• Title/Summary/Keyword: private property

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A Study on Legal Protection, Inspection and Delivery of the Copies of Health & Medical Data (보건의료정보의 법적 보호와 열람.교부)

  • Jeong, Yong-Yeub
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.359-395
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    • 2012
  • In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

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A Study on the Production of Flooding Maps in Small Stream (소하천 홍수범람지도 제작에 관한 연구)

  • Lee, Dong Hyeok;Jun, Kye Won;Kim, Il Dong
    • Journal of Korean Society of Disaster and Security
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    • v.14 no.2
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    • pp.51-59
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    • 2021
  • Due to recent climate change, the flood damage is becoming larger due to the development of localized heavy rains. 2020.12 The Ministry of Environment provides 100-year flood flood map, but in the case of small rivers, river structures are designed at 50-80 years frequency, making it difficult to predict damage and provide evacuation information. This study prepared flood map of Donamcheon district in Geumnam-myeon, Sejong Special Self-Governing Province, which is a small stream and habitual flood zone. The flood level was calculated using HEC-RAS and the flood area was visualized through HEC-GeoRAS. The analysis results showed that property damage such as special crops and roads occurred during the 30-80 year frequency rainfall, and it affected private houses such as general residential areas and public land when the frequency occurred for 100 years. The results of the comparison and analysis of the flood map provided by the Ministry of Environment and the results of the HEC-GeoRAS simulation showed that the flood map provided by the Ministry of Environment did not consider small streams. Further studies on flood flood maps considering the large and small stream are needed in the future.

A Case Study of a Acquisition & Appraisal Policy of Business Archives - With a focus on Meritz - (기업사료의 수집·평가방안 연구 - 메리츠화재의 사례를 중심으로 -)

  • Kim, Hwa Kyoung
    • The Korean Journal of Archival Studies
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    • no.15
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    • pp.219-262
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    • 2007
  • Business organization have developed in close association with the society afterward. Moreover, under capitalism business archives, though they are created in private sector, have started to have public characteristics and be used in public domain beyond internal use in business organization. Records and Archives management at a corporate level increasingly become indispensible. Business organization can use archive management to improve job efficiency and customer service and to facilitate legal matters, marketing, advertising, property management, personnel management and publicity. Additionally, They can secure corporate identity and social reliability as well as transparency in management. This is turn helps secure corporate competitiveness to play as a medium for creating new profit, which will enhance corporate brands. The records and Archives management, which recently kicks off among business organization, are to collect scattered archives and seek systemic management through archives management systems. This study present ways to collect archives scattered before archives management systems were adopted according to archives management. As a prior investigation, the scope and characteristics of business archives are defined. Visit to business organization to collect data and interview with officials responsible were carried out as a preliminary investigation to conduce acquisition policy. Based on the results of the investigation, acquisition policy of Meritz was conducted. into internal and external collection activities, event collection activities. Value appraisal and display appraisal of archives were established as a appraisal policy for efficient management and utilization of collected business archives. This study takes the case of Metitz Fire & Marine Insurance Co, Ltd (Meritz) as a example to present ways to manage business archives specifically.

A Pilot Study on Installation Criteria of Speed Change Lanes according to the Implementation of Safety Speed "5030" in the Urban Area (도심내 안전속도 "5030"시행에 따른 변속차로 설치기준에 관한 기초연구)

  • Oh, Seok-Jin;Ha, Tae-Jun;Jin, Tae-Hee;Shin, Kwang-Min;Lee, Gang-Seok
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.41 no.1
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    • pp.57-64
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    • 2021
  • The speed change lane is installed at the point where the roads are connected on the urban roads, reducing the relative speed to facilitate traffic communication. However, in the case of the speed limit of 30 km/h in accordance with the implementation of the safe speed "5030" in the city, the standard is ambiguous, and there are criticisms about the installation of the transmission lane. This study conducted a pilot study on the traffic patterns of the speed change lanes, focusing on the section where the safe speed "5030" policy was scheduled to be implemented after theoretical consideration of the speed change lanes. After on-site investigation, as a result of analyzing the traffic pattern according to the travel speed of the main road according to road conditions and traffic conditions, the effectiveness of the speed change lane according to the safety speed "5030" was analyzed. In this study, the installation criteria for speed change lane by speed were presented. The criteria is that "speed change lanes should not be installed when the speed limit is 30 km/h, and speed change lanes should be installed when the speed limit is 50 km/h." The criteria will be considered as a reference when establishing engineering standards for connection of other facilities in urban areas in the future. It is expected that unnecessary restrictions on individuals' exercise of private property rights will be minimized, smooth traffic flow and secure safety by the installation of speed change lanes and expansion of turning radius.

