• Title/Summary/Keyword: self-enforcement

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A Study on Cost Problem in Adult Guardianship System (성년후견제도에서의 비용문제에 관한 소고)

  • Jeon, Byeong-Joo;Cho, Do-Yeon
    • Journal of Digital Convergence
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    • v.11 no.9
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    • pp.1-11
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    • 2013
  • The adult guardianship system took effect from July 2013, to protect adults who need protection due to insufficient ability to judge. Even though many problems are founded in countries like France and Japan which perform Adult guardianship system, they are promoting practical settlement of system and protection of the adults requiring protection through continuous supplementation of system. It is essential to solve cost problem for successful establishment of adult guardianship system because reasonable control of social security expenditure, in an aging society, is a common task for all countries. Therefore, in this study, cost problem occurred in the enforcement of adult guardianship system is to be examined and through these findings, several strategies were suggested to solve it in Korea.

Recent Trends and Use of International Commercial Mediation in The Area of Intellectual Property Rights - Focused on the WIPO Mediation (지식재산권 분야의 국제상사조정제도와 활용 - WIPO조정을 중심으로)

  • YI, LORI
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.77-98
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    • 2021
  • International commercial mediation of intellectual property rights fully meets the interests of the parties in such disputes in terms of their needs for neutral forum of dispute resolution, cost-effective settlement, objective opinion of relevant experts, internationally enforceable solution. In addition, as a procedural flexibility, respected self-determination of the parties, exploration of possible creative business solutions, maintenance of business relationship and confidentiality of mediation are major characteristics which can be competitively differentiated from the lawsuit or arbitration. The settlement agreement as a result of the WIPO mediation has an effect of contract while the settlement agreement as a result of most domestic ones has an effect of judicial reconciliation which can be domestically enforced. The latter is not subject to the application of the Singapore Convention on Mediation which establishes a harmonized legal framework for the right to invoke settlement agreements as well as for their enforcement. The WIPO international mediation system and its experience may be a good reference for Korea to take an initiative to establish a globally competitive international mediation system in the area of intellectual property rights.

Legal Issues in the Introduction of Compelled Decryption According to Device Unlock Limits

  • Chohee Bae;Sojung Oh;Sohyun Joo;Jiyeon Joo;KyungLyul Lee
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.17 no.2
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    • pp.591-608
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    • 2023
  • With the emergence of advanced encryption technologies such as Quantum Cryptography and Full Disk Encryption, an era of strengthening information security has begun. Users respond positively to the advancement of privacy-enhancing technology, on the other hand, investigative agencies have difficulty unveiling the actual truth as they fail to decrypt devices. In particular, unlike past ciphers, encryption methods using biometric information such as fingerprints, iris, and faces have become common and have faced technical limitations in collecting digital evidence. Accordingly, normative solutions have emerged as a major issue. The United States enacted the CLOUD Act with the legal mechanism of 'Contempt of court' and in 2016, the United Kingdom substantiated the Compelled Decryption through the Investigatory Powers Act (IPA). However, it is difficult to enforce Compelled Decryption on individuals in Korea because Korean is highly sensitive to personal information. Therefore, in this paper, we sought a method of introducing a Compelled Decryption that does not contradict the people's legal sentiment through a perception survey of 95 people on the Compelled Decryption. We tried to compare and review the Budapest Convention with major overseas laws such as the United States and the United Kingdom, and to suggest a direction of legislation acceptable to the people in ways to minimize infringement of privacy. We hope that this study will be an effective legal response plan for law enforcement agencies that can normatively overcome the technical limitations of decoding.

