measures to control activities that may adversely affect biodiversity, which showed limitations in designation of OECMs. Natural Recreation Forests was found to meet the OECMs selection criteria. However, private forests have personal property ownership, which limits the designation of OECMs. Therefore, it is necessary to strengthen the function of in-situ conservation in order to meet the OECMs for private and school arboretums·botanical gardens, and private forests that have personal property ownership. To this end, effective measures are needed to achieve biodiversity conservation outcomes, and it is judged that legal control and corresponding support policies (incentives) are needed. In the case of air holes, for sustainable conservation, the management boundary of air holes should be clearly defined based on the preparation of laws and guidelines related to air holes. In addition, it is judged that it is desirable to designate the competent local forest office as the management authority and conduct periodic detailed surveys of air holes, establish and implement the conservation plans based on those.

Digital Barrier-Free and Psychosocial Support for Students with Disabilities in Distance Learning Environments

  • Kravchenko, Oksana;Koliada, Natalia;Berezivska, Larysa;Dikhtyarenko, Svitlana;Baida, Svitlana;Danylevych, Larysa
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.15-24
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    • 2022
  • The article clarifies the conditions for information, digital and educational accessibility for higher education seekers with disabilities in terms of distance learning caused by quarantine restrictions. It is established that such conditions are regulated by international and Ukrainian legal documents (The Standard Rules on the Equalization of Opportunities for Persons with Disabilities, Convention on the Rights of Persons with Disabilities, Sustainable Development Goals, Law of Ukraine "On Education", Law of Ukraine "On Higher Education", Strategy for the Development of Higher Education in Ukraine 2021-2031, Development Strategy areas of innovation for the period up to 2030, Development strategy of the sphere of innovation activity for the period up to 2030). As a part of information barrierlessness, Higher Education Institutions (HEI) should provide access to information in various formats and using technologies, in particular Braille script, large-type printing, audio description (audio descriptive commenting), sign language interpretation, subtitling, a format suitable for reading by screen access programs, formats of simple speech, easy-to-read formats, means of alternative communication. The experience of Pavlo Tychyna Uman State Pedagogical University is described. In particular, special attention is paid to the study of sign language: in view of this, the initiative group implemented the project "Learning to hear and overcome social isolation together" with the financial support of the British Council in Ukraine. Within the framework of digital accessibility, the official website of the Faculty of Social and Psychological Education has been adapted for the visually impaired in accordance with WCAG 2.0 World Standards. In 2021, Pavlo Tychyna Uman State Pedagogical University implemented the project "Cultural, Recreational and Tourist Cherkasy Region: Inclusive Social 3D Map" funded by the Ukrainian Cultural Foundation; a site with available content for online travel in the region to provide barrier-free access to the historical and cultural heritage of Cherkasy region was created. Educational accessibility is achieved by increasing the number of people with special educational needs, receiving education in inclusive groups; activities of the Center for Social and Educational Integration and Inclusive Rehabilitation Social Tourism "Bez barieriv" ("Without barriers"); implementation of a research topic for financing the Ministry of Education and Science of Ukraine: "Social and psychological rehabilitation of children and youth with special educational needs by means of inclusive tourism"; implementation of the project "Social inclusion of distance educational process"; development of information campaigns to popularize the ideas of accessibility, the need for its implementation, ongoing training programs and competitions, etc.

On the Evolution of Hong Kong's Nativism and Its Public Law Solutions (论香港本土主义的流变及其公法应对)

  • Man, Lai Pui;Yinhao, Tan
    • Analyses & Alternatives
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    • v.3 no.1
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    • pp.93-133
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    • 2019
  • Throughout history, there are three clues of dualistic structures for the development of Hong Kong's nativism. First, inward attribution and outward lookingare two paths to the formation of Hong Kong's nativism. In the dualistic framework of "self-others", nativism is formed. The formation path of "outward looking"can be seen everywhere in the construction history of Hong Kong's nativism. It is under the reflection of "two mirrors" with Britain and Chinese mainland that Hong Kong people acquire the concept of "Hong Kong's nativism". Second, there are two aspects of Hong Kong's nativism: economic and cultural aspect and political aspect. With the gradual development of Hong Kong's history, these two aspects come into being and are closely bound up, thus constituting Hong Kong's nativism today. The third clue is the most critical one. The subjectivity of colonization and decolonization are two different forms of Hong Kong people's subjectivity. These three clues run through the whole process of the construction of Hong Kong nativism, and are carried out in three stages of development: "Origin (1960s-1970s): Preliminary Construction of Hong Kong's Nativism", "Development of Hong Kong's Nativism (1980s-1997): Awakening of Political Aspect" and "Formation and Alienation of Hong Kong's Nativism (1997-present): Deformed "decolonization". Along the evolution of Hong Kong's nativism, with the disintegration of colonialism, Hong Kong people have gradually transited from the subjectivity of colonization to the subjectivity of decolonization, but the process of "decolonization" has not been completed up to now.When nativism loses its native complex from the perspective of "inherent in China", and further develops into the "separatism" of anti-constitutional system and anti-national continuity and unity, it will challenge the stability of the relationship between the central government and the Special Administrative Region under the "one country, two systems". At the same time, it will have a greater impact on the political structure and the rule of law system of Hong Kong, and trigger a series of public law problems that need to be solved urgently. In this regard, on the one hand, we should re-clarify the relationship between the central government and the region under the "one country, two systems" in light of the new situation of democratic political development in Hong Kong, and improve Hong Kong's governance mechanism on the basis of the constitution and the basic law; on the other hand, we should actively learn from the German defensive democracy system to systematically interpret, integrate and apply Hong Kong's existing legal resources so as to effectively curb the development of local separatist forces.

