• Journal of applied mathematics & informatics
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• 제26권1_2호
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• pp.395-400
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• 2008

Although the properties of flatness and condition (E) for Sacts over a monoid S are incomparable, Liu([10]) showed that necessary and sufficient condition for a monoid S over which all left S-acts that satisfy condition (E) are flat is the regularity of S. But the problem of describing a monoid over which all cyclic flat left S-acts satisfy condition (E) is still open. Thus the purpose of this paper is to characterize monoids over which all cyclic flat right S-acts satisfy condition (E).

• 보건행정학회지
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• 제22권3호
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• pp.315-346
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• 2012

The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

• 의료법학
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• 제9권1호
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• pp.413-459
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• 2008

The Law has intervened to define rare circumstances in which a person should choose continuing life in United States. On the one hand, the law has traditionally acted to preservelife and to respect the sanctity of life. On the other hand, one's control over one's own body, and the right to determine what kind of medical care one will receive, is equally well respected and historically grounded. The competent patients have the right to forgo life-sustaining treatment, courts in United States have left many unanswered questions about the nature of that right. The right to choose to forgo life-sustaining treatment is a manifestation of a patient's autonomy interest. In United States, The Karen Quilan case gave rise to legislative activity in the host of state capitals, and several states had adopted statutes that formally recognized some forms of written directives describing some circumstances in which certain kinds of medical care could be terminated. These statues were sometimes dominated 'living will' acts, sometimes 'right to die' acts and ocasionally 'natural death' acts. Today virtually every state has produced a living will statue. In Korea, courts do not permit a terminally ill person to withhold or withdraw life-sustaining treatment. Living wills apply in case of terminal illness owing to a defect in legislation. Now In Korea, these lively dispute of legal policy on the preconditions and concrete procedure of living will act and natural death act. Through the legislation of living will act and natural death act, we should prepare some circumstances to respect patient's autonomy on the right to die. We should frame the cultural standard to make a decision of forgoing life-sustainin1g treatment under the discreet procedure.

• Korean Journal of Mathematics
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• 제20권4호
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• pp.423-431
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• 2012

There have been some study characterizing monoids by homological classification using the properties around projectivity, injectivity, or regularity of acts. In particular Kilp and Knauer([4]) have analyzed monoids over which all acts with one of the properties around projectivity or injectivity are regular. However Kilp and Knauer left over problems of characterization of monoids over which all regular right S-acts are (weakly) at, (weakly) injective or faithful. Among these open problems, Liu([3]) proved that all regular right S-acts are (weakly) at if and only if es is a von Neumann regular element of S for all $s{\in}S$ and $e^2=e{\in}T$, and that all regular right S-acts are faithful if and only if all right ideals eS, $e^2=e{\in}T$, are faithful. But it still remains an open question to characterize over which all regular right S-acts are weakly injective or injective. Hence the purpose of this study is to investigate the relations between regular right S-acts and weakly injective right S-acts, and then characterize the monoid over which all regular right S-acts are weakly injective.

• 아동학회지
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• 제36권1호
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• pp.125-146
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• 2015

The "Child Care and Education Policy(CCEP)" is important because it is responsible for providing 'care and education service' to young children in their 'most sensitive period' of human development. In reality, however, children's rights can only be sanctioned by adults and their rights are recognized at the level of abstraction. This study analyzes the 'Child Edu-care Act(CEA)' first enacted in 1991 from the 'perspective of children's rights', especially in terms of the rights of infants and preschoolers. In order to assess the CEA's "children's rights guarantee level", this study developed a number of standards based on the "UN Convention on the Rights of the Child(CRC)" and other documents. The results revealed that "children's rights guarantee level" was assessed against 4 categories ('Right to Survival and Development', 'Right to Welfare', 'Right to Education', and 'Right to Proper Care'), and the CEA(1991) was found to have a high guarantee level although it was enacted before Korea's ratification of the CRC. The results of this study can serve as a useful reference point for detailing children's rights and suggesting regulation standards for the CCEP.