Qualitative Analysis for the Influences of Emotion Freedom Techniques (EFT) Group Treatment Program for Hwa-Byung Patients (EFT 집단치료 프로그램이 화병환자에게 미치는 영향에 대한 질적분석)

  • Song, Seung-Yeon;Lee, Jung-Hwan;Suh, Jin-Woo;Kwon, Chan-Young;Kim, Jong-Woo
    • Journal of Oriental Neuropsychiatry
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    • v.25 no.1
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    • pp.29-38
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    • 2014
  • Objectives: The objective of this study is to examine the effects of Emotion Freedom Techniques (EFT) group treatment program for Hwa-byung patients. Methods: Thirteen Hwa-byung patients have participated in the four weeks program of EFT group treatment and the program was executed once a week, for about one hour. After every session, the participants performed EFT by themselves in order to control their symptoms. Four weeks after the program ended, we interviewed the participants by using the semi-structured interview method to observe changes of Hwa-byung. All the data collected was summarized through the qualitative analysis method. Results: Results showed effects of the EFT group treatment program, with regards to the physical, cognitive and emotional aspects. Most of the participants experienced reliefs of Hwa-byung symptoms like chest tightness, hot flashes, insomnia and so on. Their ability to cope with stress improved and their re-experiences of past memories decreased. And their distorted self-images were also restored. Lastly, there was a decrease in negative emotions and an increase in positive emotions experienced by the participants. The participants could control their symptoms by performing self-enforcement. In addition, regarding the form of group therapy, the treatment was effective as it helped the participants to feel solidarity and social support. Conclusions: The EFT group treatment program can relieve the physical, cognitive and emotional symptoms of Hwa-byung. This program can be applied to the psychotherapy of Hwa-byung.

A Study on the Production Adjustment and Price Support Program of Sea Mustard Aquaculture (미역양식업의 생산조정과 가격지지)

  • 강종호;진상대
    • The Journal of Fisheries Business Administration
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    • v.32 no.2
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    • pp.73-89
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    • 2001
  • The market conditions of sea mustard is changing by overproduction, decreasing price, Import of blanched and salted sea mustard from China into Korea domestic market and increasing market share of sea mustard of China in Japan. In addition, the price support program in sea mustard aquaculture must be modified due to the restriction of domestic support by international organization such as WTO. There are two ways to solve those problems. First is that finding a way to solve the overproduction of sea mustard. One of possible ways is the production adjustment by Marketing Order. Second is that finding an alternative way to replace price support program. The possible way is Direct Payment instead of purchase stockpile system. To introduce marketing Order, outlook center, organization of self-management, production adjustment through output control measure, improvement of market structure, and education/publicity arc necessary. Also, to implement marketing order, setting a model business by government is required. There are two steps for implementation of marketing order. First step is to construct Order Committee including organization of producer, people related marketing. However, this committee must run by government for certain short-term. Second step is to improve quality of product and acceleration of demand. At visual point that enforcement of the first step is completed, government has process that government transfers Order Committees self-correcting. It is desirable that government only conduct the support acts such as quality improvement and acceleration of demand. Also, at early stage it is necessary to have aid system for marketing order For example, we can expect that income increase by production adjustment in long run. However, in short run the income of producer may decrease so, it is required to compensate his economic lose. For compensation, The useful means that can be utilized is direct payment. Direct payment is not continued policy. Also, when production adjustment policy such as Marketing Order has effective results, Direct Payment as an assistant measure must be reduced or abolished. Therefore, when production adjustment acts as an effective tool to control overproduction, Direct Payment system.

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Suggestions for Improvement of Youth Internet Regulation: Focusing on Youth Internet Regulation of the Major Country (청소년 인터넷규제 개선방향에 대한 제언: 주요국의 청소년 인터넷규제를 중심으로)

  • Song, Eun-Ji
    • The Journal of the Korea Contents Association
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    • v.13 no.11
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    • pp.690-698
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    • 2013
  • Advanced digital environment, ease of life would bring significant benefits, but rather indiscriminate access to information have occurred new social problems. Especially the youth and children using the Internet to increase in population resulting from harmful information on the Internet, concerns about the negative impact increases establish policies for the protection of youth and children emphasizes the importance of various activities international community. Despite major countries aim to self-regulation minimize the direct regulation through collaboration with the private sector cultivation and campaign, continuing education, Korea was analyzed that implement direct and coercive enforcement regulations such as 'internet game shut down' and insufficient social infrastructure to create activities. Therefore, in order to create a positive internet environment, self-regulation is essential with private experts and organizations based on cooperation and indirect regulation.

