• Title/Summary/Keyword: legal regulations

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Necessity of revision of the mandatory medication guidance regulation under the Pharmaceutical Affairs Act (약사법상 복약지도의무 규정의 개정 필요성)

  • Dawoon Jung
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.119-145
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    • 2023
  • The Pharmaceutical Affairs Act stipulates medication counseling as an obligatory requirement in the case of preparation of medicine. In fact, there are many cases where pharmacists only tell patients the dose and time and do not properly guide them on taking medications. However, in light of the current situation where non-face-to-face treatment is being attempted, there is a high possibility of drug-taking accidents due to insufficient medication guidance. In addition, as an aging society progresses, the need for explanations on pharmaceuticals is increasing. If a pharmacist causes damage to a patient by failing to give appropriate medication guidance, the patient can claim compensation for damages. In addition, if a drug accident occurs due to a conflict between the pharmacist's duty to guide medication and the doctor's duty to explain, a joint tort is established between the pharmacist and the doctor. Nevertheless, there are cases in which only doctors are judged to bear the tort liability. However, the Pharmaceutical Affairs Act includes providing information for the selection of over-the-counter drugs in the medication guidance as part of the medication guidance obligation. Therefore, in order to reconsider the importance of the medication-taking guidance duty, it is necessary to define the medicationaking information provision method and the medication-taking guidance duty as separate concepts. In addition, it is necessary to amend related regulations centered on patients so that medication guidance, such as side effects of medicines and interactions with concomitant medications, can be made in detail.

Transforming the Advertisements of Global Female cigarette in the Predominantly Male Market of Korea (1990년대 남성 주도적 한국시장에서의 글로벌 여성담배 광고의 변형)

  • Lim, In-Sook;Kim, Bo-Mi
    • Women's Studies Review
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    • v.28 no.1
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    • pp.3-42
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    • 2011
  • This study aims to analyze the characteristics of transnational cigarette companies' strategies to expand the female market in Korea after the market opening of 1988. Focusing on 'Virginia Slims' and 'Finesse', which are the PM and BAT's representative female brands, this study explores whether their typical advertising strategies were transformed in Korean market. After 3years from the market opening, 'Virginia Slims' gave up its brand identity and the strategy was so successful that 'Virginia Slims' continued to be 2nd best-selling brand in the imported cigarette market in Korea. In contrast, 'Finesse' maintained a typical women's cigarette image during the 1990s and consequently occupied the highest brand awareness as a female cigarette but lower market share than Virginia Slims. TTCs adapted to a doubly obstructed Korea market with its strong taboo against female smoking and a comparatively stronger legal ban on all cigarette ads targeting women. However, diverse indirect cigarette ads and promotions, which circumvented regulations, suggest that ads transforming was not to give up Korean female customers. Furthermore, the cigarette ads that the soft and mild taste of female brands are associated with healthy image rather than gendered image may appeal to Korean women without touching their emotions and desires.

A Study on the Legal Regulation of 'Fake News' in the Age of Social Network Services : Focusing on the French Les propositions de loi contre la manipulation de l' information (소셜네트워크서비스 시대 가짜뉴스의 법적 규제에 대한 고찰 : 프랑스 정보조작대처법을 중심으로)

  • Sunhye Kwak;Sungwook Lee
    • Journal of Service Research and Studies
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    • v.12 no.3
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    • pp.144-157
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    • 2022
  • This study began by pointing out the problem of domestic media reporting on 'fake news' regulations that frequently appear through the French 'Les proposals de loi control de l'information'case, while still approaching with different standards and perspectives on where to see fake news. In the age of 'social network services', the answer to what the media is, what the news is, and who the reporter is increasingly difficult. While reviewing the long history and background of the spread of fake news examined in this study, it was confirmed that could not determine the concept and scope of fake news, punished, regulated, controlled, or judged simply by one standard. From the perspective of 'freedom of expression' set by the law, we have the authority to express our opinions freely. In addition, 'online' space is a place where fake news is generated and spread, but at the same time, there is plenty of room to act as an antidote. In the end, the only alternative to the damage of long-term fake news will be to create a media environment that allows more high-quality "real news" to pour out, allowing us to develop our ability to judge reliable information through balanced competition among various news in the free market of ideas.

