• Title/Summary/Keyword: security of social rights

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A Study on Act on Certified Detective and Certified Detective Business (공인탐정 관련 법률(안)의 문제점과 개선방안에 관한 연구)

  • Kim, Bong-Soo;Choo, Bong-Jo
    • Korean Security Journal
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    • no.61
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    • pp.285-305
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    • 2019
  • In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

The assessment and political subject of Revised Security Industry Law (개정 경비업법의 평가와 정책과제)

  • Lee, Sang-Hun
    • Korean Security Journal
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    • no.36
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    • pp.349-386
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    • 2013
  • This research analyzes and evaluates The Korean Security Industry Law(TKSIL) putting the regulation of the present government about the private security industry. It nowadays becomes the important axis of the police services offered in the aspect of 'the national life safety' in connection with 'the materialization of society which is safe from the crime'. TKSIL is one of the national administration strategies which Park Gun-hye government aims on supervision policy. After seeking out the core values of the private security industrial policy which sets up in order to approach the national life safety which Park Gun-hye government aims, we make some assessments of this revised security industry law systematically. Particularly all keynote of policy about the private security of the police tried to be confirmed and the desirable direction of policy tries to be presented as to the security industry law application and real operation. In the site of organized civil complaint, the revised security industry law was revised as the direction which intensifies the administrative regulation as to the partial regulation such as it established the reason of the introduction of the arrangement license system. And grounds for disqualification of security instructor and guard, and rules of punishment is intensified order to intercept previously illegal and violent act of the security company etc. However it has the feature that it accomplishes 'the law principle(principle of statute)' the substantial portion through the effort of them changing a lot the content for the form of the law when being the clauses of the fundamental human rights limit, although it has been prescribed in "the security industry law enforcement ordinance" or "the security industry law enforced regulation". The security industry law revised this time brought from the change of the sharp policy through the revision of 17 clauses or new establishment. It can divide into 4 categorizes. (1) strictness of punishment in the site of organized civil complaint (2) Intensification of throwing out for the violation person in the private security business market time-limitedly (3) Intensification of the legal guide supervision power of police (4) upstream of the capital, name tag attachment under compulsion and the limit about other equipment use etc. Essentially "the security industry law" cannot help regulating the national interference of the private security and regulation with this content. However as to this interference and regulation, the limit has to be possible within reasonable range. As the history proved, excessive regulation by the country is not only due to bring the distortion of the security system of nation but also provoke national social cost. It can't be disregards ever that it premises the harmony which appropriate as well as reasonable in the socio-economic dimension for drawing the best combination that all things which get the compulsory education, it limits the person providing the private security service to the corporation, or it limits to the certificate of qualification holder are the ultimate for 'the safety of the national life'.

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A Study on the Support Policy for the Realization of Right to Learn of Youth Migrants in Korea: Focusing on Parents, Teachers and Experts (중도입국 청소년의 학습권 실현을 위한 지원방안 연구: 학부모, 교사 등 관계자를 중심으로)

  • Kim, HyunJin;Noh, Giseop
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.1
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    • pp.533-538
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    • 2021
  • The purpose of this study is to consider the perception, which education-related workers and parents have, associated with guaranteeing the right to learn for youth migrants in Korea. The study was especially intended to analyze the opportunities and adaptions of youth migrants and make policy suggestions accordingly. To this purpose, this study implemented one-on-one in-depth interviews with research participants to collect and analyze data. This research yielded four categories: initial settlement, social security support as a fundamental right, learning rights guarantees, and psychological support. Also, seven subcategories were elicited. The suggestions based on results are followings: first, the legal basis for learning support for middle-aged adolescents; second, curriculum composition for school maladjusted middle-aged adolescents; third, individualized support system; fourth, the active promotion of support systems such as information provision; fifth, the diversification of policy for psychological stability.

Study on the Solution to the Excessively Transferring Labor Forces in China's New Rural Building (중국 신 농촌 건설에 있어서 농촌 잉여 노동력에 대한 해결방안 연구)

  • Wang, Yong-Le;Fan, Ping;Sim, Moon-Bo
    • The Journal of the Korea Contents Association
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    • v.9 no.12
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    • pp.222-234
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    • 2009
  • How to make use of the surplus labor force is the key problem referring to success or failure of new rural building in China. The purpose of the paper is to know exactly that what the problems to the development in the rural area, especially the problem of the rural labor force. The way to solve rural labor force question is to protect the rights of peasants, eliminate the extant city and rural's partitioning pattern and give them the same treatment. Firstly, it should dominate the city and rural economic society's development; Secondly, it should dominate the markets in city and rural, and speed up the fair competition in employment; Thirdly, it should dominate the infrastructural facilities in city and rural; Fourthly, it should dominate the education and social enterprises in city and rural; Fifthly, it should dominate the social security system in city and rural. It should also enlarge the investment of funding, science technology, talented person and management. This is the only way to solve the problem of rural labor force outlet.