Legal and Historical Evaluation on the Korea-Japan Fisheries Agreement of 1965 (1965년 한(韓)-일(日)어업협정(漁業協定)의 법적(法的)·역사적(歷史的) 검토(評價))

  • Choi, Jong-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.11 no.2
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    • pp.150-183
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    • 1999
  • Korea-Japan Fisheries Agreement concluded in 1965 made a contribution to the stable development of fisheries relationship for both countries until the year of 1980. From the time on thereafter a series of respectable fishery disputes occurred throughout the period of fisheries self-regulation in accordance with alteration of home and abroad conditions. And both countries marched into a cooperation era by enforcement of the new fisheries agreement from the 23 January 1999, because the Fisheries Agreement system of 1965 had many limitations to settle the fundamental fisheries problems. In this paper, the author carried out the legal interpretation, arrangement of historical facts and evaluation of actual results of the Korea-Japan Fisheries Agreement of 1965. The key contents of the Fisheries Agreement were the establishment of 12-nautical mile exclusive fishery zone and the joint-control fishery zone under the principles of maintenance of MSY for fishery resources, freedom of high seas and mutual cooperation. The legal foundation of the conclusion of the Fisheries Agreement were the San Francisco Peace Treaty of 1952 and the four International Conventions on the Law of the Sea of 1958. During the 33 years, the fisheries power of Korea made a rapid stride, on the other hand that of Japan was almost stagnated. And in the meantime, there were very important development on the international law of the sea, for instant, the settlement of 12-nautical mile territorial sea regime and the establishment of 200-nautical mile exclusive economic zone regime. Annual meetings of the Joint Fisheries Committee were not successful to fill the role for conservation of fishery resources. The Fisheries Self-Regulation Agreement concluded in 1980 was also insufficient to accept the new international regime on the law of the sea, for that reason it was terminated on 23 January 1999. But it is true that the Fisheries Agreement of 1965 made a contribution to normalization of fisheries relationship between both countries and fisheries development of Korea.

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End-of-Life Care Practice in Dying Patients after Enforcement of Act on Decisions on Life-Sustaining Treatment For Patients in Hospice and Palliative Care or at the End of Life : A Single Center Experience

  • Jin, Sol;Kim, Jehun;Lee, Jin Young;Ko, Taek Yong;Oh, Gyu Man
    • Journal of Hospice and Palliative Care
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    • v.23 no.2
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    • pp.93-102
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    • 2020
  • Purpose: The Act on Hospice and Palliative Care and Decisions on Life-Sustaining Treatment for Patients at the End of Life came into force in February 2018 in Korea. This study reviews the practices of end-of-life care for patients who withdrew or withheld life-sustaining treatment at a tertiary care hospital, addresses the limitations of the law, and discusses necessary steps to promote patient-centered self-determination. Methods: We retrospectively analyzed the medical records of patients who died after agreeing to withhold life-sustaining treatment in 2018 at our university hospital. The cause of death, the intensity of end-of-life care, and other characteristics were reviewed and statistically analyzed. Results: Of a total of 334 patients, 231 (69%) died from cancer. The decision to stop life-sustaining treatment was made by family members for 178 patients overall (53.3%) and for 101 (43.7%) cancer patients, regardless of the patient's wishes. When the patient decided to stop life-sustaining treatment, the time from the authorization to withhold life-sustaining treatment to death was longer than when the decision was made by family members (28.7±41.3 vs 10.5±23.2 days, P<0.001). Conclusion: In many cases, the decision to discontinue life-sustaining treatment was made by the family, not by the patient. In order to protect human dignity based on the patients' self-determination, it is necessary for patients to understand their disease based on careful explanations from physicians. Ongoing survey-based research will be necessary in the future.

