• The Korean Society of Law and Medicine
• /
• v.9 no.1
• /
• pp.285-317
• /
• 2008

To accept the doctor's professional negligence in the medical malpractice, the mistakes, by which the doctor did not foresee the production of the results in spite of the possibility of foresight and did not avoid the production of the results in spite of the possibility of avoidance, must be considered, and to decide the presence of the doctor's professional negligence, the standard must be the attention standard of general-common doctor engaged in the same business and the same function, and the medical enviornments, the conditions, the extraordinary nature of medical behavior, and etc should be considered by the general level of medical science at the time of accident. This principlel must be applied to the medical malpractice case occurred being on duty without exception. But, because of the extraordinary nature of duty work, it is difficult for any doctor to do one's best technical practice by making all diagnosis, medical treatment with all the equipment on the same plane as the ordinary times. That cannot be also expected for any doctor to do one's best technical practice in the terms of a social idea. From this point of view looking into The Precedent case related to Medical-service person being on duty sentenced by The Supreme Court, unlike the general medical malpractice case, the presence of the professional negligence in the medical malpractice occurred being on duty seems to be decided with more consideration on the general level of medical science, the medical enviornments and the conditions, particularities of medical practice at the time of accident. Especially, the extraordinary nature of medical behavior of the medical service person being on duty in the emergency room seems to be admitted compared to that of the medical service person being on duty in ward.

• The Journal of the Korean dental association
• /
• v.48 no.1
• /
• pp.12-18
• /
• 2010

We had our share of success in the dental industry in 2009, but we also had our bits of problems. I regret that our still unsolved bits of problems were some of the more important issues in dentistry. We have tried our best with passion, but we faced many limitations. I hope in expectation, that we analyze these problems so that we may overcome them. I hope that the Korean Dental Association be equipped with valid evidence in decision making procedures corresponding to social justice, heighten our dentists pride by respecting the law and fulfill our duty as national oral health caretakers. The Korean Dental Association claims the goal as ${\AE}$Your Dentist, World Best, World Best Dentist with the people$^{\circ}\phi$ and the association should establish related policies and should be able to execute them. Also the association should be able to manage and execute the duties presented in the association regulations, thus, the importance of duty division according to profession must be emphasized.

• Journal of the Korea Safety Management & Science
• /
• v.12 no.3
• /
• pp.61-72
• /
• 2010

Judgment of cerebral and cardiovascular diseases arising out of duty follows the legal judgment method for the purpose of investigation of medical causes based on the Industrial Accident Compensation Insurance Act, with the characteristics of the occurrence as personal factors etc. act as risk factors while work-related ones as triggers, in the case of disease due to occupational cases, as whether it arose out of duty must be judged including even the individual's personal risk factors, there are limitations securing fairness even with existing laws, regulations and guidelines. This study was carried out to suggest basic data for the preparation of standardized guidances for diseases arising out of duty by reviewing the standards for the acknowledgment of cerebral and cardiovascular diseases due to occupational cases, and it has a significance in that it suggests target diseases that may be judged as cerebral and cardiovascular diseases, legal criteria for the acknowledgment and standards for the judgment of cerebral and cardiovascular diseases arising out of duty.

• 기호학연구
• /
• v.55
• /
• pp.169-193
• /
• 2018

This paper deals with the formation and communication of negative emotions in war focusing on Ganyangnok(看羊錄). To this end, attention is paid to modal structure of the negative emotions that can be experienced in war and discourse strategy to maintain resilience. The subject of Ganyangnok is in a situation where personal 'will'(want) and social 'duty'(must) are frustrated during the Japanese invasion of Imjinwar. At this time, the subject experiences mental depression conditions such as loss of existence and anxiety through the frustration of personal will and anger and hostility to external objects through frustration of social duty. Then the subject develops resilience to write poetry about negative emotion and to write about the process of proving the legitimacy of existence. In other words, the subject recovers the negative emotions experienced in the war through writing. Through the above discussion, this paper can analyze the negative emotions surrounding the subject logically through 'modal structure' and can see the restorative writing which appeared differently according to the 'modal structure'. This can provide new perspectives on the situation in which the subject is placed on the restorative writing about negative emotions in various contexts.

• Journal of the Korean Institute of Navigation
• /
• v.19 no.2
• /
• pp.77-97
• /
• 1995

