• Title/Summary/Keyword: legal scope

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A Study on the Legal Concept and the Scope of Public Records (공공기록의 개념 및 범위에 관한 논의)

  • Kyungnam Lee
    • Journal of the Korean Society for information Management
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    • v.40 no.1
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    • pp.95-119
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    • 2023
  • Public institutions defining the legal scope of records management are a prerequisite to ensure the accountability and public's right to know. In this study, the requirements essential for determining the legal scope of the concept of public records were identified. For this, the concept of policies and the scope of public records which were prescribed by current laws such as the Public Records Management Act, Electronic Government Act, and Framework Act on Electronic Documents and Transactions were analyzed by this study. Furthermore, by examining both domestic and foreign cases on the legal competence of evidence of digitized records, institutional supplementary points were proposed.

Dental hygiene students' awareness of their legal scope and petition for medical personnel (치과위생사의 법적업무범위와 의료인화에 대한 치위생학 전공 학생들의 인식)

  • Kim, Myoung-Hee;Lim, Youn-Hee;Lee, Kyung Ae;Kim, Su Jin;Kim, Yun Ji
    • Journal of Korean Academy of Dental Administration
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    • v.6 no.1
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    • pp.36-42
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    • 2018
  • This study aimed to assess dental hygiene students' and other medical personnel's knowledge of dental hygienists' legal responsibilities. A self-reported questionnaire was conducted for 2 weeks from March 25 to April 9, 2017. One of the main questions focused on the legal scope of practice for dental hygienists according to current medical technicians. A total of 298 subjects' responses were analyzed. We found that 62.1% of the respondents were aware of dental hygienists' legal responsibilities. Of the dental hygiene students surveyed, 93.6% replied that they were aware of other medical personnel's expectations. Responses to 12 legal questions were shown to have different distributions depending upon the level of dental hygienist education. Overall, knowledge of dental hygienist legal responsibilities was more comprehensive for senior students in each legal topic. However, few students (1.7%) answered all 12 legal questions correctly. In conclusion, dental hygiene students' awareness of their profession's legal scope should be improved. In addition, the Korean Dental Hygienists Association needs to more actively promote understanding of the profession's legal scope as well as of medical personnel's expectations of dental hygienists' legal roles.

A Legal Study on the Present Situation of Sports Arbitration and Suggestions on the Construction of a Sports Arbitration System in China - A Comparative Analysis of England Legal System - (중국 스포츠중재법의 현황과 제도개선 방안 - 영국 중재제도와의 비교 고찰을 중심으로 -)

  • Kim, Jong-Woo
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.133-157
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    • 2014
  • To confirm the division of the scope of sports arbitration, the English sports arbitration system will be analyzed as well as the scope of the regulations of the international sports arbitration court. If these forms of sport arbitration are combined with the existing China legal system and sports systems, they will effectively deal with the procedures of sports arbitration and of their linked programs, and clarify the nature of sports arbitration. With regard to the judicial supervision mode, domestic scholars have two theoretical perspectives, "comprehensive supervision theory" and "program supervision theory". Based on analyzing the above theories, the author believes that the opposition between the two is not absolute, as both can reach agreement on the important issue of whether to conduct substantive court examination or not under the premise of party autonomy.

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Patent Scope - Legal and Economic Foundations with Policy Implications - (특허범위 - 법적.경제적 이론과 정책적 함의 -)

  • 한윤환;유평일
    • Journal of Technology Innovation
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    • v.7 no.1
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    • pp.187-205
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    • 1999
  • Traditional analyses of patent system have considered innovations in isolation and precluded the technological interrelationships between innovations. Common feature of cumulativeness during the process of technological change, however, brings the scope of patent protection into the major policy concern and currently occupies the central position in recent patent reform controversy. This study surveys the recent developments in the economic analysis of patent scope with corresponding introduction to the legal perspectives regarding patent scope. Although the issue of patent scope is complex in nature and depends crucially upon technological environment and the nature of innovations, this study can enlarge the understanding of the pros and cons of patent scope policy, which will become increasingly disputable in the forth-coming era of specialized patent court in Korea.