Development Impact Based on Area Adjustment of Feasibility Review in Bukhansan National Park Planning (북한산국립공원 계획 타당성검토 구역조정의 개발 영향)

  • Cho, Woo
    • Korean Journal of Environment and Ecology
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    • v.35 no.3
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    • pp.305-312
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    • 2021
  • This study aims to analyze the changes (2011→2021) in social and environmental factors, such as actual construction activities, including building development and officially assessed individual land price, of the areas that have been released from the park during the second national park area adjustment period (2010~2011) and compare them with those of the areas that retained parks in the same period to analyze the development impact. In the released area, a building has been constructed per 16,431 square meters since 2011. Moreover, both the number of floors and height of the building has increased, and it was analyzed that the class 2 neighborhood living facilities occupied the highest proportion of the building use. Officially assessed individual land prices increased by 42.3% in the released area and 38.6% in the retained area. The analysis by region showed that the officially assessed land price increased by 55.2% on average in both released and retained areas in Seoul and 9.4% in Gyeonggi-do, indicating a much larger increase in the Seoul region. The issue of private property rights in national parks was mostly resolved as they were released through the second national park area adjustment. However, the Korea National Park needs to promote the benefits of landowners by suggesting rational alternatives such as adjustments to the park zoning and facility planning.

A Probe into the Laws Applicable to Foreign Religious Actions and the Actions of Foreign Religious Legal Persons : Observations Regarding Establishment and Initial Development in Taiwan (外國宗教(法人)在臺行為之準據法適用初探: 以設立與起始發展為研究核心)

  • Tsai, Peifen
    • Journal of the Daesoon Academy of Sciences
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    • v.34
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    • pp.203-238
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    • 2020
  • This paper focuses on legal risks and risk management affecting foreign religions or foreign religious legal persons in Taiwan. Beginning with an overview of relevant legal norms, types, processes, precautions, other such considerations, the purpose of this paper is to assist foreign religions when they first come to Taiwan for development. The contents of this paper can inform the adoption of a suitable methodology. If foreign religions want to come to Taiwan to develop, there may be several methods for their development: 1. Send Individual Missionaries to preach in Taiwan 2. Send Groups to Preach in Taiwan: 1) specify these groups as temples (or religious groups called "Lingtai (靈臺)"). 2) form civil associations or unincorporated religious groups 3) cases of temples that have not been registered (or specified as "Lingtai") 4) cases of offices and independent property and religious purposes that are not registered with the government or registered as temples (differentiated from item 3) 3. Establishing a research center in Taiwan: When foreign religions have established religious consortia in foreign countries, they can come to Taiwan to set up branches. 4. The establishment of legal persons in Taiwan: These are divided into "school legal persons", "religious corporate legal persons" and "religious consortium legal persons." Each of the above types has a different law applicable to it. This article will introduce the contents of each applicable law and important related matters such as the relevant funds, setting incentive rules for outstanding religious groups, and religious groups applying for foreigners. Due to foreign-related factors in the development and setting up of foreign religions in Taiwan, Act Governing the Choice of Law in Civil Matters Involving Foreign Elements is the parent law for solving conflicts regarding laws and regulations. The spirit of Article 2 and Italian Private International Law, Article 25, Paragraph 1 and so on, adopts the legalism of establishing legal personhood. It is clear that the national law regarding legal persons is the law under which it was incorporated. Therefore, foreign religious legal persons who encounter legal issues in Taiwan fall under the national law, which was established as domestic law. Therefore, internal matters regarding foreign legal persons are also applicable to domestic law.

