• Land and Housing Review
• /
• v.4 no.1
• /
• pp.99-105
• /
• 2013

Development Charge System was introduced in 1989 to recapture development gains, however, it has been revised more than 20 times since then. The reason for such frequent revisions was that estimating development cost was too composite and indefinite. Therefore it is required that estimating method of development cost should be simplified in order to minimize conflicts among diverse parties. To support the recent revision of 'Restitution and Development Gains Act', this study verified several alternatives of applying standardized costs per area under specific size of development and suggested policy implications. For analysis data, 9,362 Development Charge and cost data of si gun gu for recent 3 years were used. The results showed that dividing Seoul Metropolitan Area (SMA) and non-SMA made a significant difference and definite divisions among regional groups. The result of this study could minimize social conflicts as well as contribute in realizing the public concept of land policy by revising Development Charge System.

• Food Science of Animal Resources
• /
• v.29 no.5
• /
• pp.599-611
• /
• 2009

This article concerns the labeling guideline for health benefits of livestock products. In recent years, livestock products with health benefits have emerged as a key market for livestock product industries. However, the current labeling regulation for functional foods severely prohibits livestock product industries from attaching most of the health benefits claims to the products. Also, manufacturers have some difficulties in labeling the health benefits of certain livestock products because of a lack of guidelines on health benefit claims for livestock products. Therefore, some livestock product industries and scientists have strongly demanded a revision of labeling regulation, Appended Chart No. 14 provided by Article 52 (2) of Enforcement Regulation of the Processing of Livestock Products Act, so they could mark the health benefits on their products. To support the 'revision of labeling regulation', the goals of this article were as follows; 1) to assess the current situation on nutrition labeling and nutrition claims on foods, 2) to determine the current situation on health claim regulatory systems used in foreign countries (CODEX, USA, Japan, EU, and Australia/New Zealand), 3) to assess the current situation on the health claim or health benefit claim regulations for functional foods, conventional foods, and livestock products in Korea, and 4) to determine the need for complement in health benefit claim for livestock products. In conclusion, guidelines for the use of health benefit claims on livestock products should be prepared as soon as possible and the guidelines should be viable and easy for manufacturers and control authorities to understand. Also, nutrient profiles should be developed to identify whether the livestock products are eligible to bear health benefit claims and to help consumers make the right choices.

• Journal of the Korea Institute of Building Construction
• /
• v.20 no.5
• /
• pp.471-480
• /
• 2020

Although the domestic industrial accidents have been decreased gradually, deaths in the construction sites have been occupied 49.9 percent of the total industry and deaths from fall accident have been accounted for 59.7 percent of the construction industry. In order to prevent fall accident, various safety activities and policy have been carried out. However, the impact on the domestic construction industry was inadequate. On the other hand, in advanced countries, such as the United States, Japan, EU, and Singapore Industrial accidents have been lower than domestic industry due to safety activities, the regulations and policies appropriate for each country's situation. In this study, we compare the major points of the Industrial Safety and Health Act in developed countries with those in South Korea to reduce the number of falls, and propose a revision. As a result of conducting research, three revisions have been proposed as 1) Enhance standards for fall height, 2) Improvement of upper safety rail height on guardrail, 3) Revision and research on Horizontal Sarety bar attachment system. This study will be utilized as a basic study for the analysis of cases in advanced countries.

• Review of Culture and Economy
• /
• v.21 no.2
• /
• pp.53-88
• /
• 2018

Among the cultural industries, the game industry is the most economically valuable industry. It has been about twenty years since the game policy has been implemented and the game laws have been enacted. If the law is a willing expression for the realization of the policy, the orientation of the game policy can be grasped through revision of the game laws. SOUND RECORDS, VIDEO PRODUCTS, AND GAME SOFTWARE ACT, established in 1999, and GAME INDUSTRY PROMOTION ACT, which was enacted in 2006, are regulated by many revisions. In this paper, I try to understand the direction and meaning of Korean game policy(classification, game dysfunction, gambling, industry growth) through the contents of the revision of the game law for 20 years. The game policy shown through the amendment of the game law is intended to protect the game by regulating the game, and to protect the game user by preventing the gambling and preventing the game dysfunction, and to increase autonomy of users and choice of producers by switching to self rating system, and based on this, an environment for continuous industrial growth is created. In the future, game policies should consider cooperation with social areas beyond game-specific areas. On the other hand, it needs to respond to new agendas such as polarization of industrial structure, fair environment, employment environment.

