• Title/Summary/Keyword: positive 규제

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A Legal Review on Abuse Cases of Virtual Currency and Legal Responses (가상화폐의 악용사례와 법적 대응방안에 관한 고찰)

  • Hwang, Suk-Jin
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.2
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    • pp.585-594
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    • 2018
  • Virtual currencies have emerged along with new technologies such as block chain, artificial intelligence (AI), and big data. This study examines the benefits of a security-enhanced block chain resulting from individual trading, decentralized from governments, as well as the problems associated with misuse of virtual currencies. Virtual currencies, due to its anonymity, is vulnerable to financial crimes, such as ransom-ware, fraud, drug trafficking, tax evasion and money laundering. Use of virtual currencies can facilitate criminals avoid detection from investigative agencies. Government regulatory policy continues to address these concerns, and the virtual currency exchange has also announced a self-regulation proposal. However, a fundamental solution remains necessary. The purpose of this paper is to investigate the problems regarding abuse of virtual currency and to identify a practical system for transactions involving virtual currencies. However, in order to promote transactions involving virtual currencies and to institutionalize a governance system, multilateral cooperation is required. Although the restricting the use of virtual currencies regarding minors and foreign trade, as well as the introduction of a real-name system are considered promising prospects, many problems remain. Virtual currency is not a simple digital item but a method of redesigning the function of money. Coordinated efforts are needed globally to be able to further activate the positive aspects concerning the use of virtual currencies.

The Working Conditions for Care Workers and Care Quality in Long-Term Care Services (노인장기요양보험제도에서 요양보호사의 근로조건이 서비스 질에 미치는 효과에 관한 연구)

  • Kwon, Hyun Jung;Hong, Kyung Zoon
    • Korean Journal of Social Welfare
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    • v.69 no.1
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    • pp.33-57
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    • 2017
  • This study examines the effect of working conditions for care workers on the care quality in long-term care facilities, particularly the coexisting perspective on publicness and the marketization of Long-term care services in South Korea brings about. Prior studies have not identified a causal relationship between working conditions and the care quality, only explained cause of a low-wage labor market and low productivity of social services. Theoretical relevance of working conditions and service quality on Long-term care in Korea is to view from a integrated care model by Daly and Lewis(2002). A nonproportional stratified sampling procedure was used to consider Long-term care facility's ownership. A merged dataset combining surveys from 248 Long-Term Care facilities and online resources from NHIC administrative was used and analyzed by multiple regression. The analysis results is showed as follows. Overall, organizations with better working conditions, having higher wage, having greater a fringe benefit, being skills development and training are likely to have good care quality in each area. This research shows that the working conditions, rewards and support to care workers of organizational culture in the normative dimension beyond the minimum standard on labor market policy and evaluation system by government regulations have a positive impact on Long-term care quality.

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Protection of Diversity through the Control of the Delimitation of the Audience Share in German Television (독일에서의 시청점유율제한을 통한 다양성 보호 연구)

  • Shim, Young-Sub
    • Korean journal of communication and information
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    • v.51
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    • pp.117-135
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    • 2010
  • The regulation of media concentration which is provided in the German Interstate Treaty on Broadcasting (RStV) is part of the rules forming the "positive broadcasting order" required by German Constitutional Law. This control ensures that the diversity of viewpoints can be articulated to the public. Broadcasting must operate independently from the state and from particular social groups if it is to be a genuine service to the public. One risk of economic competition in the media is a tendency towards the concentration of business enterprises. Moreover, economic competition is no guarantee for journalistic diversity. The aim of balanced diversity in the broadcasting sector can only be pursued by creating conditions under which different voices obtain the chance to be heard in an equitable manner. Within the framework of the meaning of section 26, it shall be assumed that there is a predominant impact on public opinion if the programs attributable to one company reach an annual audience share of 30 percent. The same shall apply if the company reaches an audience share of 25 percent and holds a dominant position in a related media-market or an overall assessment of its activities in television. The restriction of audience shares has limits such as that the audience shares of news programs and education and entertainment programs are pooled. Therefore, there is a vagueness about the productivity of different program branches.