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A study on the dental hygienists' legal scope of clinical practice (치과위생사의 안전한 법적 업무범위 확보를 위한 연구)

  • Jeong, Ju-Hui;Mun, So-Jung;Bae, Sung-Suk;Kim, Seon-Kyeong;Noh, Hie-Jin
    • Journal of Korean society of Dental Hygiene
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    • v.19 no.2
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    • pp.207-219
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    • 2019
  • Objectives: This study investigates the dental hygienist's main duties in clinical dental practice and examine whether dental hygienists can safely perform each duty by referring to the educational contents of dental hygiene departments and national examinations of dental hygienists. Methods: A questionnaire on the main duties of dental hygienists was administered to 477 clinical dental hygienists working at dental clinics and hospitals, general dental hospitals, and university dental hospitals in Seoul, Gyeonggi-do, and Incheon. We divide the dental hygienists' clinical dental hygiene practice and clinical dental assist and analyze the legal scope of practice, university educational contents, and national examination contents. Statistical analysis was performed through frequency analysis, and multi-frequency data were analyzed using Excel 2013. Results: All 48 items (except 2 items of 29 dental hygiene practice and 21 assist practice items) surveyed were covered in the National Examination for Dental Hygienists and included in the Dental Hygiene Education Learning Objective. The multi-frequency clinical dental practice of eight items of clinical dental hygiene practice and two assist practice items were within the legal scope of the dental hygienist's role. Conclusions: Further discussions are needed to redefine the legal scope of the role of the dental hygienist.

Study of Legal Issues on Complex Regional Pain Syndrome (CRPS) - Focusing on issues in damage compensation lawsuit - (복합부위통증증후군(CRPS)에 관한 법적 문제 고찰 - 손해배상소송의 쟁점을 중심으로 -)

  • Bae, Hyun-Mo
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.91-116
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    • 2010
  • As Complex Regional Pain Syndrome (CRPS) is a new and rare illness, medical cause for it has not yet been clearly found out. Nevertheless, the patients continue to file lawsuits for damage compensation against wrongdoers or their insurers, claiming that the cause of the illness is certain actions of the wrongdoers. Moreover, the claim amount reaches to hundreds of millions of won through billions of won unlike other illnesses. Therefore, CRPS has become an important legal issue in the damage compensation lawsuit. Even though the wound is slight, the development and result may be serious in the case of CRPS. As a result, a sharp conflict arises even regarding medical diagnosis of CRPS in the lawsuit. And, even if the medical diagnosis of CRPS is admitted, severe debates occurs with regard to many issues, which include the causation between accident and CRPS in connection with establishment of damage compensation liability and scope of liability like anamnesis, determination standard of aftereffect disability, and scope of admitted aftereffect medical expense in connection with scope of damage compensation. In this study, I will review fundamental medical research on CRPS up to now and discuss principal legal issues in the damage compensation lawsuit focusing on lower court rulings.

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A qualitative research on the dentists' perception of scope of practice of dental hygienists (치과의사의 인식에 중점을 둔 치과위생사의 업무 범위에 관한 질적 연구)

  • Moon, Sang-Eun;Hong, Sun-Hwa;Lee, Bo-Ram;Kim, Na-Yeon
    • Journal of Korean society of Dental Hygiene
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    • v.21 no.6
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    • pp.685-693
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    • 2021
  • Objectives: The purpose of this study was to identify dentists' perception of work performance and scope of work of dental hygienists. Methods: A phenomenological research method was applied for the proper role performance on March 1st, 2021 and June 10th to investigation eight dentists running their own dental clinics located in Gwangju and Daejeon metropolitan city. Results: The legal scope of dental hygienists has not been properly recognized. Conflicts have been experienced due to problems between dental hygienists and staff and their differences in knowledge or proficiency in their work. The performance of dental hygienists has been evaluated based on the size of the dental clinic's profit. Reviews and improvements in dental hygienists' scope of work and new business regulations are required. Conclusions: Consequently, it is recommended that the dental business industry carry out directional discussions and negotiations to review dental hygienists' scope of practice and bring improvements so that their work can be, in the end, be stably performed within the legal system.

