• The Journal of the Korea Contents Association
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• v.21 no.2
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• pp.78-84
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• 2021

Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.

• 한국사회정책
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• v.20 no.2
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• pp.261-304
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• 2013

This article is aiming intensively to analyze the polarizing tendency of labour market and social integration. The polarization of labour market is being regarded as one of the hottest issues not less important than those problems of economic growth, employment, income distribution and national security etc. in the national policy. In this article, we will first follow up the important phenomena of labour market polarization and the background as well as its consequence. Especially, it asks if the present labour policy in the new government which is now being concentrated on the improvement of employment rate(from the present 63% to the 70% in the future) could deserve to diminish the polarization of labour market in korea. At one side, this article makes the special attention on the diversifying tendency of labour market and the various phenomena of fragmentation and segmentation in the labour market according to the forms and types of employment and according to the employee's status as much as the company's size. At the other side, it emphasizes that to overcome the polarization of labour market should require the wide reform from the legal measure to the improvement of the wage system, and the qualification system and the social investment as well as the human resource development. Furthermore, this article stresses the importance of integrative approach between the active market policy and the social policy instead of choosing each policy option, seperatively.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.22 no.5
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• pp.1123-1132
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• 2012

Many domestic organizations are introducing and operating various information security management systems capable of coping with technical, administrative, and legal issues comprehensively and systematically, in order to prevent various infringement incidents such as personal information disclosure and hacking preemptively and actively. However, empirical analyses regarding the extent to which an information security management system contributes to information security performance have not been fully conducted, even though enterprises and organizations are actively introducing such systems in order to achieve their information security objectives as a part of their organizational management activities in line with their respective business, by investing considerable effort and resources in developing and operating these systems. This approach can be used to apply, develop, and operate the information management system actively within an organization. this study focused on analyzing how each specific phase of the information security management system affects information security performance, compared with previous studies, which generally focus on the information security control item in analyzing information security performance. The information security management system was analyzed empirically to determine how the Security PCDA cycling model affects information security performance.

• The Journal of the Korea Contents Association
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• v.21 no.3
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• pp.634-644
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• 2021

Despite the increased social demand for strengthening the punishment for ghost surgery in Korea, the governmental management is very passive compared to other offenses of medical law, and the punishment for ghost surgery is insufficient, so that medical malpractices are continuously occurring. A plastic surgeon who posted the names of clinics performing ghost surgery and the number of deaths on the internet bulletin board, was charged with the violation of the Information Telecommunication Act(defamation). Thus, this study aimed to present the legal/institutional issues and implications of defamation by the release of ghost surgery, by initially examining the charged case after posting the contents showing the death of patients by ghost surgery in clinics on the internet bulletin board. This study aimed to understand how strictly the court approached the ghost surgery in the aspect of public interest, and also to understand the judgment standard of punishment for defamation by investigating the publicly alleging facts and public interest by the disclosure of ghost surgery. Moreover, this study aims to provide the basic data necessary for guaranteeing the national health right by arousing attention to ghost surgery.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.37-55
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• 2021

On March 19, 2021, the Korean Bioethics Association and related academic circles published a joint statement criticizing the partial revision of Infectious Disease Control And Prevention Act. However, according to the Bioethics And Safety Act of Korea, research conducted by the state or local governments for public welfare is excluded from human subjects research project. In addition, since the Korean legal system is not based on the dichotomy between research and surveillance, the discussion of the US Common Rule cannot be directly applied to Korea. For the harmonious operation of the state's duty to manage infectious diseases and the Institutional Review Boards, institutional alternatives should be prepared in consideration of the following issues. First, the related academic community should first pay attention to the problems of the current laws in Korea. Second, it should be understood that the state is carrying out many tasks without the consent of the parties in order to fulfill its duty to manage infectious diseases. Third, when presenting institutional alternatives, it is necessary to consider the feasibility of implementation in Korea. An in-depth discussion of the institutional alternatives by the Medical Law Society and other related academic circles is necessary.

• The Korean Society of Law and Medicine
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• v.21 no.3
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• pp.117-144
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• 2020

In accordance with Article 15 of the Medical Law, medical personnel in Korea cannot refuse treatment of a patient unless there is a justifiable reason, and violation of this obligations is subject to criminal penalties. Japan also stipulates the same content in the law. However, this violation of obligations in Japan is not subject to criminal penalties, and is used as a judgment element of the liability for damages of doctors only in the case of damage to the patient. However, in both countries, it is difficult to interpret and apply the law because the regulation is a little ambiguous. In particular, the key is to find out what is the justifiable reason for the doctor to refuse treatment of the patient. Recently, Japan has completed the work of re-examining the discussion on medical refusal from a modern perspective in terms of improving the excessive working environment of doctors. On the other hand, in Korea, it is not clear in what cases it is possible to refuse treatment. because there is a lack of systematic discussion on medical refusal. Rather, unnecessary misunderstandings and controversies have resulted in the loss of trust between patients and doctors. In Korea, there is already a legal right for a doctor to reject it according to his religious beliefs or conscience in the implementation of the suspension of life-sustaining treatment decisions. And in the case of an abortion, debates are underway that doctors should be given the right to refuse it. This study introduces the current state of discussion in Japan, and examines the issues surrounding medical refusal in Korea. It is hoped that this study will facilitate further discussions on the medical refusal.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.42 no.6
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• pp.879-885
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• 2022

