• 제목/요약/키워드: legal responsibility

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An Analytical Study on Medicine & Medical Affairs Law of Korea (우리나라 의료법규의 문제점과 개정방향)

  • Cho, Hyong-Won;Jung, Doo-Chae
    • Korea Journal of Hospital Management
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    • v.1 no.1
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    • pp.56-82
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    • 1996
  • The objectives of this research are (i) to review the legal nature of medicine & medical affairs law, (ii) to identify legal defects in terms of the adequacy and feasibility of its provisions and in terms of the structural order among related laws and acts, and (iii) to find out a rational way for revision of the law. Major findings of this research are as follows: 1) The main defects of the Medicine & Medical Affairs Law of Korea are shortcomings of provisions necessary for securing people's right as well as medical practitioner's responsibility and in adequacy to its post as a mother-law in medical fields. 2) Some provisions of the law are inconsistent with other laws and acts, especially with Health Insurance Law. 3) Medicine & Medical Affairs Law of Korea is required to be totally revised in order to keep up with situational changes and to function as a mother-law in its field. On the basis of these findings this study suggests that all the concerned parties would cooperate to renew the law into very sound feature of the mother-law in health field.

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A Legal Study on the Environmental Liability of Financial Institutions and its Responses (금융기관의 환경책임과 대응방안에 대한 법적 고찰)

  • Lee, Jae-Hyup
    • Journal of Environmental Policy
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    • v.3 no.1
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    • pp.1-29
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    • 2004
  • The role of the financial institution to promote corporate sustainability may be reviewed in two angles, as a commercial lender and an investor. As a commercial lender, financial institutions should minimize the legal risks and the political risks. Financial institutions began to recognize environmental risks as legal risks that directly affect their lending practices since the legislation of the Comprehensive Environmental Response, Compensation, and Liability Act("Superfund") of the U.S.A. The so-called lender liability rule has a detailed guideline where the financial institutions may be exempted from the Superfund Liability. Similar attempts are noticed in the recent EU White Paper on Environmental Liability. In Korea, comprehensive environmental liability laws are yet to be developed. The Soil Environment Preservation Act now includes a far-reaching environmental liability provisions, where the owners and operators as well as receivers of the facility bear responsibility. However, whether the financial institutions may be captured as a potential responsible party is not very clear. Until the relevant legislation is developed and court decisions accumulate, Korean financial institutions are well advised to raise awareness on this issue, to develop environmental policies and to train personnels.

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A Brief Review of the Legal Definition of Chemical Accident under the Current Chemical Substances Control Act (화학물질관리법상 화학사고 정의에 관한 소고)

  • Jihoon Park;Seon-Oh Park;Hyojin Park;Hye-Ok Kwon
    • Journal of Environmental Health Sciences
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    • v.49 no.4
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    • pp.179-182
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    • 2023
  • The Chemical Substances Control Act has been legislated to counter the risks posed by chemical substances to public health and the environment, but a number of small- and large-scaled incidents related to hazardous chemicals continue to occur every year. The Korean Ministry of Environment takes legal responsibility for prevention, preparedness, and response to nationwide chemical accidents under the Chemical Substances Control Act. The determination of chemical accidents that occur during hazardous chemical handling processes is based on the Article 2 (Definitions) of the law and the administrative criteria for judgement of chemical accidents. However, there are certain ambiguities in the scientific basis for determining chemical accidents under the current regulations. Whether or not a chemical accident has a direct influence on penalties and administrative measures for a workplace where an accident occurred, it is necessary to find reasonable criteria for determining chemical accident based on legal and scientific evidence.

Mass Media's Social Responsibility and Accountability: Focusing on Hutchins Report(1947) and Media Normative Theory (매스미디어의 사회적 책임과 어카운터빌리티: 허친스 보고서(1947)의 재고할 및 규범이론으로의 변천과정을 통해 본 현재적 의의와 과제)

  • Jung, Soo-Young
    • Korean journal of communication and information
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    • v.47
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    • pp.23-49
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    • 2009
  • The purpose of the study is to suggest contents, and a range of a Nonnative Theory and a practice for overcoming a crisis of the Mass media. In order to achieve the purpose of the study, a limitation and implication of Social Responsibility Theory was looked into by investigating a Hutchins Report. Hutchins Report suggested the related points at moral duty and legal obligation in implementing mass media's Social Responsibility and Accountability, with relations in publics and community. However, within a view point of a lack of Accountability, Social Responsibility Theory limited responsibility to the realm of 'function', 'self-regulation' and 'self-ethics', In order to promote mass media's quality and serve to rehabilitate its reliability under the pluralistic media system, the contents of Social Responsibility and its scope should be suggested. Media Accountability is a starting point to draw out the contents and scope of Social Responsibility and also a valid democratic plan for mass media to 'social self-regulation' through the mutual communication with civil society. For future Social Responsibility and Media Accountability that is suitable for various mass media, and contents and a range should be defined.

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A study on strategic countermeasure against product liability (중소기업 제조물 책임제도 운영 현황)

  • Park, Roh-Gook;Chang, Seog-Ju
    • Proceedings of the Safety Management and Science Conference
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    • 2011.04a
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    • pp.277-288
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    • 2011
  • Product liability as a process has developed significantly in the United Kingdom and the United States of America. The rapid introduction of product liability has recently been a prevalent phenomenon, as global changes arising from rapid development in science and the economy have resulted in a highly interconnected world economy. This thesis was established, based on current literature and business consulting cases in the position of companies, and is one of the operating subjects in a system for legal responsibility in manufactured products.

