• Title/Summary/Keyword: misconduct

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A Study on Proximate Cause Doctrine and Excluded Losses in Marine Insurance (해상보험에 있어서 근인주의와 보상되지 않는 손해에 관한 고찰)

  • 임종길
    • Journal of the Korean Institute of Navigation
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    • v.18 no.3
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    • pp.51-79
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    • 1994
  • Section 55 (1) of the Marine Insurance Act 1906 states that the insurer is liable for any loss proximately caused by a peril insured against but is not liable for any loss not proximately caused by a peril insured against. It is, therefore, essential to determine whether it is to be recoverable under the Marine Insurance Policy attaching the Institute Cargo or Hull Clauses. But a number of important losses are excluded from the policy by subsection 2 of the same section, unless the policy otherwise provides, although these losses are proximate causes of them. The purpose of this study is to investigate the meaning of proximate cause and excluded losses in the Act. The method of this study is a literature survey. In summary, (1) if the loss is considered to have been proximately caused by a certain peril, and the peril is insured against, the claim is recoverable, (2) if there are different causes resulting in separate losses, the claims recoverable will be those due to insured perils, (3) when the effective cause of the loss is established, remote causes can be ignored, (4) when causes of loss are combined, the claim is recovera-ble if the cause which is proximate in efficiency is an insured peril, (5) if there are two causes, equal in efficiency, the loss is recoverable if one of the causes is an insured peril, but always providing the other cause is merely an uninsured peril rather than a specific exclusion, (6) although certain losses are exclu-ded by section 55 (2) of the Act, with the exception of wilful misconduct of the insured, it is permitted for provision to be made in the policy to widen the terms to include such losses.

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A Study on the Type of Violations of Medical Law Regulations Which Restrict Opening a Medical (의료법상 의료기관 개설제한의 위반유형에 관한 연구)

  • Kim, Joon Rae
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.345-366
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    • 2014
  • Because the health care or medical sector has such characteristics as publicity, professionality, and exclusivity, it cannot be left to the free market system. As a consequence, the state has restricted the establishment of medical institutions in order to protect the life and health of people. Also, the medical law has regulated to permit the establishment of medical institutions by only medical personnel and a few corporate bodies and to ban the establishment of medical institutions under disguised ownership as well as double opening of medical institutions by medical personnel. Nevertheless, there are still many cases that non-medical personnel have dominantly established medical institutions under disguised ownership of other medical personnel or nonprofit corporation. Because they are willing to recover their investment costs as soon as possible, these illegally established medical institutions are likely to make patients undergo unnecessary tests or to perform the excessive treatments and, as a result, are likely to cause infringement on the health and lives of the people. In addition, even if the misconduct is uncovered, the rate at which the costs already paid is very low and, as a result, the damages are straightly connected to the people's loss. On the other hand, there are also increasing number of cases that medical personnel or nonprofit corporations are establishing medical institutions against the medical law regulations. The examples of this illegality are also the double opening of medical institutions and the establishment of medical institutions under disguised ownership by medical personnel or nonprofit corporations. And the damages in these cases may not differ from those in the above cases. In this study, regarding medical law regulations restricting opening a medical institution, I will review the intent of those regulations, the type of violations and criminal punishments, and the possibility of recovery from unlawful profit by the National Health Insurance Act. And then, I would like to find a way for rational improvement of each.

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The Factors Affecting Intention of Continuing and Stopping Boycotts: Focused on the Multi-Group Analysis by Participation Duration and Intensity (불매운동 지속의도 및 중단의도에 영향을 미치는 요인: 참여기간 및 강도에 따른 다중집단분석을 중심으로)

  • An, Jin-A
    • Journal of Digital Convergence
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    • v.18 no.4
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    • pp.163-176
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    • 2020
  • The strong demand for corporate social responsibility has led to growing consumer boycotts of corporate misconduct. Although there are differences over the legality of the boycott, it is important to develop the boycott in an effective and correct way because of its positive effects in terms of consumer rights and society. This study identified the factors and their influences on the intention of continuing and stopping boycotts when the boycott was becoming popular. In addition, in accordance with the duration(low/high) and intensity(low/high) of consumer boycott participation, the relative influence of antecedent factors on the continuous and discontinuous intention of boycotts was examined. A total of 272 questionnaires were collected from consumers currently participating in the boycott and analyzed. The analysis showed that the preceding factors had discriminatory effects on the intention of continuing and stopping the boycott, and the effects of the preceding factors on the intention of continuing and stopping the boycott were different depending on the duration and intensity of the boycott. Based on the research results, this study suggested implications, limitations, and future research directions.