Of increasing global popularity is the multi-dimensional use and development of cities to address land use and urban issues caused by high urban density and challenging topography. In Korea, the city of Busan has a large proportion of mountainous areas, and the Gyeongbu Line that runs through the city's center has been interrupting this urban area for over 117 years. Because a lack of usable land is hindering the development of the city, introducing a multi-dimensional approach to urban development is seen as important. Accordingly, the Gyeongbu Line underground project is attempting to solve the problem of disconnection of Busan's city center and increase the amount of usable land for varied multi-dimensional use. In this study, by conducting a preference survey among those who live near the underground project sites of the Gyeongbu Line stations in Busan, the planned use of each available land arearesulting from the multi-dimensional development of railroadsand railway stations was investigated. However, in order to further the results of the survey, legal and institutional support is needed. There are limits to the multi-dimensional use of land, such as the lack of interconnection between individual laws and the lack of specific guidelines for multi-dimensional development.

• Journal of the Korea Society of Computer and Information
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• v.27 no.5
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• pp.199-204
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• 2022

The purpose of this study is to broaden the understanding of the Security Services Industry Act, and also to examine the meanings of various phenomena by analyzing the media report big data rather than the researchers' perspective on the Security Services Industry Act. In the research method, this study searched for a keyword 「Security Services Industry Act」 that prescribes the security work as an important subject of crime prevention and maintenance of public order in Korea. The data was searched from 1990 to 2021 the BIG KINDS could provide. Also, for the concrete analysis during the period of data search, it was divided into settlement period(1976~2001), growth period-quantitative(2002~2012), and growth period-qualitative(2013~2021). In the results of this study, the media report perception of the Security Services Industry Act is continuously emphasizing the social roles and importance of private security according to the flow of time. The consequent marketability of private security will play great roles in the protection of people's lives and properties in the combination with various other industries in the future. However, the private security industry that provides public peace service together with the police, could be rising as an element that hinders the development of private security industry because of various social issues caused by legal regulations and illegal problems, so it would be necessary to more strengthen its responsibility and roles accordingly.

• Journal of the Korean Association of Geographic Information Studies
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• v.25 no.3
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• pp.59-73
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• 2022

Currently, the conflict between use and conservation of the ocean is intensifying in the ocean, so it is essential to introduce an effective method to define and manage it in advance for each core value of ocean. Accordingly, although the ocean is divided into nine marine use zone and managed through marine spatial planning, the analysis of the sea areas where mutually exclusive activities overlap in the ocean is insufficient. In this study, an automated model was developed to derive a sea areas where the core values of the ocean conflict. In order to analyze marine activities, available data on marine activity were collected, and data necessity for the analysis of mutually exclusive marine activities were derived. After classifying the derived data into legal and characteristic data, a conflict matrix was prepared through pairwise comparison between data to designate priorities when overlapping occurs. Based on the designated priorities, an automation model was developed, and sea areas where marine activities conflicted were derived, visualized, and area calculated. Using this, it is judged that the efficiency of decision-making can be improved by clearly deriving the sea areas where major issues occur in establishing the marine spatial planning.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.43-65
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• 2023

The healthcare industry is a digital healthcare that combines technology based on the 4th Industrial Revolution, dealing with information on individual health and medical care, and is a fusion of health care services and medical science and technology. It is questionable whether digital healthcare according to the paradigm change can be discussed by the concept of medical practice under the existing Medical Act. There is no clear definition of the concept of medical practice in the Medical Service Act, but the concept is established through precedents. In addition, under the Medical Service Act, the subject of medical practice is limited to medical personnel. However, digital healthcare sometimes diagnoses and treats diseases using digital technology by medical personnel. On the other hand, what is possible by non-medical personnel is digital healthcare. This is because digital healthcare is understood as a concept that includes health care such as exercise, eating habits, and weight control. For this reason, if the concept of medical practice under the "Medical Act" on digital healthcare is included, it is subject to criminal punishment for "unlicensed medical practice" prescribed in Article 27 of the "Medical Act". In the health and medical industry, digital transformation and convergence with information and communication technology are rapidly progressing. As a result, there is a need to newly define it as 'digitalized medical practice' or 'information and communication technology (ICT)-based medical practice' separately from existing medical practices. The concept of medical practice has variability, not a fixed and invariable concept. However, in response to this demand, it is not an infinite expansion of the concept of medical practice, but a request to reset its scope. Therefore, the concept of medical practice should be legislated by reflecting the demand of consumers for the medical service system.