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우리나라 중소기업 제조물 책임(PL)운영방안

  • Park, No-Guk;Jang, Seok-Ju
    • Proceedings of the Safety Management and Science Conference
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    • 2012.04a
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    • pp.259-268
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    • 2012
  • Product liability as a process has developed significantly in the United Kingdom and the United States of America. The safety of the product becomes one of the most important elements in modern corporate management. The rapid introduction of product liability has recently been a prevalent phenomenon, as global changes arising from rapid development in science and the economy have resulted in a highly interconnected world economy. This thesis was established, based on current literature and business consulting cases in the position of companies, and is one of the operating subjects in a system for legal responsibility in manufactured products.

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A Study on Software Development and Legal Regulation (소프트웨어 개발과 법적규제)

  • Kim, Hyung-Man
    • Journal of Digital Convergence
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    • v.9 no.5
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    • pp.11-20
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    • 2011
  • Internet users and copyright holder have been at the center of a severe legal dispute because file-sharing soft (P2P) through Napster aggravates the violation of copyright as well as takes on the world. Though it is natural that we should hold users a criminal penalty for the illegal use of various computer programs, I think that if the supply of a computer program is generally within a circle of development act, program developer ought not to hold users criminally liable for the unintended illegal act of users. Two main issues are addressed in this work: (i) the basis and validity of legal responsibility and condemnation that appear in the precedent set as to P2P in America, Japan, and Korea. (ii) the necessity of both scientific technology development and efficient legal regulation of copyright holder. For this purpose, software development and legal regulation are reviewed analyzed from viewpoint of the criminal law.

A Study on the Advancement of the Legal System for Small Fishing Vessels to Ensure Marine Safety (해양안전 확보를 위한 소형어선 법제도 개선에 관한 연구)

  • Song, Byung-Hwa;Lee, Kyoung-Hoon;Choi, Woon-Kuy
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.7
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    • pp.875-888
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    • 2018
  • The Government of the Republic of Korea has been continuously improving its legal system to ensure marine safety as a precaution against marine accidents. However, despite the ongoing improvement of the legal system, the number of maritime accidents has been increasing steadily, suggesting that the efficacy of the legal system is insufficient. As for recent marine accidents, small fishing vessels (less than 10 tons) account for 44.9 % of marine accidents over 5 years ('13_'17). Therefore, this study investigated the improvement status of the Korean government's legal system for small fishing vessels and the characteristics of related overseas legal systems in order to find a way to further improve marine safety for small fishing vessels. Following the results, the Korean government's laws related to small fishing vessels show a hybrid phenomenon due to the history of merging ('97) and separation ('09) of legal systems for fishing and non-fishing vessels, and it has been concluded that only improvements to construct additional facilities are being performed, and those in a fragmentary manner. In addition, overseas legal systems for small fishing vessels were confirmed to have requirements strengthening the responsibility of owners and operators of fishing vessels and introduced a self-inspection program. Based on these results, a plan is suggested to improve the efficacy of the legal system to ensuree marine safety for small Korean fishing vessels.

The Effect of Large Company's Corporate Social Responsibility on the Trust and Relationship Commitment of Supplier Company's Workers (대기업의 사회적 책임활동이 협력회사 구성원의 신뢰와 관계몰입에 미치는 영향)

  • Lee, Yang-Soo;Kim, Byeong-Seong;Kim, Hae-Ryong
    • Journal of Digital Convergence
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    • v.18 no.7
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    • pp.201-213
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    • 2020
  • The purpose of this study is to examine the effects of large company's corporate social responsibility(CSR) on trust and relationship commitment of partner companies' members. This study is different from previous studies with respect to inclusion of safety/environment responsibility as one of CSR components and inclusion of supplier company's members as one of major stakeholders in CSR. Corporate social responsibility activities, which are independent variables, are composed of four components: economic, legal, ethical, and safety/environment responsibility. The trust is composed of the dependent variables as the parameter. For the empirical analysis, data were collected from 186 members of supplier companies of 'S' large companies. The data collected were analyzed using SPSS 21.0 and AMOS 21.0 to verify the hypothetical relationship. The results of this study are as follows. First, social responsibility activities have an effect on trust and relationship commitment, and trust has a positive effect on relationship commitment. In the relationship between social responsibility activities and relationship commitment, trust was found to play a full mediating role. Based on these results, implications were discussed in terms of theory and practice, limitations were pointed out, and some research directions for future research were also proposed.

The Effect of Hospital Social Responsibility Activities on Organizational Commitment and Hospital Value and the Mediating Effect of Organizational Commitment : Focused on the Perception of Hospital Administrative Practitioners (병원의 사회적 책임활동이 조직몰입 및 병원가치에 미치는 영향과 조직몰입의 매개효과 : 병원 행정실무자들의 인식 중심으로)

  • Heo, Jong-Hun;Jang, Won-Hyuk;Kim, Jeong-Eun;Ryu, Hwang-Gun
    • The Korean Journal of Health Service Management
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    • v.11 no.2
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    • pp.29-42
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    • 2017
  • Objectives : This study aimed to identify the impact of social responsibility(CSR) activities by the hospital on the organizational commitment and value of the hospital by the internal members, to recognize the importance of staff carry out social responsibility activities effectively in the relevant departments, and use planning as a vital element or establishing a long-term hospital management strategy. Methods : Data were collected from 800 the administrative practioners of the hospitals in 200 hospitals nationwide. A structured questionnaire was used to measure the research variables using a 5-point Likert scale. The final sample consisting of 230 was analyzed using SPSS. Results : It was found that economic, legal, and charitable CSR have a statistically significant effect on organizational commitment and value of hospital Conclusions : The results suggest that hospitals should a fulfilling the obligation to abide by the norms and rules to be strictly observed, social services and charitable activities for the community are a strategy to increase the organizational commitment and hospital value in the long run. These activities should be actively pursued in a way that is sustainable and long-term so that they can improve to management performance.