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Corona 19 Crisis and Data-State: Korean Data-State and Health Crisis Governance (코로나19 위기와 데이터 국가: 한국의 데이터 국가와 보건위기 거버넌스)

  • Jang, Hoon
    • Korean Journal of Legislative Studies
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    • v.26 no.3
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    • pp.125-159
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    • 2020
  • Amid global pandemic of covid-19, Korean government's response has drawn wide attention among social scientists as well as medical studies. The role of Korean state and civil society has attracted particular attention among others. Yet, this paper criticizes extant studies on Korean case which focus on the extensive intervention of the strong state and subjective attitude of Korean citizens in coping with covid-19. The concept of the strong state lacks social scientific specification and subjective citizens do not match with Korean realities. This article argues that Korean state's capacity in collecting and mobilizing digital data may offer better understanding for the successful responses to the pandemic. First, Korean state is the ultimate coordinator in collecting, analyzing and applying big data about the expansion of covid-19 with its huge network of dataveillance. Also, such role has been largely based upon relevant legal framework and well prepared manuals and cooperation with civic actors and companies. In other words, Korean digital dataveillance had demonstrated its transparency and cooperative governance. Second, such dataveillance capacity has deep roots in the long-term development of Korean state's big data management. Korean state has evolved about thirty years while enhancing digital data network within governments, companies and private sectors. Third, the relationship between Korean state's dataveillance and civil society can be characterized as a state centered push model. This model demonstrates highly effective governmental responses to covid-19 crisis but fall short of building social consensus in balancing individual freedom, human rights and effective containment policies. It means communitarian solidarity among citizens has not been a major factor in Korea's successful response yet.

Ramon Sampedro: Finding the Right to Die with Dignity - Focused on Alejandro Amenabar's Movie <Sea Inside>- (라몬 삼페드로: 존엄하게 죽을 권리를 찾아서 -알레한드로 아메나바르의 영화 <씨 인사이드> 를 중심으로-)

  • Donggiun Kim
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.2
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    • pp.27-33
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    • 2024
  • In this article, this study examines the issue of "Physician-assisted Suicide" and how Ramon Sampedro asserts his right to a dignified death through litigation. Ramon, the protagonist of the movie <The Sea Inside> is a patient, severely paralyzed man who has spent more than 26 years in bed. The only thing he can do is verbally ask his family for help. Ramon can no longer support this worthless existence, so he pursues death with dignity. Ramon files a lawsuit to authorize death with dignity within a legal framework, but is denied on the grounds that life is a duty. Ramon eventually fulfills his desire for death with dignity with the help of his friends. Ramon sets up a camera to document the process of his death and introduces the cyanide, which is used in assisted dying, by inhaling cyanide in front of the camera and dying quietly. Although Ramon is not a terminally ill patient, who can blame him for practicing death with dignity as he chooses to do so. We will need to work to build social consensus and legislate for death with dignity for seriously ill patients like Ramon.

Four strategic approaches to the national nature restoration plan for achieving carbon neutrality and national environment recovery (탄소중립 및 국토환경 회복을 위한 녹색복원 종합계획의 4가지 전략적 접근)