Development of Techer's Rating Scale of Elementary School Student's School Maladjustment (초등학생을 위한 학교부적응 척도 개발 및 타당화)

  • Jung, Jung-Soo;Oh, Ik-Soo
    • The Korean Journal of Elementary Counseling
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    • v.9 no.2
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    • pp.163-173
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    • 2010
  • This study was designed to develop a teacher's rating scale of elementary school student's school maladjustment. 50 behavior were drawn as elementary school student's school maladjustment behavior from the responses of elementary school teachers. To identify sub-factors of the scale, 60 teachers rated their 240 student's behavior and the collected data were analyzed by using factor analysis. 4 sub-factors were identified as the result : aggressive selfish behavior, misconduct of lesson and classroom rules, passive unsociable behavior and positive evasion of school activities. To identify the validity of the scale, the data from 120 students were analyzed through the concurrent validity between the scale and the teacher rating scale of school maladjustment for Student Problem Behavior Checklist for Elementary School students(Kim & Hwang, 2009). To examine the reliability of the scale, test-retest correlations were calculated by using the data from 120 students and internal consistency coefficients were calculated by using the data from 120 students. The results showed that Teacher's rating Scale of Elementary School Student's School Maladjustment was valid and reliable.

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A Study on the Effects of Student Pilot Stress on Psychological Health (학생 조종사의 스트레스가 심리적 건강에 미치는 영향에 관한 연구)

  • Kim, Geun-Su;Kim, Ha-Young
    • Journal of Convergence for Information Technology
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    • v.9 no.10
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    • pp.203-212
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    • 2019
  • The purpose of this study was to identify the effects of stress factors of student pilots on mental health, and to reduce the safe and efficient misconduct education and psychological disharmony by identifying the psychological buffering role of stress coping style and social support. In order to achieve the research purpose, a research model and hypothesis were presented based on previous studies, and regression analysis and mediation effect verification were conducted through a questionnaire survey of 202 student pilots. As a result of the analysis, factors such as flight stress, values stress, professor stress, and friend relationship stress have been shown to affect emotional conditions or psychological well-being. Also we found that the parameters of disengagement coping, family/friend support and organization Support had a mediating effect on the factors between student pilot stress and psychological health. Therefore, student pilots need to manage problems and negative emotions that may cause from flight training, value distractions, professor and friendships' relationship and it is suggested that organization support for training and safety related to emotional support and delinquency of family and friends.

An Analysis of the Value and Characteristics of Research Records from an Archives and Records Management Perspective (기록관리 관점에서 본 연구기록물의 가치와 특성 분석)

  • Koo, Chan Mi;Kim, Soon-Hee
    • Journal of Korean Society of Archives and Records Management
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    • v.17 no.3
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    • pp.49-70
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    • 2017
  • This study, as the basic research for making research records management policies, aims to define research records and analyze the value and characteristics of research records from an archives and records management perspective. For these purposes, this study defines research records and their types by reviewing related studies. In addition, this study analyzed the following research records values: (1) evidence of research integrity and accountability with regard to research misconduct; (2) information for a succeeding study and an honorable failure; and (3) an asset for intellectual property rights and technology transfer. Finally, this study extracted the following characteristics of the research records: (1) each type of documents, data, and materials; (2) the archival bond between program and records; and (3) the continuity of production and use of the records. The findings from this analysis could be considered in revising related laws and policies.

A New Offline Check System with Spendable Refunds (남은 금액을 재사용할 수 있는 오프라인 전자수표시스템)

  • 김상진;오희국
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.11 no.6
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    • pp.27-40
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    • 2001
  • In an offline system, the bank does not participate in payments. As a result, it is difficult to make the refund spendable. Due to this, current offline systems do not provide spendable refunds. In these systems, a check consists of two parts: a spendable part and a refund part. A client uses the spendable part during the payment phase, and uses the refund part to get the refund for the remainder of the check. Therefore, a client cannot reuse the remaining and must always refund it. Moreover, the relationship between the spent amount and the refund amount can be used to guess which check the client used when the client refunds the remaining. To remedy these problems, we propose a new offline system which allow clients to reuse the remaining values of the check. This system provides unlinkability of the payments made by using a single check. It also provides mechanisms to detect and identify clients who perform misconduct such as double spending and over spending. The required overall computational cost to withdraw, spend and refund a check in our system is lower than using several checks in other offline systems.

Policy Recommendations for Domestic Internal Control System through the Analysis of the U.S. Government Agency Inspector General System (미국 정부기관 감찰관 제도 분석을 통한 국내 내부통제시스템에의 정책적 제언)

  • KiYeung Kim;Eunsun Choi;Namje Park
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.4
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    • pp.509-515
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    • 2023
  • As the trend towards expanding the functions of modern governments continues, there are also problems such as misconduct and waste that arise as government activities and operations increase. To solve these issues, countries are establishing and developing internal control mechanisms. In this process, the U.S. Inspector General system has been operating for over 40 years with the aim of balancing and overseeing the government and the legislature. Accordingly, this study analyzed in detail the development process of the inspector system, one of the internal control systems promoted by U.S. government agencies, the formation of an inspector community, and the deployment, cooperation, and supervision of inspectors. As a result, the internal control system of domestic government agencies also needs to continue research so that the government and parliament can maintain close relations and introduce the inspector system according to the domestic situation.