Methods of Regulating Migration Processes in EU Countries

  • Hamova, Oksana;Dergach, Anna;Pikulyk, Oksana;Zolotykh, Irina;Diachenko, Kateryna
    • International Journal of Computer Science & Network Security
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    • v.21 no.3
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    • pp.257-265
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    • 2021
  • Modern methods of regulating migration processes in EU states include a wide variety of adapted, transformed under the sway of globalization tools in order to influence the movement of human capital within the European space. The main purpose of the regulatory policy on migration flows is the redistribution of professionally competent professionals between different spheres of life. Herewith, the determining factor in the effectiveness of such distribution is a rational combination of stimulating and disincentive levers of influence on the movement of citizens of different EU countries and taking into account the motives of such mobility. Modernization of migration management approaches can be a major economic, social, political and cultural progress of European countries. The purpose of the research is to conduct a detailed analysis of existing practices of migration flow management, in particular their stimulation or containment, and to outline key migration trends formed under the influence of multicomponent approaches to migration regulation, transformation of regulatory legislation and changing priorities of modern society. The research methods: statistical-analytical method; ARIS method; method of tabular, graphical and analytical modeling; comparative analysis; systematization, generalization. Results. Current pan-European methods of regulating migration processes are insufficiently adapted to the multinational socialeconomic space; consequently, there are some disparities in the distribution of migrants between EU countries, although the overall dynamics of migration is positive. Fluctuations in the population of European countries during 2000-2019 and trends in the transformation of social-economic space confirm the insufficient level of influence of current methods of regulating migration flows. Along with this, the presence of a characteristic asymmetry in the distribution of migrants requires a greater focus on the modernization of regulatory instruments, in particular, the regulatory mechanism for managing migration processes. As a result of the conducted study, further prospects for the implementation of alternative methods of regulating migration processes in EU states have been outlined; the current and projected limits for increasing the level of observance of migrants' rights at the European level have been clarified through the adoption of appropriate regulatory acts; effective solutions for intensifying the influx of high-quality labor resources from different countries to EU have been identified. The research results can be used to study methods of regulating migration processes in the countries in the global dimension.

The Main Methodological Positions of Educational Institutions in the System of Educational Work of the Modern Information Space

  • Shumiatska, Oleksandra;Palamar, Nataliia;Bilyk, Ruslana;Yakymenko, Svitlana;Yakovenko, Serhii;Tsybulko, Liudmyla;Bida, Olena
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.272-278
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    • 2022
  • The article proves the idea that the protection and development of Ukraine as an independent, sovereign state requires the education of a patriot citizen who is able to live and work in a democracy, ensure the unity of Ukraine, feel constant responsibility for himself, his people, the country, and strive to make a real contribution to reform processes, especially in unstable, wartime. The main goal of educational institutions in the system of educational work of the modern information space is revealed. The tasks of patriotic education of the individual are presented. The content of patriotic education at the wartime stage and the main characteristics of the content of patriotism are substantiated. The main methodological positions that are taken into account in the construction of the structure and dynamics of the formation of civil responsibility of the individual are highlighted. The structure of civic responsibility as an integral system of the modern information space is drawn, which includes three subsystems that characterize the natural, social and systemic qualities of citizenship, interconnected hierarchically and synergistically. The components of the structural part of the model of civil culture of the individual in the modern information space are analyzed.Modern modernization of the education system in the modern information space, which has led to the emergence of a new type of Educational Institutions, requires the search for new pedagogical technologies that can ensure the formation of a patriotic citizen with an active civic position, which involves not only mastering students' knowledge about the rights and obligations of citizens, convincing them of the expediency of democratic transformations of society, the formation of high moral and strong-willed, patriotic qualities and feelings, but also identifying motivated civic actions, actions that are necessary during martial law in Ukraine.

A Study on Medical-criminal Problem of Withdrawing Life-Sustaining Treatment (치료중단행위에 대한 의료형법적 고찰 -의학적 충고에 반한 퇴원 사례를 중심으로-)

  • Cho, In-Ho
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.319-382
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    • 2008
  • As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

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Film and the Politics of Post-memory in Chile's No and Korea's The Attorney (칠레의 와 한국의 <변호인>, 영화와 포스트메모리의 정치)