  • Son, Seung-Woo;Lee, Sang-Hyuk;Kim, Byung-Suk;Lee, Gil-Sang;Choi, Hee-Sun
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.27 no.2
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    • pp.1-16
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    • 2024
  • To achieve carbon neutrality and restore the national environment, there is growing interest in policies to transform national land areas into green space, such as expanding nature-based solutions, increasing biodiversity, and improving ecosystem service functions. In addition to complying with international agreements such as the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity, it is necessary to expand green spaces to achieve the 2050 Carbon Neutrality goal, which can be achieved by restoring the damaged land in an ecological way. However, it is challenging to implement green restoration in a systematic and active way due to conflicts of interest among landowners and lack of institutional support and advanced technology. Therefore, this study aims to develop a strategy to expand green restoration and implement it smoothly and systematically. This study examined the current status of green restoration in South Korea by investigating green restoration laws and systems and overseas trends, and by surveying the perceptions of 1,000 people selected from a pool of the public. The results of this study show that it is difficult to implement the green restoration efficiently because the laws related to restoration are scattered. According to the relevant legal plans, the perception and direction of restoration is to pursue a sustainable national land environment, allow people to benefit from nature, improve the quality of life, and nurture related industries and human resources. In the international community, it is mentioned that green restoration contributes to achieving the 2050 Carbon Neutrality goal, revitalizing green industries, developing and applying advanced technologies, maintaining consistency in restoration-related policies, expanding citizens' access to green spaces, and adopting nature-based solutions. Both experts and the public are aware of the seriousness of the damage to the natural environment and prefer restoration with human use rather than focusing on natural recovery. It is expected that this study will contribute to the future direction of green restoration and the implementation of tasks for the sustainable restoration of the national land environment and the zero-carbon era.

Factors Affecting the Intention to Adopt Self-Determination Rights of Personal Medical Information (개인의료정보 자기결정권 행사 의도에 영향을 미치는 요인)

  • Yunmo Koo;Sungwoo Hong;Beomsoo Kim
    • Information Systems Review
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    • v.20 no.1
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    • pp.159-177
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    • 2018
  • With an extensive proliferation of information and communication technology, the volume and amount of digital information collected and utilized on the Internet have been increasing rapidly. Also on the rapid rise are side effects such as unintended breach of accumulated personal information and consequent invasion of personal privacy. Informational self-determination is rarely practiced, despite various states' legal efforts to redress data subjects' damage. Personal health information, in particular, is a subcategory of personal information where informational self-determination is hardly practiced enough. The observation is contrasted with the socio-economic inconvenience that may follow due to its sensitive nature containing individuals' physical and health conditions. This research, therefore, reviews factors of self-determination on personal health information while referring to the protection motivation theory (PMT), the long-time framework to understand personal information protection. Empirical analysis of 200 data surveyed reveals threat-appraisal (perceived vulnerability and perceived severity of threats) and coping-appraisal (perceived response effectiveness), in addition to individual levels of concern regarding provided personal health information, influence self-determination to protect personal health information. The research proposes theoretical findings and practical suggestions along with reference for future research topics.

Legal and Regulatory Issues in Genetic Information Discrimination - Focusing on Overseas Regulatory Trends and Domestic Implications - (유전정보 차별금지의 법적문제 - 외국의 규율 동향과 그 시사점을 중심으로 -)

  • Yang, Ji Hyun;Kim, So Yoon
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.237-264
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    • 2017
  • With the onset of the Human Genome Project, social concerns about 'genetic information discrimination' have been raised, but the problem has not yet been highlighted in Korea. However, non-medical institutions' genetic testing which is related to disease prevention could be partially allowed under the revised "Bioethics and Safety Act" from June 30, 2016. In the case of one domestic insurance company, DTC genetic testing was provided for the new customer of cancer insurance as a complimentary service, which made the social changes related to the recognition of the genetic testing. At a time when precision medicine is becoming a new standard for medical care, discipline on genetic information discrimination has become a problem that can not be delayed anymore. Article 46 and 67 of the Bioethics Act stipulate the prohibition of discrimination on grounds of genetic information and penalties for its violation. However, these broad principles alone can not solve the problems in specific genetic information utilization areas such as insurance and employment. The United States, Canada, the United Kingdom, and Germany have different regulations that prohibit genetic information based discrimination. In the United States, Genetic Information Non-Discrimination Act takes a form that adds to the existing law about the prohibition of genetic information discrimination. In addition, the range of genetic information includes the results of genetic tests of individuals and their families, including "family history". Canada has recently enacted legislation in 2017, expanding coverage to general transactions of goods or services in addition to insurance and employment. The United Kingdom deals only with 'predictive genetic testing results of individuals'. In the case of insurance, the UK government and Association of British Insurers (ABI) agree to abide by a policy framework ('Concordat') for cooperation that provides that insurers' use of genetic information is transparent, fair and subject to regular reviews; and remain committed to the voluntary Moratorium on insurers' use of predictive genetic test results until 1 November 2019, and a review of the Concordat in 2016. In the case of employment, The ICO's 'Employment Practices Code (2011)' is used as a guideline. In Germany, Human Genetic Examination Act(Gesetz ${\ddot{u}}ber$ genetische Untersuchungen bei Menschen) stipulates a principle ban on the demand for genetic testing and the submission of results in employment and insurance. The evaluation of the effectiveness of regulatory framework, as well as the form and scope of the discipline is different from country to country. In light of this, it would be desirable for the issue of genetic information discrimination in Korea to be addressed based on the review of related regulations, the participation of experts, and the cooperation of stakeholders.

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