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Micro Enterprise Policy to Reduce Trade Conflict Due to SSM Enter Restriction : An Empirical Analysis on the Determinants of Micro Enterprise Organization (SSM 진출규제에 따른 국제통상마찰 완화를 위한 소상공인 정책방향 : 소상공인 조직화 결정요인 실증분석)

  • Jun, In-Woo;Moon, Sun-Ung
    • International Commerce and Information Review
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    • v.13 no.1
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    • pp.245-270
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    • 2011
  • It is known that weak competitiveness of micro enterprises can be overcome when they are organized with enterprise associations, franchise systems, and joint affiliation. In this paper, we empirically analyze the determinants of organization of micro enterprises, and propose the policy implementations to enhance the competitiveness of micro enterprises as a measure to reduce trade conflict due to SSM entry restrictions. Logit estimation results based on survey data consisted of 467 samples, show that insufficient labor force and high material costs had negative effects on organization. The unexpected findings generally support the rationale that organization is not helpful to solve insufficient labor force and high material costs. However, the decrease in sales due to the economic recession and the decreasing number of customers due to customer transition to large enterprises had a more positive effect on organization than usually expected. There are differences in estimation results between two types of business(restaurants and retail). In case of the restaurant business, insufficient labor force, high material costs and a decreasing of number of customers are important factors for organization, while the sales decrease is a relatively important factor in the case of retail businesses.

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A Study on the Policy Trends for the Revitalization of Medical Big Data Industry (의료 빅데이터 산업 활성화를 위한 정책 동향 고찰)

  • Kim, Hyejin;Yi, Myongho
    • Journal of Digital Convergence
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    • v.18 no.4
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    • pp.325-340
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    • 2020
  • Today's rapidly developing health technology is accumulating vast amounts of data through medical devices based on the Internet of Things in addition to data generated in hospitals. The collected data is a raw material that can create a variety of values, but our society lacks legal and institutional mechanisms to support medical Big Data. Therefore, in this study, we looked at four major factors that hinder the use of medical Big Data to find ways to enhance use of the Big Data based healthcare industry, and also derived implications for expanding domestic medical Big Data by identifying foreign policies and technological trends. As a result of the study, it was concluded that it is necessary to improve the regulatory system that satisfies the security and usability of healthcare Big Data as well as establish Big Data governance. For this, it is proposed to refer to the Big Data De-identification Guidelines adopted by the United States and the United Kingdom to reorganize the regulatory system. In the future, it is expected that it will be necessary to have a study that has measures of the conclusions and implications of this study and to supplement the institutional needs to play a positive role in the use of medical Big Data.

The Development and Reformation of China Mothernity Insurance - Related to the Family Plannings - (중국생육보험의 발달과 개혁 - 계획생육과 관련하여 -)

  • Lim, Mi-young;Zhang, Xiao-yi
    • Korean Journal of Social Welfare Studies
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    • no.36
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    • pp.29-53
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    • 2008
  • Being the most populated country in the world, China's one-child policy is its basic national policy. This basic national policy is implemented together with the Maternity Insurance, which is one of the five main social insurances in the Chinese society. The Maternity Insurance is society's way of recognizing women's contribution towards child- bearing and is of utmost important significance. However, with regard to women who are not living within the city or are not working, not only are they not the target for one-child policy, they are also unable to receive the social benefit from the Maternity Insurance. Among the conditions for payment of the Maternity Insurance is the adherence to the one-child policy. Ultimately, working women living in towns and cities adhering to the one-child policy will have a positive influence on the Maternity Insurance. However this places a restriction on reducing the discrepancies to benefit from the Maternity Insurance. On the contrary, women from the villages and those moving between towns and cities are those who really need the Maternity Insurance and yet are unable to benefit from it. While we improve on the Maternity Insurance to include this group of women, we have to at the same time consider the effect it has on the one-child policy. The reformation of the Maternity Insurance has to embody the principle of a harmonious society. It has to have a certain order in the country's national policies, so as to be included in the economic policies of towns and villages.