  • Park, Jungwon
    • Cross-Cultural Studies
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    • v.44
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    • pp.29-58
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    • 2016
  • 'Post-memory' is the act of remembering traumatic events in history by subsequent generations who have not had direct experiences or relations with them. For this reason, the narratives of 'post-memory' are considered as re-interpretations of the past deeply influenced by current perspectives and concerns. The Chilean film NO goes back to the Referendum of 1988 in order to examine the "NO campaign" which was opposed to another eight years of continuation of the Pinochet regime. Although this campaign contributed significantly to the Chilean democratization, the filmmaker does not just celebrate it: rather he attempts to cast a critical reflection on its strategies that eventually turned democracy into a "commodity" by deploying commercial language and marketing tools for characterizing and describing it. On the other hand, the Korean movie The Attorney sheds light on the story of an attorney who, during the military regime in the 1980's, became a human rights lawyer when he tried to advocate for university students accused of violating national security law. This film reconstitutes the meaning of democracy built upon the logic of "common-sense" that privileges freedom and fundamental human rights over Statism. Despite the different historical contexts between Chile and South Korea, these two movies retell the history of a dictatorship that ended a couple of decades ago. In doing so, they raise questions about history, memory and democracy in order to deepen the understanding of current social and political circumstances while placing an emphasis on the roles and responsibilities of intellectuals during the transition to democracy and democratic consolidation.

Improvement Plan of the Korean Electronic Medical Record (우리나라 전자의무기록의 개선방안)

  • Choi, Chan-Ho
    • Journal of Society of Preventive Korean Medicine
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    • v.18 no.3
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    • pp.11-21
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    • 2014
  • The rapid development and distribution of information communication industry facilitates the changes of hospital administration, introducing EMR(Electronic Medical Record) instead of paper-based medical record in the medical field. The developed countries such as U.S. have established EMR system after in the middle of 1970s because the primary advantages of EMR is to store and handle vast amounts of records efficiently and increase the quality of health care. Most of health organizations in Korea also apply medical record system to their administration. As the result, they have accomplished a scientific administration system through the use of medical record to handle a variety of patient's information including patient's confidentiality and privacy such as family history, social status, income level, and so on. However, access to and the misuse of EMR causes illegal infringement of patient's information and finally it becomes a very serious medical issue. Potential leakage and misuse of records may seriously infringe patient's privacy rights. In this respect, the related agencies in the public and private sector have been making efforts to prevent patient's records leakages. Especially, the revision bill of Medical Law in 2002 establishes the ways on the security and standards of electronic records. However, it does not provide the proper guidelines which is applied to the rapid changes of the medical environment. One of the most priorities in the hospital administration is the production and maintenance of an accurate medical records fulfilled by medical recorders. Therefore, it is very important for health care providers to hire ethical-based medical recorders. But, unfortunately most of hospitals overlook the importance of their roles. All parts including government, physician and patient must have more concerns on the problems related to EMR. Therefore, this study aims to propose the proper ways to resolve the problems coming from EMR.

An Empirical Analysis on the Compromised Delivery Model of Traditional Market Using Delivery Application (배달앱을 활용한 전통시장 배송 모형에 관한 실증분석)

  • YOO, Chang-Kwon;KIM, Gi-Pyoung
    • The Journal of Industrial Distribution & Business
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    • v.10 no.10
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    • pp.45-51
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    • 2019
  • Purpose - The purpose of this study was to propose a win-win development plan for not only suppliers of delivery applications but also traditional market vendor companies and delivery riders by analyzing existing delivery models and presenting a new delivery model to enhance competitiveness of the traditional market using delivery apps. Research desgin, data, and methodology - Specifically, small retailers, such as traditional markets and supermarkets, presented a compromised delivery model that utilizes the platform of specialized delivery app service providers for order reception, and that the delivery is delivered by delivery systems jointly hired by Vendor companies, such as franchising companies. To validate the significance of the trade-off delivery model, a cost-benefit analysis was conducted by those involved in the delivery application. Results - From the perspective of suppliers of specialized delivery applications, it is analyzed that the use of specialized delivery applications in traditional markets will be a new market opportunity for service providers to achieve increased sales. It is expected that consumer choice and satisfaction will be increased as convenience and accessibility of traditional market businesses that were available only through direct visit from the user side of the delivery application will be expanded. From the standpoint of delivery application franchises, it is analyzed that they can seek to increase sales and increase customer service as well as ease labor cost burden due to joint employment of delivery riders. The delivery rider will be able to seek to improve customer service due to job security, wage stability, risk reduction and overheated competition due to direct employment. Conclusion - In conclusion, the compromised delivery model solved the problems raised in the preceding study conducted on delivery application suppliers, users, franchises, and riders to establish that it could be a strategic alternative to increasing sales and expanding detailed rights for the self-employed in the traditional market, which are experiencing difficulties in management. However, the adoption of a compromise delivery model requires social consensus from those involved in the delivery application and requires legal, institutional and policy support, which will require continued follow-up research on the delivery model in the future.