A Multilevel Analysis about the Impact of Patient's Willingness for Discharge on Successful Discharge from Long-term Care Hospitals (퇴원 의지가 요양병원의 성공적 퇴원에 미치는 영향에 대한 다수준 분석)

  • Ghang, Haryeom;Lee, Yeonju
    • Health Policy and Management
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    • v.32 no.4
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    • pp.347-355
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    • 2022
  • Background: Since November 2019, long-term care hospitals have been able to provide patients with discharging programs to support the elderly in the community. This study aimed to identify both patient- and hospital-level factors that affect successful community discharge from long-term care hospitals. Methods: A multilevel logistic regression model was performed using hospitals as a clustering unit. The dependent variable was whether a patient stayed in the community for at least 30 days after discharge from a long-term care hospital. As for the patient-level independent variables, an agreement between a patient and the family about discharge, length of hospital stay, patient category, and residence at discharge were included. The number of beds and the ratio of long-stay patients were selected for the hospital-level factors. The sample size was 1,428 patients enrolled in the discharging program from November 2019 to December 2020. Results: The number of patients who were discharged to the community and stayed at least for 30 days was 532 (37.3%). The intraclass correlation coefficient was 22.9%, indicating that hospital-level factors had a significant impact on successful community discharge. The odds ratio (OR) of successful community discharge increased by 1.842 times when the patients and their families agreed on discharge. The ORs also increased by 3.020 or 2.681 times, respectively when the patients planned to discharge to their own house or their child's house compared to those who didn't have a plan for residence at discharge. The ORs increased by 1.922 or 2.250 times when the hospitals were owned by corporate or private property compared to publicly owned hospitals. The ORs decreased by 0.602 or 0.520 times when the hospital was sized over 400 beds or located in small and medium-sized cities compared to less than 200 bedded hospitals or located in metropolitan cities. Conclusion: The results of the study showed that the patients' and their family's willingness for discharge had a great impact on successful community discharge and the hospital-level factors played a significant role in it. Therefore, it is important to acknowledge and support long-term care hospitals to involve active in the patient discharge planning process.

Improvement Method of Hazardous Materials Facilities Installation License of Manufacturer (위험물시설의 설치허가제도의 개선방안)

  • 이종영;이수경;김태환
    • Fire Science and Engineering
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    • v.15 no.3
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    • pp.21-35
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    • 2001
  • By rearing private experts to design hazardous facilities, Safety property is obstained. So it is necessary to limit within the designer of hazardous materials facilities who has some degree skill. After permission progress about the inspection of the design ascertain whether it is safety property Mayor/Do governor permits within the laws and their qualification. Accordingly, Korea Fire Equipment Inspection Corporation be come specialization about the design, inspection of construction completion. A inquire purpose of Fire Service Act be considered fitness. Subject by which the Korea Fire Equipment Inspection Corporation is entrusted, subject by which the a non-probit corporation in The Civil Law be possible to entrusted in separate. In this case, because of the level of one's technique and facilities are important, to limit as a nonprobit corporation in The Civil Law give rise to trouble. Consequently; established a business corporation, which the level of one's technique and facilities, in accordance with The Commercial Law can assign inspection of construction completion. The contents of the Fire Services Act is caused by the historic growth of hazardous facilities's safety management. Because we decide on a course about completed inspection of hazardous substance, it is needed that adjust the task performed by a corporation of the exert skill and the duty performed by the task that a authorized corporation on the civil law or the commercial law To adjust the duty, the Fire Service Act, that is suitable to the purpose and principle, should constitute a measure of the duty. With the object of insure the safety of the hazardous substance, when the fire survice act establish a corporation of the expert skill. There is the will of lawmakers that need organization to have the power of the professional technology. The state excise the will that insure the safety of hazardous materials facilities on the basis of the professional technology and facilities, and construct to establish a corporation of the expert skill. Therefore as concentrate on the technology to need to insure the safety of the facilities of hazardous substance to be suitable on the purpose of laws and take responsibility and reports to a corporation of the expert skill. The task to be given to the state will be done.

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Research on Factors Influencing the Change of the Types of the Occupation and the Income by Medical Expenditure (의료비 지출이 종사상 지위 및 소득변화에 미치는 요인연구)