Legal Issues and Improvement Measures for Refund Implementation of Housing and Urban Guarantee Corporation in case of Housing Sale Guarantee Accident (주택분양보증사고시 주택도시보증공사 환급이행의 법적쟁점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.626-633
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    • 2021
  • In the event of a housing sale guarantee accident, the Housing and Urban Guarantee Corporation shall be responsible for the guarantee by refunding the moving-in money unless there are special circumstances to the contractor. The Housing and Urban Guarantee Corporation may refuse to perform the refund based on the Terms and Conditions Regulations Act, but disputes continue to arise between interested parties in this regard. Therefore, the purpose of this study is to study the problems and improvement measures for legal issues related to the implementation of the refund. First, the issue of guarantee effectiveness and scope of guarantee under the Terms and Conditions Regulation Act. Second, the problem of guarantee contract for conditional third parties of Housing and Urban Guarantee Corporation. Third, the problem of the attitude of the existing precedents of the Supreme Court was examined. As a result of reviewing these legal issues, it was confirmed that the interpretation of terms and conditions according to the implementation of the refund is being interpreted in accordance with the principle of good faith, but according to individual cases, precedents can be divided into positive and negative judgments. In addition, despite the fact that the housing pre-sale guarantee is a guarantee contract for a conditional third party, it was confirmed that the buyer suffered damages in good faith through active disputes with the interested parties. Accordingly, the Housing and Urban Guarantee Corporation proposed an improvement plan for roles and cooperation items to meet the purpose of establishment for the stability of the customer's housing.

The Long-Term Variations of Water Quality in Masan Bay, South Sea of Korea (남해 마산만 수질의 장기 변동 특성)

  • Kwon, Jung-No;Lim, Jae-Hyun;Shim, Jeonghee;Lee, Jangho;Choi, Tae-Jun
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.17 no.3
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    • pp.212-223
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    • 2014
  • For the better understanding of long-term and seasonal variations of water quality in Masan Bay, South Sea of Korea, we analyzed the archive data monitored at three stations of the bay during the last 13 years (2000-2012). The average concentrations of the chemical oxygen demand (COD), the dissolved inorganic nitrogen (DIN) and the dissolved inorganic phosphorus (DIP) during the monitoring period are $2.70{\pm}0.09{\mu}/L$, $19.66{\pm}1.84{\mu}m$ and $1.39{\pm}0.13{\mu}m$ in surface water, respectively, and $2.22{\pm}0.07{\mu}/L$, $18.53{\pm}1.36{\mu}m$ and $1.47{\pm}0.12{\mu}m$ in bottom water, respectively. The trophic state of the surface water was the eutrophic level in Masan Bay during the four seasons. The DIN concentrations of both surface and bottom waters increased from August to November and showed the highest average in November. However, The DIN decreased from February to May and showed the lowest average in May. The concentrations of the DIP and the dissolved silicate (DSi) in bottom waters had the highest averages in August because of the high water temperature and oxygen deficient condition. The results of correlation analysis and factor analysis showed that the main factors of surface waters were inflow of nutrients from terrestrial areas and internal production, and the main factors of bottom waters were the variations of the dissolved oxygen (DO), the DIP, and the DSi. The DIN and DIP average concentrations (2007~2012) had decreased in range of 68.1%~76.0% and 66.2~76.6%, respectively from 2007 in which the "Regulation of Total Emission" was established in Masan Bay. Therefore, it could have had positive effects on water quality improvement to take the "Regulation of Total Emission" and other actions such as reducing water pollutions in Masan Bay from 2007.

