• 대한족부족관절학회지
• /
• 제28권3호
• /
• pp.87-95
• /
• 2024

This study examined the levels of satisfaction from medical staff and patients by analyzing 691 Supreme Court precedents on medical practice from legal disputes in Korea, which are developing into a dual medical system. In addition, the issues that can be prevented in the medical field through the flow and judgment of legal disputes in medical practice after the revision of the medical law are discussed. The concept of medical practice not specified in the Medical Law was examined and compared with the medical-legal systems of Germany, Japan, and the USA through international comparative analysis to assess the illegal factors occurring in the medical field by analyzing the legal approach, medical practice, and medical personnel qualifications of each country. An analysis of the Supreme Court's case law revealed the timing analysis of issues in legal disputes related to medical practice, the incidence rate among the subjects of the cases, and medical personnel to be significant. The meaning was studied by finding the law that applied to it. Important cases were identified, and their meaning was reviewed. The legal issues of medical practice in orthopedics were divided into five sections based on precedents, such as problems in consent to information at the start of treatment, problems in prior radiography before treatment, explanation of the consent process for surgical treatment, problems related to the qualification of operators in the operating room, and the responsibility for postoperative results. In the wake of the recent major crisis in the government's medical reform policy (Essential medical package), procedural problems and legal reviews of illegal medical practices and their qualifications in the medical field were conducted because of the lack of medical personnel.

• 아동학회지
• /
• 제30권6호
• /
• pp.99-109
• /
• 2009

The purpose of this study is to review the characteristics of the policy for supporting child care and education in Korea. In order to suggest the theoretical and practical issues for child care and education policy, it is necessary to evaluate the existing policies. Based on the review of the literature, the legal system, and the policy, the child care support system in Korea is evaluated to be fragmentary and inconsistent. And Korean child care policy is a mixture of the conservative and the liberal one. In order to meet the needs of the family and children of Korea, more progress approach to child care policy is needed. The suggestions of this study are to have Korean government give more weight on societal care of children, introduce children's allowance, integrating child care and education system and developing policy monitoring systems in Korea.

• 전기학회논문지
• /
• 제60권11호
• /
• pp.2165-2170
• /
• 2011

The separate order for the electrical work is an institutional plan to improve the electrical construction quality and strengthen the competitiveness of the electrical contractors. The systematic approach for the policy implementation of the separate ordering system can make its adaptability higher and lead to a policy success. There are many kinds of effects on the implementation of the separate order, but institutional foundation is needed for increasing the policy adaptability. The necessity of the systematic and theoretical foundation was detected in various factors by considering policy implementation theory. In order to fix the separate ordering system, reasonable methods such as finding inducements and offering incentive are more effective than legal procedures. At last, a variety of policy adaptability plans must be founded in order to invigorate the separate ordering system in a view of the policy implementation.

• 보험의학회지
• /
• 제29권1호
• /
• pp.22-23
• /
• 2010

• 한국방사성폐기물학회:학술대회논문집
• /
• 한국방사성폐기물학회 2019년도 춘계학술논문요약집
• /
• pp.25-26
• /
• 2019

• STI Policy Review
• /
• 제7권1호
• /
• pp.87-109
• /
• 2016

Public procurement for innovation (PPI) is a new approach in stimulating innovation, and currently attracts considerable attention from policymakers and academics. This paper discusses the rationales and perspectives of PPI in Vietnam. The rationales for public procurement for innovation policy in Vietnam compared to theoretical and international practice are discussed. From such a comparison, the paper concludes that R&D results-procurement policy in Vietnam shall be understood and implemented as regular PPI both theoretically and practically. However while designing the policy, policymakers must consider the characteristics of the STI system of the country in order to make the policy adaptable to context. The paper identifies that PPI in Vietnam can be implemented with a ready legal framework (intellectual property rights, R&D contracts, standardization, etc.), the prepared capabilities of R&D institutions, businesses, and public agencies in innovation processes, and the provision of a demand-supply network and other procurement incentives.

• 정보화정책
• /
• 제18권4호
• /
• pp.42-58
• /
• 2011

웹(Web)의 창시자인 팀 버너스 리 경(Sir. Tim Berners-lee)은 웹의 힘은 보편성에 있으며, 장애에 구애 없이 모든 사람이 접근할 수 있는 것이 가장 중요한 요소라고 지적(W3C WAI, 2006)하였다. 또한 Lasswell(1971)과 허범(2009a;2009b)이 말하는 정책학의 이상과 가치의 핵심인 인간의 존엄성 추구라는 관점에서 볼 때에도 인터넷 상의 형평성 구현은 정보사회에서의 중요한 가치이다. 이러한 맥락에서 본 연구는 지식정보사회의 핵심인 웹 상에서의 형평성을 구현하는데 있어 중요한 웹 접근성 준수에 영향을 주는 요인을 도출하고 정책적 시사점을 제시하는데 연구 목적이 있다. 본 연구는 특히, 광역자치단체의 웹 접근성 정책에 영향을 미치는 주요 요소를 문헌 연구와 수요공급 균형 모형의 가정을 준용하여 법제도 환경 요소, 재정 기반 요소, 정책자원 투입 요소, 정책 수요 요소로 가정을 하고 이에 따라 연구 모형을 설계하였다. 이를 바탕으로 우리나라 16개 광역자치단체에 대한 전수 분석을 통해 웹 접근성 정책 결정요인 분석을 실시하였다. 연구의 정확성을 위해 본 연구는 각 광역자치단체들의 5개년 패널자료를 바탕으로 최적모형 검정을 통해 도출한 패널분석모형을 통해 분석을 실시하였다. 본 연구의 패널분석모형은 웹 접근성 지수를 종속변수로 설정하고 독립변수로는 정책수요(인터넷 이용률, 장애인 및 노인비율), 정책자원 투입(정보화 예산비율, 정보화 인력), 재정기반(재정자립도)을 설정하여 패널분석을 실시하였다. 분석 결과 정책 수요, 정책자원 투입, 정보화 역량 변수가 16개 광역자치단체의 웹 접근성 제고에 영향을 주는 것으로 나타났다. 나아가 본 연구는 패널분석 모형과 문헌연구를 통해 지방자치단체의 웹 접근성 제고를 위한 법제도 환경요소의 중요한 역할을 추론해 낼 수 있었다. 이러한 연구 결과를 바탕으로 웹 접근성 인식제고를 위한 노력, 표준 제정 및 관련 기술 개발 연구 확대, 웹 접근성 관련 인력양성 그리고 법 제도 개선을 정책제안으로 제시하였다.

