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Legal regulations on telemedicine and their problems (원격의료에 대한 법적 규제와 그 문제점)

  • Hyun, Doo-youn
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.3-33
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    • 2022
  • In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

A Critical Review On the Profiles of Korean Female Labor Force: 1960-2000 (한국 여성노동력의 성격변화와 노동정책: 1960-2000)

  • Kim, Mi-Sok
    • Korea journal of population studies
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    • v.29 no.1
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    • pp.133-156
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    • 2006
  • This paper tries to explore the overall profile of Korean female labor force over the period of 1960-2000. A particular emphasis is put on portraying major over-time characteristics of female labor force, following five different political regimes--that of Park, J.H.(1960 and 1970s), of Chon D.H. (early and late 1980s), of Roh T.W. (late 1980-early 1990s), of Kim,Y.S. (early 1990-1ate 1990s), and of Kim. D. J. (late 1990-early 2000s), respectively. Discussions have centered around: 1) utilization of young single girls from rural areas during the early industrialization process of 1960-1985; 2) the beginning of married women's entry into labor market and issues of the socalled &M-curve& thesis in Korean experiences since 1990s; 3) the emergence and enlargement of non-regular workers; and 4) the launching of labor related legal measures such as the Equal Employment Act of 1988 and its successive revisions, the Maternity Leave Acts, the On-the-Job Chi1dcare Centers, and the prohibition of sexual harassments on the job setting, and so on. All in all, although it is undeniable that the Korean female labor force has experienced much progress over the period of time in terms of &equality and protection& issues, overall industrial reality we are facing with has not been so prosperous in the sense that most women workers have become the victims of industrial polarization, as time goes by.

에이전트 시스템의 개발 현황과 응용 전망

  • 이재호
    • Proceedings of the Korea Database Society Conference
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    • 1999.06a
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    • pp.35-47
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    • 1999
  • Raisin Bread Intelligent agents are ninety-nine percent computer science and one percent AI (Etzioni 1990). 에이전트의 정의 An agent is a computer system, situated in some environment, that is capable of flexible autonomous action in order to meet its design objectives (Wooldridge and Jennings 1995). ㆍsituatedness: the agent receives sensory input from its environment and can perform actions which change the environment in some way ㆍautonomy: the system is able to act without the direct intervention of humans and has control over its own actions and internal state. ㆍflexible: responsive, pro-active, social(omitted)

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ON SOME OPEN PROBLEMS OF MAHMOUDI AND RENSHAW

  • Qiao, Husheng;Wei, Chongqing
    • Bulletin of the Korean Mathematical Society
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    • v.51 no.4
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    • pp.1015-1022
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    • 2014
  • This paper continues the investigation of covers of cyclic acts over monoids. Special attention is paid to (P)-covers and strongly flat covers of cyclic acts. In 2008 Mahmoudi and Renshaw posed some open problems and we gave some examples on them in 2012. In this paper, we obtained some further results on these problems and hence gave some deeper answers to them.

Smart Contract and Dispute Resolution by Arbitration (스마트 계약과 중재에 의한 분쟁해결)

  • Han, Jong-Kyu
    • Journal of Arbitration Studies
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    • v.30 no.1
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    • pp.87-111
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    • 2020
  • Smart contracts are implemented by blockchain technology, which stores the terms of the contracts of both parties on the blockchain. In the event of an international dispute over smart contracts and blockchains, no special solution has been proposed, such as the enactment of the International Unification Act. The blockchain platform which operates smart contracts is decentralized and operates through distributed nodes around the world without central servers, making it difficult to establish jurisdiction and governing laws. As an alternative to traditional dispute-solving methods, a new mediation model-smart arbitration-is being attempted. The arbitration process is likely to be a preferred means of resolving disputes over smart contracts in practice. There are many problems, such as the fairness of the arbitration center on the selection and judgment of arbitrators, the question of securing reliability, the question of the validity of the arbitration agreement, and how much the court can be involved in the case. Preparations at the national level, such as fostering blockchains and smart contract experts, and overhauling the legal system, are needed.

An Art of Arbitration:Dispute Resolutions in Shakespeare's The Merchant of Venice

  • Yeon, Jeom-Suk
    • International Commerce and Information Review
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    • v.7 no.4
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    • pp.457-466
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    • 2005
  • The main narrative of Shakespeare's The Merchant of Venice deals with a dispute over the matter of bond in regard to moneylending, and its consequences upon the eventual default. Only the clever interference of a lawyer or judge brings the crisis to an end. In solving his dispute over the bond between Antonio, the merchant of Venice, and Shylock, the money lender and a Jew, Shakespeare offers one of the most famous trial scenes in literature. This trial scene presents the art of arbitration by Portia who was disguised as a Doctor of Law and sheds light on the nature of law, justice, equity, and divine law. What one cannot overlook in this trial scene is the importance of reading ability. After all, interpretation is the next stage of reading. Drawing just verdicts and wise arbitration while at the same time deconstructing the implicit violence and incongruity in law is based on ceaseless effort of analytic and creative act of reading.