Study of nosocomial rotavirus infection in neonates admitted to a postpartum-care center (서울시내 1개 산후 조리원에서 시행한 로타바이러스 선별검사에 대한 분석)

  • Park, Ji Young;Kim, Dong Hwan;Bae, Seung Young;Choi, Chang Hee;Cho, Eun Young;Choi, Jeong Hoon;Kim, Sun Mi
    • Pediatric Infection and Vaccine
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    • v.14 no.2
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    • pp.145-154
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    • 2007
  • Purpose : Rotavirus is one of the most important etiologic agents of nosocomial infections among the neonates. This study was designed to investigate nosocomial rotavirus infection in neonates who were admitted to a postpartum-care center after birth. Methods : From March 2005 to September 2006, 957 healthy neonates were examined for rotavirus antigen in stool by immunochromatographic method and 216 neonates were rotavirus antigen positive within 24 hours after admitted to a postpartum-care center. We reviewed the nursing charts retrospectively such as characteristics, monthly distribution, birth hospitals, delivery methods, feeding types and clinical manifestations. Results : Among 957 neonates, 216 neonates (22.6%) were rotavirus antigen positive and there were no differences in sex, birth weight, gestational age. Monthly positive rate of rotavirus antigen showed diversity from 10% to 36%. According to birth hospitals, positive rate showed diversity from 3.5% to 53.6%. Out of 957 neonates, 655 cases (68.4%) were born of vaginal delivery and mean hospitalized duration was 2.4 days, 302 cases (31.6%) were born of cesarean section and mean hospitalized duration was 5.7 days. 17.6% of vaginal delivery and 33.4% of cesarean section were rotavirus antigen positive. The positive rate was higher in neonates by cesarean section than vaginal delivery (P<0.001). According to feeding types, positive rate of rotavirus antigen was lower in breast-fed group than formula-fed group (P<0.001). Proportion of symptomatic case among rotavirus antigen positive was 34.7%. Most common clinical manifestation was diarrhea (61.3%), following poor feeding (45.3%), fever (40.0%), vomiting (25.3%), delayed weight gain (12.0%), and decreased urine amount (5.3%). Conclusion : Some neonates were already infected before admission to a postpartum-care center. Without meticulous management, nosocomial rotavirus infection would transmit rapidly in a postpartum-care center spreading to the community. Recommendation of breast-feeding, routine rotavirus screeing test with or without symptom, and isolation of all rotavirus antigen positive neonates in a postpartum-care center seem to be necessary. Also attentive hygiene education and further investigations of rotavirus infection in a postpartum-care center would be needed.

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Legal Review of Regulatory Guidelines for Medical Advertisements Online (인터넷 의료광고의 규제방향에 대한 법적 검토)

  • Lee, Kyeoung-Kwon
    • The Korean Society of Law and Medicine
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    • v.9 no.2
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    • pp.269-308
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    • 2008
  • The contemporary age is a period of PR for the self. Regardless of how good the quality of goods or services offered is, if it is not made known to the buyers, a sell is impossible. As a result, the contemporary man is flooded with advertisements and is living in a time of over-saturated information. This is not much different in the medical services sector, as it too is experiencing an overflow of information due to the expansion of advertisement approaches to include not only the previous positive-method, but also the negative-method. In tandem, recent advancements in electronics and information technology has made possible a rapid increase in then number of internet advertisements. However, outmoded medical law, which was created to regulate newspapers and billboards, is still being applied to regulate today's modem medical advertisements. At the same time, collateral ordinances such as "corrective statutes for signs and advertisements" are not sufficient in providing the necessary regulatory countermeasures. In the midst of all this, as IPTV is scheduled to be broadcast nationwide starting next year, and with the market for search advertisements and internet advertisements annually growing at a rapid pace, it has become evermore urgent to come up with an adequate regulatory measure. Consequently, it is necessary to look into the possibility of restricting the medium and content of internet medical advertisements as well as realistic schemes for its realization. In particular, regulatory measures that take into consideration the special characteristics of internet advertisements should be found, and the necessity of an prior deliberation procedure and the likelihood of introducing a certification system should be examined.

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