Analysis of the Terms "Risk" and "Danger" for Appropriate Application of COLREGs and Proposal for Amending Maritime Safety Act of Korea (국제해상충돌예방규칙의 올바른 적용을 위한 '위험'과 '위험성'에 대한 용어 분석 및 해사안전법 개정 제안)

  • Inchul Kim;Hong-Hoon Lee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.1
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    • pp.44-51
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    • 2023
  • The Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs) was adopted to prevent ships from colliding with other ships or any object such as the seabed. COLREGs have been codified and refined since the mid-19th century, and have reached the present. Therefore, the terms and sentences used in COLREGs also have distinct academic and legal connotations. However, in the Maritime Safety Act of the Republic of Korea, which translated COLREGs into domestic law, the "risk of collision" and the "danger of collision" was used in the law without distinguishing their meanings. Accordingly, the difference between "risk" and "danger" was analyzed with reference to the definition of risk by an authoritative international organization of the United Nations such as the International Maritime Organization and the International Organization for Standardization as a well-known and authoritative non governmental organization. In addition, the cases codified in COLREGs and translated cases in the Maritime Safety Act were analyzed to highlight the need for amending the Maritime Safety Act. From the perspective of safe navigation, it is expected that the Maritime Safety Act in the future would distinguish between "danger" and "risk" so that the efforts of watch officers to prevent collisions could be further systematized.

Current Status Analyses and Efficient Strategies Subjected to Safety Management of Small-Scaled Old Buildings (소규모 노후 건축물 안전관리 실태분석 및 효율화 방안)

  • Ji-Eon Lee;Jong-Chan Kim;Sung-Ho Park
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.27 no.3
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    • pp.58-70
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    • 2023
  • Based on the current state of safety management for small-scaled old buildings, this study identified problems and proposed improvement plans. The study investigated the current status of safety management based on relevant laws and government and financial portal data, as well as budget documents related to the targets of safety management, the organization responsible for safety management, and the budget required for organizational operation. As a result, the study revealed the problem of safety management blind spots for buildings that are not included in the legal safety inspection targets. It also identified difficulties in securing specialized personnel for the operation of local building safety centers and financial constraints for the operation of building safety special accounting. To address these issues, the study proposed measures such as expanding the scope of safety inspection targets for small-scaled old buildings to reduce safety management blind spots, improving compensation regulations for specialized personnel, setting a minimum ratio for enforcement fines to secure financial resources, and gradually adjusting building permit fees. The study aimed to contribute to improving the efficiency of safety management for small-scaled old buildings based on these proposed measures.

A Study On The Exploring Alternatives In After-School Program According To The Application Of Contract Law (방과후학교에서 계약법 적용에 따른 대안 모색)

  • Jeong, Yeong-Mo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.6 no.7
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    • pp.219-228
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    • 2016
  • This research aimed at investigating policy change process of after school contracting out and suggesting future alternative. Also, this research conducted a literature search for the research data related to policy and related regulations. As the result of investigation, the Ministry of Education established management plan for after school, however there have been changes in policy, e.g. contracting out was executed from 2004 to 2008 upon autonomy of unit school through school steering committee deliberation(consultation), while standardized procedure was conducted, which was suggested in 'After school operation guideline', produced in cooperation between the Ministry of Education and municipal ministry of education from 2008 to 2015, while since 2016, contract law should be applied when after school contracting out is adopted. Policy change since 2016 is based on the legal necessity that contract law should be followed as the contract size of after school contracting out has become larger along with necessity of clarity of after school contracting out. Nevertheless, there's a worry that quality of after school education could be degraded due to lowest price bidding. The government suggested an alternative to prevent excessive price competition by paying a regular rate of basic price as personnel expenses, however this research suggested a plan to enact an ordinance in regard of specialty of after school educational activities and cities and provinces as the fundamental solution plan.

Estimation of Consumer Value on Import Management of Seafood Obtained from IUU Fishing: Using Choice Experiment Method

  • Ji-Eun An;Se-Hyun Park;Heon-Dong Lee
    • Journal of Korea Trade
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    • v.27 no.2
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    • pp.115-129
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    • 2023
  • Purpose - This study empirically analyzes the consumer value of risk management associated with illegal, unreported, and unregulated (IUU) fishing of fishery products imported to Korea. The global regulatory paradigm for IUU fishing has shifted from production-centered to market-centered. As a result, changes in the international fisheries trade environment emphasizing "transparency" and "legality" of the production process are accelerating. Therefore, changes in the management systems of fishery products entering the country are also needed. Accordingly, this study estimated the consumer value for risk management of IUU fishing, targeting major fish species imported to Korea, and derived the feasibility of introducing related policies. Design/methodology - This study used the choice experiment as an analysis model to estimate consumers' willingness to pay for the "possibility to check for IUU fishing." The choice experiment assumes that the value of a good or service is composed of separable attributes and that the sum of the part-worth of these individual attributes becomes the total value. In this study, respondents were presented with profiles comprising three attributes (country of origin, price, and possibility of checking IUU fishing) and the levels of frozen poulp squid, the subject of the analysis. The participants were asked to select their preferred profile. The marginal willingness to pay for each attribute was derived from the results of the respondents' choices using conditional logit model estimates. Findings - There is a marked difference in utility based on the preference of the country of origin of fishery products among consumers. In addition, the utility of fishery products that have undergone IUU fishing verification was observed to be higher, with the utility marked to be higher for lower prices. Originality/value - Estimating the policy value of the risk management in IUU fishing of imported fisheries products in this study is a novel attempt that has never been conducted before. Several studies have been conducted to assess the risk of IUU fishing associated with the import of fishery products internationally. However, such studies are yet to be conducted in Korea. Instead, policies and studies have focused on issues related to complying with trading partners' legal and transparent standards for exporting fishery products. This study should be the beginning of more in-depth empirical and theoretical explorations to establish order in the domestic seafood market and respond to changes in international regulations on IUU fishing.