• The Journal of KAIRB
• /
• v.1 no.2
• /
• pp.30-42
• /
• 2019

In pharmaceutical clinical trials as human material research, the collection, use, storage and provision of human materials must be in accordance with the criteria stipulated in 「Bioethics and Safety Act」, except in the case that some criteria about it is in the law related to clinical trials such as 「Pharmaceutical Affairs Act」 and 「Enforcement Rule on Safety of Drugs, etc.」 so these take precedence over. Under 「Bioethics and Safety Act」, the core aspect of the legal standard for obtaining informed consent is the use of statutory form . The use of statutory form ensure that both those who obtain informed consent and those who give it can know the contents contained this form as well as recognize its importance. Thus, the person who has the right to informed consent can sign the statutory form after correct understanding of the contents. In reality, however, some researchers and IRB members determine that only the main informed consent form is to be used because most of contents on statutory from are included in the main informed consent form. Some other researchers and IRB members judge that the use of statutory form is not needed if human materials may only be used for laboratory testing and the rest will not be stored and provided for future use. Most of these determination and judgement is based on the interpretation of the Korea National Institute for Bioethics Policy(hereafter, KoNIBP) on IRB Information Portal Site. But, it is questionable whether the KoNIBP's interpretation is legally valid and the KoNIBP is the legal entity having authority to interpret existing statute. In some cased not only using the main informed consent form including enough information about the collection, use, storage and provision of human materials but also collecting necessary minimum human materials, and discarding the rest, unusing the statutory form may not cause the problem to respect and protect the research participant's rights. Therefore, the provision stipulating the criteria about the use of statutory form as the legal standard of obtaining informed consent that applies all human material research without exception should review to revise. At least, straighten out the confusion surrounding whether or not the statutory form is to be used, before the revision of related provision, considering the logical opinions of some researchers and IRB Members, the Ministry of Health and Welfare as the legal entity having authority to interpret existing statute should represent its opinion about permission of the acceptable exceptions.

• Journal of rehabilitation welfare engineering & assistive technology
• /
• v.7 no.1
• /
• pp.29-37
• /
• 2013

The purpose of this study is to suggest the potential domestic and international market conditions vehicles for people with disabilities through a review of the literature and internet resources, and to propose a road map developing South Korean vehicles for people with disabilities taking into consideration the current state of domestic and international technology and the usage of the vehicles for people with disabilities depending on the type of disability. The results of the study are as follows: First, vehicles for people with disabilities safety standards of South Korea do not meet the safety standards of developed countries and the technology of development related vehicles for people with disabilities is not as advanced as that of developed countries. Vehicles for people with disabilities installation methods, specifications, features and safety standards should be designed to be more similar to those of Japan and the United States. Second, vehicle modifications for people with disabilities will become more common as measures directed at promoting the welfare of people with disabilities, such as travel and transportation measures, employment opportunities, education, and funding for vehicle modifications, are implemented along with laws, such as The Americans with Disabilities Act, The British Disability Discrimination Act, and Japan's barrier-free transport law, that protect people with disabilities generally. Third, through a comparative analysis of domestic and international market conditions and demands of people with disabilities in vehicle modifications, important things to pay attention by purchasing a modified vehicle for people with disabilities are the employment rate for people with disabilities and monthly income. To enable this, government agencies and industry bodies should work together through the revision of the current Disability Welfare Act or the enactment of the special law for guiding principles of Disability Welfare Act. Through the future changes in vehicles for people with disabilities-related system or society of South Korean, the annual demand of the vehicles is expected to be more than 10,000.

• Journal of the Korean Society of Safety
• /
• v.38 no.3
• /
• pp.77-84
• /
• 2023

Welding and cutting, which are representative tasks in handling firearms at industrial sites, are the basis for production and maintenance processes across all industries. They are also essential in the root industry. Specifically, they are widely used in the manufacturing industry, including equipment industries such as shipbuilding, automobiles, and chemicals, and subsequent maintenance work and general facility repair. However, such hot work carries a high fire risk owing to sparks scattering and inadequate management, resulting in a high occurrence of accidents. In response, the government and relevant organizations have recently revised the Occupational Safety and Health Act to prevent accidents during hot work. These revisions impose more stringent regulations than before, which are expected to help prevent actual fire accidents. However, whether the fire observer system, which is the core element of the revision, would be practically applied and maintained is unclear. Therefore, this study compared the fire observer system in the revised Occupational Safety and Health Act with those in the laws and systems of developed countries, conducted interviews with safety and health experts to assess the suitability of the new system for fire observer operations, and improvement plans were derived accordingly. Therefore, the laws and systems of developed countries grant more authority to fire observers compared with those of Korea. Moreover, professional training in handling emergency is required. Interviews with safety and health experts revealed that regardless of company size, the same operating standards were applied, and standards for deploying fire observers in various locations were unclear. Furthermore, there was a lack of professional education and training, and the role and authority of fire observers were limited. These findings revealed a problem in this sector. The results of this study are expected to serve as basic data for establishing a practical system for placing fire observers and supplementing laws, guidelines, and systems for preventing fire accidents.