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충북지역 폐금속광산 주변 토양오염도 평가

  • Jeong Myeong-Chae;Gang Man-Hui;Ji Han-Gu;Hwang Beom-Sun;Park Jeong-Gu;Jeong Hyeon-Seok
    • Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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    • 2005.04a
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    • pp.24-27
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    • 2005
  • This study has focused on investigation on As and heavy metal contamination derived from metalliferous mining activities in the Choongbuk Province in Korea. Soil, mine effluent, surface water and ground water samples were taken in and around 27 abandoned metal mines, and analyzed for As, Cd, Cu, Ni, Pb and Zn using AAS and anions in water samples using IC. In general, the heavy metal concentrations in soils decreased with Increasing distance from the each mine audit. Tailings and mine waste soils from several mines contained over the guideline of Soil Conservation Act in Korea. Soil samples from the Seobo, Honga, Daehwa, Jeungjadong, Youngbo and Munbaek mines contained over the action levels of the metals due to intensive mining activities. Therefore, a proper remediation work needs to control the metal dispersion around the mines.

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Simple Modeling for Laser Scribing (레이저 화선의 모델링)

  • Chung, Chulsup
    • Proceedings of the Computational Structural Engineering Institute Conference
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    • 2002.10a
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    • pp.94-103
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    • 2002
  • Accurately controlling the shape of the read/write head structure is critical in the performance of a modern hard disk drive. The sliders investigated are composed of alumina and titanium carbide (AlTiC) and act as an air bearing when passing over the disks. Controlling the curvature of the slider is of primary importance. A laser scribing system that produces curvature by Inducing residual stress into the slider can be utilized. Predicting the curvature created by a pattern of scribes is of great importance to increase the control over the sliders' shape. Using finite element analysis a force system that produces stresses similar to the laser scribing is applied. The curvatures created by the force system are calibrated to experimental measurements.

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A Study on the Application of the New York Convention in the Recognition and Enforcement of ISDS Arbitral Awards (투자협정중재에 의한 중재판정의 승인·집행에 대한 뉴욕협약 적용에 관한 고찰)

  • Kang, Soo Mi
    • Journal of Arbitration Studies
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    • v.29 no.1
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    • pp.31-52
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    • 2019
  • As international transactions have grown more numerous, situations of disputes related to the transactions are getting more complicated and more diverse. Cost-effective remedies to settle the disputes through traditional methods such as adjudications of a court will be insufficient. There fore, nations are attempting to more efficiently solve investor-state disputes through arbitration under organizations such as the ICSID Convention, the ICSID Additionary Facility Rules, and the UNCITRAL Arbitration Rules by including the provisions on investor-state dispute settlement at the conclusion of an investment agreement. In case of an arbitration under the ICSID Convention, ICSID directly exercises the supervisorial function on arbitral proceedings, and there is no room for the intervention of national courts. In time of the arbitration where the ICSID Convention does not apply, however, the courts have to facilitate the arbitral proceedings. When the recognition and enforcement of an arbitral award under the ICSID Convention are guaranteed by the Convention, it should be considered that the New York Convention does not apply to them under the Convention Article 7 (1) fore-end. In exceptional cases in which an arbitral award under the ICSID Convention cannot be recognized or enforced by the Convention, the New York Convention applies to the recognition and enforcement because the award is not a domestic award of the country in which the recognition or enforcement is sought. It is up to an interpretation of the New York Convention whether the New York Convention applies to ISDS arbitral awards not based on the ICSID Convention or not. Although an act of the host country is about sovereign activities, a host country and the country an investor is in concurring to the investment agreement with the ISDS provisions is considered a surrender of sovereignty immunity, and it will not suffice to exclude the investment disputes from the scope of application of the New York Convention. If the party to the investment agreement has declared commercial reservation at its accession into the New York Convention, it should be viewed that the Convention applies to the recognition and enforcement of the ISDS awards to settle the disputes over an investitive act, inasmuch as the act will be considered as a commercial transaction. When the recognition and enforcement of an arbitral award on investment disputes about a nation's sovereign act have been sought in Korea and Korea has been designated the place of the investment agreement arbitration as a third country, it should be reviewed whether the disputes receive arbitrability under the Korean Arbitration Act or not.

Survey on animal welfare problems in Australian exporting live animals (호주산 수출 생축 동물복지에 관한 조사)

  • Jang Seong-Jun
    • Korean Journal of Veterinary Service
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    • v.29 no.2
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    • pp.129-154
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    • 2006
  • Last year, over 800 Australian live cattle were imported, underwent quarantine procedure for one month in the port of Incheon and Busan and distributed to general farm house holds in Gyeongju city, Gyeongbuk province, and Gimhae city, Namhae county, Gyeongnam province. But Hanwoo association took violent actions to prevent from entering the country for fear that the imported live cattle would destroy the 'Hanwoo industry', and in turn leads to the collapse of the industry. In Australia, national animal protection body 'Animals Australia' investigated the level of cruelty involved in this trade and made a report 'The death file'. Australia governments drive to expand Its market for 'live animal exports' and it has resulted in a corresponding increase In casualties associated with the long-haul overseas trade in live livestock animals over the past years. After the stress of transportation, all the surviving cattle and sheep face death on foreign soil, many into countries which have no animal welfare laws or, at best, inadequate laws. They will usually be killed without pre-stunning and often even without adequate restraint facilities. The result is inherent and persistent suffering. West Australian(WA) Police acting on behalf of the West Australian Government and the Office of the WA State Solicitor have laid animal cruelty charges against a leading WA live export company for breaching the WA Animal Welfare Act. With the aim of eventually substituting it for the live sheep trade, the Senate Select Committee on Animal Welfare (SCCAW) recommended that the Federal Government 'promote and encourage the expansion of the refrigerated sheep meat trade to the Middle East and other countries'. Animal welfare standards have been improved time after time, there is another incident, another public outcry, another inquiry and more assurances.