• Title/Summary/Keyword: private realm

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Legal Standings of the Patient and the Doctor within the National Health Insurance - With its focus on the issue of arbitrary medical charge cover - (건강보험에 있어서 의사와 환자간의 법률관계 - 임의비급여 문제를 중심으로 -)

  • Hyun, Doo-Rhyun
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.69-118
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    • 2007
  • In providing general medical treatments, the medical service contract between the patient and the doctor is the mutually responsible onerous contract. However, the nature of the mutually assumed contract standings of the patient and the doctor has been changing since the implementation of the national health insurance program. For instance, besides the cases of beyond excessive medical charges and medical negligence, if the doctor charged for his/her medical treatments violating the post-treatment/nursing cover criteria, the overpaid medical charge, regardless of being collected with the patient's consent, has to be refunded back to the patient. Medically needed aspects, treatment results, and unfair benefits favoring the patient are not at all taken into consideration in the health insurance scheme. This makes it easier for patients to get refunds for their share of the medical payments by involving the Health Insurance Review & Assessment Service or the National Health Insurance Corporation, without engaging in civil law suits (for reimbursement claim) against doctors. In other words, the doctor's responsibility to provide medical treatments and the patient's responsibility to pay for the medical treatment provided within the contractual realm are being demolished by the administrational arbitration of the National Health Insurance system. The basic rights of medical service providers, and the patient's right to choose are as important constitutional rights, as the National Health Insurance program, which is essential in the social welfare system. Furthermore, the development of the medical fields should not be prevented by the National Health Insurance system. If the medical treatment services can be divided into necessary treatments, general treatments, and high quality treatments, the National Health Insurance is supposed to guarantee the necessary and general treatments to provide medical treatments equally to all the insured with limited financial resources. However, for the high quality treatments, it is recommended that they should not be interfered by the National Health Insurance system, and that they should be left to the private contract between the patient and the doctor.

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Intellectual Property Disputes in the Era of the Metaverse: Complexities of Cross-Border Justice and Arbitration Consideration

  • Kye Hwan Ryu;Choong Mok Kwak
    • Journal of Arbitration Studies
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    • v.33 no.3
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    • pp.147-175
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    • 2023
  • The emergence of the metaverse, a complex three-dimensional virtual environment, has led to significant changes in the intellectual property (IP) landscape. This paper examines the challenges and legal intricacies of IP within the virtual realm, focusing on the unprecedented nature of these disputes and on the inadequacies of traditional jurisdiction methods. Drawing from international frameworks, including the International Law Association's Guidelines and WIPO's guides, the study critically explores arbitration as an alternate approach to metaverse IP disputes, analyzing its complexities and applicability. The paper further delves into challenges arising from diverse protection laws that pertain to the global nature of the metaverse, including the nuances of various digital assets like NFTs. By assessing jurisdictional difficulties, the paper addresses the adoption of decentralized justice platforms, and examines the role of Alternative Dispute Resolution (ADR) methods, this paper presents a comprehensive view of the evolving virtual legal field. It suggests that while innovative methods are emerging, traditional arbitration will likely remain the preferred choice for complex disputes, offering a balance of speed, cost-effectiveness, and legal robustness within the virtual world.

Study on Economic Analysis of Offshore and Ground-mounted Solar Photovoltaics (해상과 지상 태양광 발전 경제성 비교에 관한 연구)