Policy measures to improve the efficiency of the supervisory system for Regulatory Agencies (감찰 감사조직에 대한 감독제도 효율화 정책방안)

  • Kiyeung Kim;Namje Park
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.5
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    • pp.721-727
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    • 2023
  • To prevent corruption, waste, and abuse in national governance, audit agencies are established and granted significant authority and responsibilities, including ensuring their independence. However, questions have been raised about who oversees these agencies and addresses issues or misconduct that may arise within them. In the United States, to address this oversight concern, the Inspector General Act was enacted, creating an audit community called the Inspector General Community. This community comprises various audit agencies and promotes compliance with standards and investigates potential wrongdoing by audit personnel. It fosters a culture of independence and collaboration among diverse stakeholders, such as Congress, the President, the Government Accountability Office, and agency leadership. In light of this successful approach in the United States, this research seeks to study and apply similar oversight mechanisms to audit agencies in South Korea. There is a need to develop the relationship between oversight bodies and parliament in terms of improving the efficiency and effectiveness of government operations. Accordingly, this paper studies this American case and presents efficient policy measures for the supervisory system to be applied to Korea's audit organizations. It aims to identify policy insights for effective supervision, ensuring independence, and fostering a collaborative culture within our audit institutions. Therefore, domestic interest and research on this matter are essential to enhance our audit mechanisms and achieve efficient governance.

A Study on the Effects of the Behavior Problems for the Demented Elderly upon the Stress among Family members (치매 노인의 문제행동이 가족스트레스에 미치는 영향)

  • 마정수;김초강
    • Korean Journal of Health Education and Promotion
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    • v.12 no.1
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    • pp.83-110
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    • 1995
  • The purpose of this study was to investigate the status of the problematic behavior for the demented elderly and the stress among family members, and the effects of the problematic behavior upon the stress in order to offer the basic data for the adult and the elderly health education about dementia. For this purpose, 70 families who were resident in Seoul and Inchon were surveyed by quetionnaires. This was carried out from 26 July, 1994 to 11 September, 1994. Datum was analysed by using SPSS\PC+ including percentage, mean, t - test, ANOVA, Pearson correlation. So, the results of this study were as follows: 1. In view of socia-demographic characteristics, female were 82.9%, and of the female daughters-in-law of the demented elderly were 44.9%. 40th years old were 32.9% and 88.6% wase married. The christian were 34.8%, those who graduated university 47.1%, and those who had a job 32.9%. 2. Of the demented elderly, female were 74.3%, 80 years old were 37.1%, and their average age was seventy-seven point one years old. 66.2% of the elderly has been lived alone and the christian were 27.5%. In addition, those who graduated elementary school were 66.5%. 3. Of the behavior problem for the demented elderly, Activities of the Daily Living(ADL) was the most severe problem. The 2nd was cognitive function problem, the 3th, change of personality, the 4th, emotional disturbance, and the last, misconduct behavior. 4. For the status of behavior problems, females were more severe than male, and 80th years elderly ware the most severe groups. The longer disease period was, the severe problematic behaviors were, and in 4-6 years of the disease period the status was the highest(p<0.05). Those who diagnosed the disease had more severe problems(p<0.001). 5. The orders of the stress among family members caring for the demented elderly in this study were as follows : 1. The deficiency of supporting network 2. Decrease of elderly's cognitive activities 3. Assistance of BADL(Basic Activities of Daily Living) 6. Elderly's abnormal behavior 5. Assistance of IADL(Instrumental Activities of Daily Living), 6. As for the status of the stress among family members, female respondants were higher than male. On the ages, 20th years' stress score were the highest. Daughters-in-law were stressed more than other family members. The longer the time of caring per day was, the highest the status of the stress(p<0.05), 7. Those who caring for female elderly and more than 80 years had more stressed. When the elderly was received the diagnosis, the family members were more stressed. On the disease period, 1-2 years was the highest and after 2 years the status of the stress was decreased and more than 6 years was the lowest(p<0.05). 8. Behavior problems of the demented elderly were closely associated to the stress for family members. Of the problems, change of personality was the most related factor(r = 0.6552). The factors of Basic Activities of the Daily Living(BADL) was most correlated on assistance of Basic Activities of Daily Living (BADL), emotional disturbance the assistance of IADL(Instrumental Activities of Daily Living). Change of personality was most related to the stress of the decrease of cognitive activities and elderly's abnormal behavior. The deficiency of supporting network was most related to misconduct behavior.

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