A Study on the Development of Weight Controlling Health Behavioral Model in Women (여성의 체중조절행위 모형 구축)

  • Jeun, Yeun-Suk;Lee, Jong-Ryol;Park, Chun-Man
    • Korean Journal of Health Education and Promotion
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    • v.23 no.4
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    • pp.125-153
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    • 2006
  • This study was intended to describe women's weight controlling by creating a hypothetic model on the weight adjustment behavior and by examining a cause and effect relationship, and to contribute to countermeasures for practicing their promotion of health and improving the quality of life through creating a predictable model. The subject of study was women who utilize the beauty shop located in Seoul, Busan and Daegu and the study period was 12 weeks from July 10 to September 30 in 2004. Gathered 1093 person's general specialty related with weight adjustment and analyzed covariance to prove the hypothesis using statistics compiled from authentic sources. Also proved coincidence of the hypothetical model. Exogenous variables of the hypothetical model are composed of recognition of her body shape, fatness level, age, stress, and self-respect. Endogenous variables are health- control mind, recognized health state, self-efficacy, intention, and behavior of weight adjustment. There were 5 measured variables for exogenous variable(x). There were 8 measured variable(y) for exogenous variable. And coincidence $x^2=297.38$, standard $x^2(x^2/df)=7.08$, GFI=0.962, AGFI=0.917, NFI=0.875, TLI=0.794, CFI=0.889, RMSEA=0.075. The result of hypothesis had an epoch-making record that 20 out of 27 hypothesis was proved positive way. Generally weight adjustment has been highly seen in housewives, the married and the old age. Health control mind seems to be high as fatness level, age, and self-respect are high and low stress. Recognized health state is high as age and self-respect are high and low stress. However, it is not much related with recognition of her body shape and fatness level. If age, self-respect, health control mind, recognized health state and self-efficacy are high intention of behavior is also high, but intention of behavior has no relation with recognition of her body shape, fatness level and stress. If fatness level, age, self-respect, health control mind, recognized health state and self-efficacy and intention of behavior are high, execution of weight adjustment will be high. However, recognized health state and stress has no influence for weight adjustment. To increase the coincidence of hypothesis and take a simple model I modified a model and then I got the coincidence $x^2=215.62$, standard $x^2(x^2/df)=6.34$, GFI=0.970, AGFI=0.931, NFI=0.902, TLI=0.901, CFI=0.915, RMSEA=0.070. This result is a bit better than original hypothetical model's so that this model might be more suitable. In this modification model, the factors of weight adjustment seems to be high according to this order self-efficacy, recognized health state, age, intention, health control mind, self-respect, fatness level and stress. With this result I suggest ; 1. Enforcement of IR that everybody can be controlled weight adjustment herself and continuous education, which is related with regular habit (food, exercise, restriction of a favorite food and behavior training etc.) is also needed. 2. Because self-efficacy is influenced to execution of weight adjustment specific program which can increase self-efficacy should have to develop and we need to utilize it to take care of herself. 3. To protect fatness and be active weight adjustment the peculiar program including the concept of self-respect, recognized health state, health control mind and intention must be developed and not only women but also all of people should be educated. 4. This hypothetical model is forecasting women's weight adjustment behavior and can be utilized for fundamental data to increase those people's health.

The Employee's Information Security Policy Compliance Intention : Theory of Planned Behavior, Goal Setting Theory, and Deterrence Theory Applied (조직구성원의 정보보안 정책 준수의도: 계획된 행동이론, 목표설정이론, 억제이론의 적용)

  • Hwang, In-Ho;Lee, Hye-Young
    • Journal of Digital Convergence
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    • v.14 no.7
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    • pp.155-166
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    • 2016
  • In accordance with the increase of the importance of information security, organizations are making continuous investments to develop policies and adapt technology for information security. Organization should provide systemized support to enhance employees' security compliance intention in order to increase the degree of organization's internal security. This research suggests security policy goal setting and sanction enforcement as a method to improve employees' security compliance in planning and enforcing organization's security policy, and verifies the influencing relationship of Theory of Planned Behavior which explains employee's security compliance intention. We use structural equation modeling to verify the research hypotheses, and conducted a survey on the employees of organization with information security policy. We verified the hypotheses based on 346 responses. The result shows that the degree of goal setting and sanction enforcement has positive influence on self-efficacy and coping efficacy which are antecedents that influence employees' compliance intention. As a result, this research suggested directions for strategic approach for enhancing employee's compliance intention on organization's security policy.