• 한국산업보건학회지
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• 제25권4호
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• pp.433-445
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• 2015

Objectives: The major objectives of this study are to review the issues surrounding trade secret claims in the Chemicals Control Act and Amendment on Occupational Safety and Health Act(1917-227) and to propose a way of improving the reliability of chemical information in MSDSs, labels and National Chemical Survey results. Materials: To review the issues on trade secret claims, we made an analysis frame which was divided into three steps: Value and Problem Recognition; New Regulation Design; and Enforcement and Amendment. We then compared Korean issues with issues from the United States' Hazard Communication Standard and Emergency Planning & Community Right-to-Know Act, Canada's Workplace Hazardous Materials Information System and Hazardous Materials Information Review Act and the European Union's Regulation on Classification, Labelling and Packaging of substances and Mixtures. Results: The stage of right-to-know development in Korea has passed the Value and Problem Recognition phase, so efforts are needed to elaborately design new regulation. Conclusions: We recommend two ways to improve right-to-know in Korea. First, strict examination of the quality of documents for trade secret claims is very important. Second, trade secrets should be limited to less-hazardous substances.

• 무역상무연구
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• 제28권
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• pp.3-36
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• 2005

Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.

• 한국산업보건학회지
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• 제32권2호
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• pp.89-101
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• 2022

Objectives: By comparing and examining how important issues concerning industrial health information for workers are viewed in other advanced countries, it is intended to ascertain problems in the approach found in Korean legislation and obtain legal and policy implications. Methods: The results of a survey were introduced and analyzed through a comparative method for each case after investigating in detail what and how important issues surrounding workers' right to know industrial health information are reflected in the legislation of Germany, the U.S., the U.K., and Japan. Based on the results of this comparative analysis, theoretical and policy implications and legal policy improvement tasks were drawn to strengthen workers' right to industrial health information for each case in Korea. Results: For access to industrial health information, most of the other advanced countries clearly stipulate a right to access for current and past workers and/or their representatives. As a result, workers or their representatives do not need to use the Information Disclosure Act to access exposure records, and there is no debate over the Information Disclosure Act. In other words, industrial health information is focused on ensuring free access to workers or their representatives and is not interested in reporting it to the government. Conclusions: In order to strengthen workers' right to know about industrial health, it is most important to address the legal issues related to this right, which is considered insufficient by comparative law. This should start with a concrete and effective definition of what and how to guarantee workers' rights to industrial health, such as the right to freely access industrial health information, including for retired workers and bereaved families of deceased workers.

• 한국컴퓨터정보학회논문지
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• 제17권8호
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• pp.135-144
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• 2012

주택임대차보호법 제8조1항에서 인정하고 있는 최우선변제권은 임차주택에 대하여 임차보증금이 일정금액이하인 소액 임차인의 경우에는 보증금 중 일정액을 선순위 조세채권 및 담보물권자 보다 우선하여 경매절차에서 우선 변제 받을 수 있는 권리로서 임차인 중 특별히 보호가 필요한 무주택 서민들을 위하여 기존의 사법질서를 무시하고 담보물권자들의 이익을 해치면서까지 인정되는 법정담보 권리이다. 그러나 최우선변제권은 법이 예상하고 있는 무주택 서민들의 주거생활의 안정을 기하는 순기능도 가지고 있지만 반면에 법이 인정한 특혜적인 보호를 악용하여 경매절차상 여러 이해관계인들에게 피해를 야기하는 역기능도 적지 않는바, 이에 대한 개선방안을 본 연구에서 제시하고자 한다.

• 한국IT서비스학회지
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• 제19권4호
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• pp.109-124
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• 2020

In 2012, Psy's music video 'Gangnam Style' spread through parodies, and gained explosive popularity. In 2016, there was a case so-called as 'baseball ground cheering song' in which a author(songwriters) claimed an infringement of the 'right of integrity' related to cheering songs used by professional baseball teams. In response, the court denied violating the right of integrity in 2019. These cases have different effects depending on whether or not the 'right of integrity' is claimed. This study attempted an economic analysis in addition to a legal analysis of the right of integrity. Korean copyright law regards even simple changes that go against the author's will as a infringement of the 'right of integrity' even if they do not harm honor or reputation. Such legislation is one of the most strongly protected forms in the world, so it cause many problems. Meanwhile, we analyzed the cost-benefit analysis of Psy's 'Gangnam Style' case and the 'baseball ground cheering song' case. As a result of the analysis, the right to integrity is inefficient in quantitative and qualitative aspects. Therefore, the right of integrity should be reconsidered with the focus on 'popular music'. In particular, considering the development of information communication technology and changes, a revision direction is needed to meet the purpose of the copyright act. Furthermore, in order to solve the legal issues under the Copyright Act, the requirement for infringement of the right of integrity should be relaxed. Then, we proposed the establishment of a proviso clause on the right of integrity.