• 한국중재학회지:중재연구
• /
• 제8권1호
• /
• pp.221-241
• /
• 1998

Though the arbitration agreement is a means to resolve disputes autonomously in essence, the Principle of Parties Autonomy and the Principle of Free Contracting can not be applied infinitely without any limitations but subject to the Public Policy and the Compulsory Provisions as established by an interested country. Such principle of law is applied to international arbitration agreements as well, but their validity should be determined by different standards from those in domestic arbitration agreements, in consideration of their internationality. The essential effect of arbitration agreement is to exclude from the jurisdiction of State courts. Depending upon definition of the legal nature of arbitration agreement, the range and contents of the effect of such agreement will vary. Whether State courts can intervene in claims related to Compulsory Provisions is an issue at the level of legislation policy which can not be easily concluded. But, the applicability of Compulsory Provisions can not serve as an imperative ground to deny the eligibility of claims for arbitration, so far as such claims can be disposed of by the parties. On the other hand, it is reasonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution to be delegated to arbitrator, so that the Principle of Parties Autonomy can be widely applied throughout the arbitration procedure as well as with other legal acts on private laws. With this, the parties can enjoy an arbitration award appropriate for characteristics of a specific arbitration agreement, thus resulting in facilitating the use of arbitration procedure for international trade activities. To conclude, the Public Policy and the Compulsory Provisions as limitations on arbitration agreement should be applied to such an extent that they can protect States basic moral faith and social order.

• Ocean and Polar Research
• /
• 제27권2호
• /
• pp.171-179
• /
• 2005

Korea has many underwater cultural heritages within the east, west and south seas surrounding the Peninsula that indicate historically important sealanes for trade and transportation. As these underwater cultural heritages are the objects of despoilment because of their relatively easy access through modern technology, their often high historical and priceless value demands strong protection similar to or better than the land cultural properties. Currently, Korea does not have any concrete laws or regulations for the protection of underwater cultural heritages. Thus, these heritages iu, somewhat temporary and inappropriately subjected to laws and regulations relating to provisions of individual Laws concerning protection of cultural properties act, and statute of excavation of material fir buried national property, lost articles act etc.. Internationally, the UNESCO Convention on the Protection of the Underwater Cultural Heritage was adopted but not yet entered into force. Therefore, the protection of underwater cultural heritage has become an urgent matter. In this regard, this article's main purpose is to provide recommendations for improving direction of legal regime and policy for protecting our underwater cultural heritages. These legal regimes need provisions for definition of the underwater cultural heritage, scope of application, ownerships, jurisdictions and protection measures. And suggestions are provided in regard to policies for the protection of underwater cultural heritages that may improve organization and cooperation among concerned ministries and agencies, compensation system, restrictions for excavation of underwater relics, efficiency of survey of underwater surface and information system.

• 한국산업보건학회지
• /
• 제32권2호
• /
• pp.89-101
• /
• 2022

Objectives: By comparing and examining how important issues concerning industrial health information for workers are viewed in other advanced countries, it is intended to ascertain problems in the approach found in Korean legislation and obtain legal and policy implications. Methods: The results of a survey were introduced and analyzed through a comparative method for each case after investigating in detail what and how important issues surrounding workers' right to know industrial health information are reflected in the legislation of Germany, the U.S., the U.K., and Japan. Based on the results of this comparative analysis, theoretical and policy implications and legal policy improvement tasks were drawn to strengthen workers' right to industrial health information for each case in Korea. Results: For access to industrial health information, most of the other advanced countries clearly stipulate a right to access for current and past workers and/or their representatives. As a result, workers or their representatives do not need to use the Information Disclosure Act to access exposure records, and there is no debate over the Information Disclosure Act. In other words, industrial health information is focused on ensuring free access to workers or their representatives and is not interested in reporting it to the government. Conclusions: In order to strengthen workers' right to know about industrial health, it is most important to address the legal issues related to this right, which is considered insufficient by comparative law. This should start with a concrete and effective definition of what and how to guarantee workers' rights to industrial health, such as the right to freely access industrial health information, including for retired workers and bereaved families of deceased workers.