  • Kyu-Won Hwang;Moon Suk Lee;Chul-Yong Lee
    • New & Renewable Energy
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    • v.20 no.1
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    • pp.38-51
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    • 2024
  • The rapid expansion of industrialization and population growth worldwide has led to a significant surge in energy demand, perpetuating heavy reliance on finite fossil fuel reserves. Although prevailing policies primarily target ground-mounted solar photovoltaics, there is a noticeable increase in the adoption of floating solar power generation systems on water surfaces. Nonetheless, adequate studies and legislative reviews on offshore solar photovoltaics in Korea are lacking. The absence of well-defined criteria for the economic analysis of floating solar photovoltaics presents hurdles to their economic feasibility. This study conducted a comprehensive cost-benefit analysis of offshore photovoltaics to evaluate their economic viability and compared four types of solar photovoltaics based on the operating area and technology: ground-mounted, floating on inland water, pontoon-based offshore, and flexible system offshore. Perspectives from both central and local government entities, emphasizing social aspects, as well as inputs from private companies with a financial focus were considered. The findings revealed variations in economic viability depending on the operating area and technology employed. This study aims to contribute to the advancement of market maturity and technology within the realm of offshore solar photovoltaics.

Trend of Space Development and Issue (우주개발동향과 주요 이슈)

  • Cho, Hong-Je;Shin, Yong-Do
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.97-126
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    • 2014
  • October 4, 1957 the Soviet Sputnik 1 was launched into space the first time in the history of mankind. After launching, the realm of humankind was expanded to space. Today all countries of the world wage a fierce competition in order to utilize space for various purposes. World powers of space such as United States, Russia, China, and Japan, put reconnaissance satellites and ocean surveillance satellites into orbit, being able to easily see equipment and troops movement on earth. Each country makes efforts to occupy space assets through the militarization of space and expand national interests. Recently private companies or individuals involved in commercial space activities are becoming more prevalent. Thus, in addition to space activities for military purposes, commercial space activities become widespread. Individuals and private companies as well as nations are also involved in space activities. Outer space is not the monopoly of space powers such as the United States and Russia. The whole human race can benefit from free access to space, being the common heritage of mankind. In particular, outer space becomes an indispensable element of military activities and human life. Many countries are now entering space development, putting a lot of budget into new development programs. Republic of Korea also built the Narodo Space Center, starting its space development with budget and manpower. We have to find out ways to use space not only for military purposes but also for commercial space activities that can contribute to the national economy. In addition, through the joint efforts of the international community, we have to make efforts for preservation and peaceful use of space. Various issues relating to space activities and research should be studies in order to contribute to the progress of humanity. Those issues include the definition of outer space, space debris reduction and environmental conservation issues, non-bind measure cooperation - European International Code of Conduct, space law and national legislation related empowerment issues, arms control measures in space, and restrictions on the use of nuclear fuel. We also need to be involved in the discussion of those issues as one of responsible space countries. In addition, we try to find out regional cooperation schemes such as the ESA in the Europe actively. Currently in the Northeast Asia, cooperation bodies led by Japan and China respectively, are operated in the confrontational way. To avoid such confrontation, a new cooperative body needs to be established for cooperation on space exploration and information. The system to allow the exchange of satellite information for early warning of natural disasters needs to be built as well. In addition, efforts to enhance the effectiveness of the relevant international treaties on space, and fill in the blanks in international space laws should be made at the same time. To this end, we have to do a leading role in the establishment of standards such as non-binding measures (resolution) - Code of Conduct, being discussed in the UN and other organizations, and compliance with those standards. Courses in aerospace should be requires in law schools and educational institutes, and professional manpower need to be nurtured. In addition, the space-related technology and policy needs to be jointly studied among the private, public, and military groups, and the cross exchange among them should be encouraged.

Smart City Policy Considering Spatial Characteristics (공간적 특성을 고려한 스마트시티 정책)

  • Bae, Sung Ho
    • Journal of the Korean Regional Science Association
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    • v.35 no.3
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    • pp.25-32
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    • 2019
  • The important of Smart City has been increasing on the driving force of 4th industrial revolution and method to solve urban problems. Korea government introduced and implemented ubiquitous City as an intrinsic Smart City brand from the early 21th century. Diverse types of Smart City projects were announced as national strategy by the spatial characteristics. National Test-Beds in Sejong city and Busan(EDC: Eco Delta City) are urban planning to be future city models for new town development. In the old towns in cities, various type of Smart City projects are support by government by urban growth stage; frontiers, stable or declining urban realm. 「3rd Comprehensive Plan for Smart City(2019 ~ 2023)」 in Korea plans an important role to build innovative ecosystem and reinforce global competiveness by spreading of Smart Cities. For the successful Smart City as open and inclusive space, it is need that this space should be made by the cooperation of citizens, private sectors and local and central government.