A Study on the Development of Training Model by Enforcement of the IP Code(SOLAS Chapter XV)

  • MoonGyo Cho;JeongMin Kim
    • Journal of the Korea Society of Computer and Information
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    • v.29 no.4
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    • pp.145-153
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    • 2024
  • Through the 106th session of the International Maritime Organization(IMO)'s Maritime Safety Committee(MSC), a mandatory safety training requirement for all personnel transferred or accommodated for offshore industrial activities was established and adopted under the name of SOLAS Chapter XV, IP(Industrial Personnel) Code. This regulation mandates pre-boarding safety training to enable individuals to anticipate and mitigate hazardous risks in navigation and operational environments. Consequently, the IP Code includes provisions regarding the training content for industrial personnel and regulations for the refusal of master who has a full responsibility for individuals who have not completed the required training(non-qualified industrial personnel). Referred to as the IP Code, this agreement is set to enter into force in July 2024, necessitating the establishment and operation of safety education for industrial personnel boarding ships before that date. Accordingly, this paper reviews the legal requirements related to training within IP code and analyzes the details of models including training objectives, target audience, duration, and course structure of safety trainings such as STCW, OPITO, GWO training, and other delegated training related to current ships. Additionally, it aims to propose a curriculum model for IP training courses which consists of a total of 16 hours over 2 days, offered by the Korea Institute of Maritime and Fisheries Technology, including teaching objectives, duration, and course structure.

Analyzing Domestic Research Trends on Disclosure of Information By Comparing Major Academic Disciplines (주요 학문분야 비교를 통한 국내 정보공개 연구동향 분석)

  • Na-yun Bae;Hyo-Jung Oh
    • Journal of the Korean Society for information Management
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    • v.41 no.2
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    • pp.295-316
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    • 2024
  • Analyzing research trends is essential for the sustainable development of a discipline and is important for understanding the value of prior research and laying the groundwork for subsequent research. This study aims to draw implications for the future direction of convergence research on the disclosure of information from various disciplines by comparing and analyzing the trends in disclosure of information research in Korea. For this purpose, we analyzed the publication frequency of information disclosure papers listed in the Korea Citation Index (KCI) from 2002 to 2023 and the publication trend by discipline as a time series. In addition, we compared the keyword relationships and specialized research topics of each discipline by applying network analysis and LDA topic modeling techniques to the names and keywords of papers in law, public administration, and library and information science. As a result of the analysis, the law focuses on legal regulations and policy improvement, public administration focuses on changing social needs and administrative operation methods, and LIS focuses on practical approaches to record management and disclosure of information. Based on this, future research directions include combining policy research in law with social change research in public administration and developing realistic policies and operational guidelines from the practical perspective of LIS. Such convergent research will enable the systematic and efficient implementation of disclosure of information systems, contributing to the guarantee of the public's right to know and the enhancement of state transparency.

A Study on the Proposal for Deposit Linkage Plan Based on the Survey of Online Material Identification System (온라인 자료 수집 전략 및 중장기 로드맵 수립 연구)

  • Younghee Noh;Inho Chang;Youngmi Jung;Aekyoung Son;Kyungsun Lee;Hyunju Cha
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.35 no.2
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    • pp.5-23
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    • 2024
  • The seventh year of implementing online material deposit demands a systematic collection, legal and regulatory improvements, and the establishment of a long-term strategic plan for online material collection. In this study, we aimed to propose an online material collection strategy and a long-term roadmap for preserving online resources as national intellectual and cultural heritage for future generations. To achieve this, we analyzed the status of domestic and foreign libraries, related laws and regulations, and the types and collection status of online materials. Based on this analysis, we proposed practical collection standards and methods. Ultimately, a long-term roadmap and implementation plan were suggested. The long-term development plan for online material collection established a phased, concrete implementation strategy. This includes the foundation-building phase of online material collection, followed by the expansion phase, and finally reaching the maturity phase.