  • Ji, Eun-Jeong
    • Korean Journal of Social Welfare
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    • v.56 no.3
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    • pp.5-35
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    • 2004
  • This research is about the change of the occupation and the income of the subscriber of the medical expenditure due to the economic influence on them. The data of this study are based on 4,215 of medical cost payers among respondents of the survey on "Health and Retirement", which was the fourth additional research of Korea Labor and Income Panel Survey. The main findings of this study are as follows: First, the average medical cost is 5.5% of the income. The ratio of the medical cost to an earned income is highly different between low-income group and high income group. For the low income group, the medical cost reaches up to 1/3 of the total family income. That proves that the medical cost si a heavy burden on them. The group with the high medical expenditure seems to be supported by their own private property and other family members whenever it is needed. But it doesn't show the exact sources of the property, which includes the fund from the interests and real estates. On the other hand, only 14.4% of the subscribers changed their job status on the 5th year, and 85.6% of those kept their job status until the 5th year from the 4th year. This shows that the amount of the medical cost could be the important factor for them to change their job; for example, it is crucial whether the medical expenditure is over the average rate or not. Furthermore, the change of the occupation caused by the medical cost has the negative influence on the gross income. It makes the economic conditions of the family get worse. Therefore, the health insurance in Korea is lack of the compensational function, which substitutes the family income reduced by the change of the job status due to the high medical cost.

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Qualitative Study about Value Cognition and Benefits of Consumer on Culture-Art products (문화예술상품에 대한 소비자의 가치인식과 추구혜택에 관한 질적 연구)

  • Rhee, Young-Sun;Shin, Eun-Joo
    • Asia Marketing Journal
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    • v.12 no.4
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    • pp.27-54
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    • 2011
  • This research attempted to present the efficiency of culture marketing to the organizations producing culture-art products and to the companies utilizing art and suggest the practical viewpoints to the culture and art policy agencies. The methodology used was to take an in-depth look at the consumer value cognition and benefits of culture-art products in contemporary consumption culture from a social context by conducting a total of 12 Focus Group Interviews, consisting of 58 males and females in their 10s~50s who can represent culture-art product consumers. The culture-art products refer to the artist's spiritual, actual act of creating or to the end products with economic exchange value. They are also sense goods and merit goods that affect the mental state of consumers. By looking at culture-art products as consumer merit goods, this research examined consumer value cognition of culture-art products based on the characteristics culture-art products. As a result, this research determined that consumers view culture-art products largely as 'aesthetic and sensuous merit goods', 'actual and individual merit goods', and 'social public property'. As 'aesthetic and sensuous merit goods', culture-art products are considered as the products of an artist's creative activities; as 'social public property', culture-art products have a public value in terms of ownership; and as 'actual and individual merit goods', culture-art products act on the spirit and reality of a consumer in terms of consumption. As a result of analyzing the benefits of culture-art products based on the above-mentioned consumer value cognition, it was observed that the benefits of culture-art-product consumption are chiefly divided into 'aesthetic character-oriented', 'social relationships-oriented', and 'individual benefits-oriented' depending on how consumers see culture-art products. A 3-conceptional structures model was constructed according to the relationship between consumer value cognition of culture-art products and the benefits. This research revealed that consumers who pursue the aesthetic value or sense of beauty as the central reason experience culture-art products themselves, enjoy intellectual quests, and pursue their satisfaction by expressing affection for and interests in culture-art products. On the other hand, consumers who pursue social value as the central reason as a means of communication by perceiving culture-art products as a public property of society, pursue sympathy with people close to them through the symbolic power of culture-art product consumption or the joy of self-display. Consumers who perceive art products as spiritual and actual merit goods and pursue consumer value as a central reason want to express their own personality, develop themselves, and differentiate themselves or identify themselves with others in the context of social relations for the ultimate goal of living a happy and satisfied life while pursuing to satisfy imminent and actual necessities as emotional stability and rest. The fact that culture-art product benefits could vary according to how a consumer perceives them implies that consumer value cognition of culture-art products and their benefits significant affect consumers' decision in choosing and consuming various culture-art products. It turned out that such benefits from the consumption of culture-art products reflect the complex contemporary consumption culture of rational consumption, symbolic consumption, experiential consumption, and social reflective consumption. This research identified conceptional structures of consumer value cognition on culture-art products and benefits that can be used for studying and understanding culture-art products consumers who pursue a variety of consumption values. They can also be used by private companies in utilizing art, as well as by national agencies in enhancing the population's quality of life. However, since this research could only conceptually grasp consumer perception of culture-art products and reveal the dimension of classification due to its own limitations arising from characteristic investigation, quantitative data on the benefits of culture-art product consumers should be measured in future studies through a quantitative investigation, while using the value cognition of culture-art products and the individual characteristics of consumers as variables based on this research.

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