• The Korean Society of Law and Medicine
• /
• v.17 no.1
• /
• pp.169-208
• /
• 2016

"Act on Remedies for Injuries from Medical Malpractive and Mediation of Medical Disputes)" has been enacted to solve medical dispute. In addition, mediation and arbitration procedures have started since April 8th, 2012 from the Establishment of Korea Medical Dispute Mediation and Arbitration Agency. The average initiation rate of mediation for the past three years turned out to be 43%. Hereupon, Establishment of Korea Medical Dispute Mediation and Arbitration Agency has created a solution for automatic initiation if relevant to particular conditions to improve initiation rate of mediation procedures and passed it through the Assembly plenary session in May, 2016 and promulgated on the 30th of the same month. However, even if mediation procedure initiation rate is increased, there is no guarantee for mediation establishment rate to be improved according to current law. If Establishment of Korea Medical Dispute Mediation and Arbitration Agency intends to increase aforementioned value, automatic initiation is not the only solution. Instead, it seems to be a major assignment to identify fundamental reasons for why major health care facilities have not participated in it and to restore reliability on them. In addition, among crimes specified on the Article 268 of Criminal Act in the Article $51^*$ of "Act on Remedies for Injuries from Medical Malpractive and Mediation of Medical Disputes)", revision must be made so that the clause of clue and death by occupational or gross negligence is applied. Furthremore, it is suggested to supplement previously insufficient policies with the operation so that mediation procedures created by Establishment of Korea Medical Dispute Mediation and Arbitration Agency are stably settled in the perspective of medical institutions including the establishment of new conditions for medical institutions founders or health and medical service personnel to claim the proxy payment for damage.

• The Korean Society of Law and Medicine
• /
• v.21 no.2
• /
• pp.3-33
• /
• 2020

Until recently the German and the South Korean medical associations reacted cautiously to the introduction of telemedicine between doctor and patient which is exclusively on the platform conducted. But the General Assembly of German Physicians voted to lift the ban on remote treatment with the amendment to Section 7 (4) MBO-Ä(Medical Association's Professional Code of Conduct) in 2018 and the situation has been fundamentally changed in Germany. From then until now 16 of 17 rural medical associations have changed their professional code to allow telemedicine. In addition the legislature started to prepare the basis for the introduction of the electronic health card (eGK) and the telematics infrastructure. So far, various laws such as Medicinal Products Act, Drug Advertisement Act and Social Code have been changed to support legalization of telemedicine and digitalization of health care. Unlike in Germany, the social circumstances such as excessive centralization of the big hospitals in Seoul and the resulting concern of small medical practices for profitability are the main obstacles to the introduction of telemedicine. However the German approach how to legalise the telemedicine and to prepare for legal and technical infrastructure is also interesting in South Korea. The discussions for and against the changes in the law and the telematics infrastructure attempted by the German government for several years indicate that not only lifting the ban on remote treatment, but also harmonization of all the related legal system could guarantee successful implementation of telemedicine.

• The Korean Society of Law and Medicine
• /
• v.24 no.2
• /
• pp.119-145
• /
• 2023

The Pharmaceutical Affairs Act stipulates medication counseling as an obligatory requirement in the case of preparation of medicine. In fact, there are many cases where pharmacists only tell patients the dose and time and do not properly guide them on taking medications. However, in light of the current situation where non-face-to-face treatment is being attempted, there is a high possibility of drug-taking accidents due to insufficient medication guidance. In addition, as an aging society progresses, the need for explanations on pharmaceuticals is increasing. If a pharmacist causes damage to a patient by failing to give appropriate medication guidance, the patient can claim compensation for damages. In addition, if a drug accident occurs due to a conflict between the pharmacist's duty to guide medication and the doctor's duty to explain, a joint tort is established between the pharmacist and the doctor. Nevertheless, there are cases in which only doctors are judged to bear the tort liability. However, the Pharmaceutical Affairs Act includes providing information for the selection of over-the-counter drugs in the medication guidance as part of the medication guidance obligation. Therefore, in order to reconsider the importance of the medication-taking guidance duty, it is necessary to define the medicationaking information provision method and the medication-taking guidance duty as separate concepts. In addition, it is necessary to amend related regulations centered on patients so that medication guidance, such as side effects of medicines and interactions with concomitant medications, can be made in detail.