Performance Evaluation of RSIP Gateway in Intranet Environment (인트라넷 환경에서 RSIP 게이트웨이의 성능분석)

  • Kim, Won;Lee, Young-Taek;Jun, Moon-Seog
    • The KIPS Transactions:PartC
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    • v.11C no.5
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    • pp.683-688
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    • 2004
  • NAT is a very useful IP address translation technique that allows two connected networks using different and incompatible IP address schemes. But it is impractical to use NAT for an application which uses the encrypted IP packet, embedding IP addresses inside of data payloads, to guarantee End-to-End Security such as IPSec. In addition to rewriting the source/destination IP addresses in the packet, NAT must modify IP checksum every time, which could lead to considerable performance decrease of the overall system in the process of the address translation. RSIP is an alternative to solve these disadvantages of NAT and the address shortage problems. Both NAT and RSIP divide networks into inside and outside addressing realms. NAT translates addresses between internal network and external network, but RSIP uses a borrowed external address for outside communications. RSIP server assigns a routable public address to a RSIP client temporarily to communicate with public net-work outside of the private network. In this paper, RSIP gateway for intranet environment is designed and its performance is evaluated. From the results of performance evaluation, we knew that RSIP is operated less sensitive to the data traffic. Also, the experiment shows that RSIP performs better than NAT when the transmission data grows larger.

Study on a Secure Authentication and Authorization Protocol based on Kerberos (커버로스 기반의 안전한 인증 및 허가 프로토콜 에 관한 연구)

  • 김은환;김명희;전문석
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.29 no.5C
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    • pp.737-749
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    • 2004
  • Kerberos authenticates clients using symmetric-key cryptography, and supposed to Oust other systems of the realm in distributed network environment. But, authentication and authorization are essential elements for the security. In this paper, we design an efficient and secure authentication/authorization mechanism by introducing the public/private-key and installing the proxy privilege server to Kerberos. In the proposed mechanism, to make a system more secure, the value of the session key is changed everytime using MAC(message authentication code) algorithm with the long-term key for user-authentication and a random number exchanged through the public key. Also, we reduce the number of keys by simplifying authentication steps. Proxy privilege server certifies privilege request of client and issues a privilege attribute certificate. Application server executes privilege request of client which is included a privilege attribute certificate. Also, a privilege attribute certificate is used in delegation. We design an efficient and secure authentication/authorization algorithm with Kerberos.

A Study on Hybrid Characteristics of Public Space in Contemporary Cities Reinterpreted by the Idea of Liminal Space (역공간(Liminal Space) 개념으로 해석한 현대도시 공공공간의 혼성적 특성에 관한 연구)

  • Zoh, Kyung-Jin;Han, So-Young
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.4
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    • pp.49-59
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    • 2011
  • This study is a reinterpretation of characteristics of public space in contemporary cities with a view to liminal space. The conditions of pubic space now cannot be captured through the existing discourses of publicness, and public space. The basic premise of the study is that the idea of liminal space or liminality is useful to grasp the fluid and hybrid attribute of public space in contemporary cities. Liminal space, originally from anthropological studies, is the intermingled stage between two realms and the sustained period of the ritual. The idea has been widely used for various cultural phenomenon and spatial experiences. A literature review on public space and liminal space was carried out. Cases pertaining to public space with a view to liminal space were examined and discussed in detail. Through the careful reading of several public spaces with an angle toward liminal space, the new perspective toward public space will be drawn out. First, we need to emphasize the fluid spectrum of public space rather than the serial stage such as the public, the semi-public, the semi-private, and the private. Second, the idea will contribute to understanding the flexible state depending upon time. What we can learn from case studies is the volatile characteristics in public space as a common phenomenon support its vitality. This interpretation will contribute to the perception of a new horizon of public space. The nature of public space is unpredictable and free. In reality, the spectrum of public space will expand and fluctuate. Ironically, public space can be vitalized through enhancing and activating the private space. The intimate and complicated interface between the two realms is a key issue. The boundary of public space might be redefined to embrace the flexible the fragile nature of changing public space. These research implications will guide the thoughtful design and management of pubic space.