Comparative Legal Study of Workplace Thermal Environment Management Legislation (작업장 온열환경 관리 법제의 비교법적 고찰)

  • Saemi Shin;Hea Min Lee;Nosung Ki;Sang-Hoon Byeon;SunghoKim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.33 no.4
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    • pp.485-501
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    • 2023
  • Objectives: The Ministry of Employment and Labor has revised the articles regarding management of the thermal environment in the workplace. Currently, two types of regulations exist together with indoor workplaces as the scope of application. It appears that the time has come to discuss regulations. In this study, we aim to identify the feasibility of and problems with the current system through a comparative legal review of workplace thermal environment management laws from around the world. We suggest directions for improving South Korea's workplace thermal environment management laws. Methods: For the several selected countries, we analyzed the classification and content of obligations stipulated for the thermal environment, the presence or absence of specific measures for thermal environment management, legal status and content, and the scope of application of thermal environment provisions and measures. The investigated content was classified according to Zweigelt-Kotz's legal theory. Results: In some countries, employers' obligations for regulating the thermal environment are broadly divided into two types: results and actions. The scope of application of provisions and measures on the thermal environment was extensive, with most of the selected countries targeting general workplaces. Conclusions: In the case of South Korea, restricting and classifying target workplaces and imposing separate obligations to manage a workplace thermal environment goes against global practices, and stipulating legal orders and separate action obligations in guidelines does not conform to the characteristics of South Korea's legal system, meaning that improvement is needed.

A Basic Study for the Legal Definition of Cultural Property Terminology related to the Architecture (건축 문화재 용어의 법제도적 개념 정의를 위한 기초 연구)

  • Joo, Sang-Hun
    • Journal of architectural history
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    • v.27 no.5
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    • pp.27-38
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    • 2018
  • The purpose of this study is to identify the legal definition and usage of cultural property term related to the architecture within the cultural property-related legal system and general legal system, and to present proper terminology and specific concepts that can be used for the architecture as cultural properties. In the current cultural property legislative system, terms about the architecture are diverse and obscure, and the definition of each term is different from the concept in the general legal system. In this context, this study presented the terminology of 'the architectural heritage' as 'a cultural property by construction act' to cover whole cultural properties related to Korean architecture. And the conceptual scope of the architectural heritage is divided into the technology and the performer related to the act, the record and the building related to the product. and Each concept needs to be specifically tailored to its object and scope. Systematic definition of terms for cultural properties related the architecture can positively influence systematization of cultural property preservation and management as well as empirical research and education on Korean architecture.

A qualitative research on work scope in dental healthcare hygienists (치과병·의원에 근무하는 치과위생사의 업무 범위에 대한 질적 연구)

  • Moon, Sang-Eun;Hong, Sun-Hwa;Kim, Na-Yeon
    • Journal of Korean society of Dental Hygiene
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    • v.19 no.6
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    • pp.907-918
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    • 2019
  • Objectives: This qualitative research was conducted to clearly find and clinically understand dental hygienists' work experience in order to lay the legal foundation for their work range and safe execution. Methods: From March 1 to April 30, 2019, seven study participants were selected and participated in-depth interviews. Phenomenological research methodology was applied for intensive analysis. Results: They performed jobs that required no professionalism, such as dental assistance, except for scaling. Dental hygienists, nurses' aids, and dental technicians performed the same jobs regardless of difficulty level and legal work range. Dental hygienists failed to accurately recognize their legal work range. Since there was the wide gap between their legal work range and actual work range, it was necessary to expand the work range in line with actual conditions. Conclusions: Given the results, it is necessary to conduct in-depth discussions within the dental circle to make dental hygienists' work execution in line with reality by improving and discussing a legal system for job assignment and expansion of workers. Therefore, it is required to form a plan for the many jobs dental hygienists executed in a clinical setting.