A Efficient RSIP Address Translation Technique in Linux-based Intranet Environment (리눅스기반 인트라넷 환경에서 효율적인 RSIP주소 변환기법)

  • Lee, Youngtaek;Kim, Won;Jeon, Moon-Seok
    • Journal of the Korea Computer Industry Society
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    • v.5 no.1
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    • pp.39-48
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    • 2004
  • An IP address shortage problem is happening with a rapid propagation of the Internet and demands about a new IP address. Address translation technology as NAT is becoming use widely in order to solve these problems. NAT is an very useful If address translation technique that allows two connected networks to use different and incompatible IP address schemes. Rut it is difficult to use NAT particularly for applications that embeded IP addresses in data payloads or encrypted IP packet to guarantee End-to-End Security such as IPSec. In addition to rewiting the source/destination IP address in the packet, NAT must modify IP checksum every time, which could lead to considerablely performance decrease of the overall system in the process of address translation. RSIP is an alternative to solve these disadvantages and address shortage problems of NAT. Both NAT and RSIP divide networks into inside and outside addressing realms. NAT translates addresses between internal network and external network, but RSIP uses a borrowed external address for outside communications. RSIP server assigns a routable, public address to an RSIP client temporaily to communicate with public network outside the private network. In this paper, I will analyze NAT and RSIP gateway system, and then I will propose the Linux-based RSIP gateway for more efficient IP Address Translation in Intranet environments based on RSIP standard of IETF.

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A Review of Improvements for Providing Safe and Secure Environments for Medical Treatment (안전한 진료환경 구축을 위한 정책 개선과제)

  • Choe, A Reum;Kim, Sung Eun;Baek, Kyoung Hee
    • Health Policy and Management
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    • v.29 no.2
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    • pp.105-111
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    • 2019
  • On December 31, 2018, an incident occurred where a doctor was attacked and killed by a patient carrying a lethal weapon in the outpatients' clinic of the psychiatric department of a tertiary general hospital. The suspect was diagnosed with bipolar affective disorder (manic depressive disorder) and has been hospitalized and cared for in the psychiatric ward of this hospital. This incident illustrates the necessity of more active cures and therapeutic intervention for mental patients with intellectual developmental disorders who require treatment considering the fact that a radical outcome has been caused by such a patient. However, on the other hand, there is also a need for an approach and analysis from the perspective of crime prevention for all medical departments. The reason for this is that even a tertiary general hospital equipped with the largest human resources, medical devices, facilities, and so forth, is susceptible to violence. As for illegal actions perpetrated against health and medical service personnel in medical institutions, such as verbal abuse, assault, injury, etc. there have neither been understanding shown for the current extent of damage in detail, nor discussions of active institutional improvement related to the seriousness of the act. It can be said that violence in the field of medical treatment is a realm requiring serious discussion and appropriate remedial actions. This is because when such incidents take place, if a patient who is supposed to get treatment from the damaged health care provider is in an urgent situation or on the waiting list of serious cases, he or she could suffer serious damage caused by deprivation of treatment opportunity, or secondary damage might be caused to the patient and/or a guardian who can hardly have an opportunity to take action. Accordingly, in this review, we would like to help create the necessary conditions for both health and medical service personnel and patients/guardians, respectively, to provide and receive medical treatment in a more secure environment. Therefore, objective assessment of the institution and issues relating to this aforementioned incident and general cases of violence occurring in medical institutions, and by suggesting legal and institutional improvements and solutions.