The protection of the marine environment is one of the main international legal problems in recent years. In parallel with the industrial development, a great quantity of chemical materials were used and in consequence, mass transportation of oil and other dangerous materials was required on the one hand, and discharge of industrial wasters drew also the attention on the other hand. Furthermore, oil tankers accidents, mass use of nuclear materials, sea-bed exploration and exploitation stimulated further deep human concern on the marine environment. The expansion of international concern to new and more dangerous sources of marine pollution regarded more strict and legal control on the Oil Tanker(DWT 95, 000tons, Cb=0.805) model. Calculation results are compared to the international, especially regional level. In particular, this study is concerned with the preservation of the Northeast Asian Seas surrounded by Japan, the Russian Far East, South Korea, North Korea, China and Taiwan. These adjacent countries must intensify cooperation regarding the prevention, reduction and control of the contamination of the sea. And this cooperation between the States concerned should, as much as possible, be aimed at maximizing the effectiveness of measures to prevent or abate transboundary environmental pollution. To achieve this purpose, States concerned should be imposed upon duties such as duty to assess the environmental impact, duty to inform, duty to consult and duty to assist on the basis of general principle of international law, international customary law and other various resolutions of international bodies. Depending on the nature and extent of actual or potential transboundary pollution with the use of a natural resource or the environment in general the establishment of some form of institutionalized cooperation between the States concerned may become useful or indispensable. The functions of this Organization are, inter alia, to keep the implementation of the Convention and the protocals under continuous observation, to make recommendations on regional or sub-regional rules and standards to be elaborated and on measures to be taken by the Contracting Parties, to be notified of any grave and imminent danger from pollution or threat of pollution by the Contracting Parties and to promote in close cooperation with appropriate governmental bodies additional measures to protect the marine environment of the Northeast Asian Seas, and so on. Above mentioned countries, first of all, are located within the Northeast Asian Seas geographically and, therefore, take responsibilities of preserving the clean sea against marine interferences regardless of any difference of the social, political and economic systems. They must be followed under the UNCLOS and other marine conventions. Under the present circumstances, Northeast Asian Seas will become dead seas in case that there is no instant and prompt action against pollution. Hence we have an absolute obligation to promote the development of the mandatory international environmental law, which in turn can faciliate more effective implementation of the regional cooperation by the neighbouring states within this area.

• Convergence Security Journal
• /
• v.12 no.2
• /
• pp.71-86
• /
• 2012

In the twenty-first century, it tends to deepen rich-poor gap and differences related to geographic location because of characteristic of polarization and diversification. Various social conflict that appear in the twenty-first century preclude independent effort and active of police from responding various public order problem of community The most important thing is widespread participation and cooperation of inhabitant and community in order to cope with various social change like localization, decentralization and democratization. Above all things, as human rights guardian in order to gain nation's trust, the police should induce dynamic change to desirable police which is wanted by nation in the organization. To achieve this, the police must overcome many negative customs and obstacles remaining organization despite endeavor of the police. In this manuscript, for this discussion, we search simply historical process of development, seek conception of the disadvantaged in regard to police duty, analyse the reality of human rights violation of the disadvantaged in execution of police duty through statistics and case study, find the problem and seek proper solution through improvement of the police legislative system.

• The Journal of the Korea Contents Association
• /
• v.14 no.1
• /
• pp.189-199
• /
• 2014

This study analyze 42ordinance of a local government for the improvement labor conditions and position of social worker. That way suggest developmental direction of ordinance enactment. The results are as follows. First, there are purpose, subject of application, duty of local government president, condition study, establishment of support plan, improvement labor conditions. But, there are not committee for labor conditions improvement, prize in many ordinance. Second, standard of wage is not, it has to suggesting by the wage standard of social welfare official in local government or Ministry of Health and Welfare. Third, condition study's period and support organization for social worker's labor condition improvement are not clear. Therefore, we must suggest the condition study's period of social worker, and make the support organization for condition improvement.

• Korean Journal of Social Welfare
• /
• v.58 no.1
• /
• pp.209-235
• /
• 2006

This study was performed to analysis the social worker's duty in korea and suggest for typology duties of 1st grade social worker, 2nd or 3th grade social worker's qualification. 911 social workers responded to questioner. This objectives was accomplished by the measuring to frequency of duties, and the qualifying cognition of each grade social worker's duties. As a result, social worker spent more time carried out maintenance of facility, direct services, intake, management of file and official document duties than personal management, planning and financial program, evaluation and termination duties. Type of social worker's duties fined out composed of 4 type. Type I(The 1st grade social worker's duties) was belonged to 53 task elements, type IV(The 2nd or 3rd grade social worker's duties) was subjected to 11 task elements. 21 task elements performed to either 1st grade social worker or 2nd, 3rd grade social worker by type or uniqueness of social work practices. To allocation of duties by each grade social worker, fitting out of qualification system, the task elements for each grade of social worker must be prescribed by the rules. This allocation of duties by each grade social worker would be utilized to support qualified social work services, and to strengthening of their professional.

• Journal of Families and Better Life
• /
• v.19 no.4
• /
• pp.49-68
• /
• 2001

The purpose of this study was 1) to review communal housing in the UK, 2) to consider the policy implications for elderly communal housing in Korea. The research methods used were 1) literature review about communal housing and related policy in the UK 2) field survey in the UK 3) interpretative suggestion for the proper policy implication to develope communal housing for the elderly in Korea. Sheltered housing in the UK had been developed as communal housing for the elderly with special needs since the 1970s. The type of sheltered housing were category 1 and category 2. Very sheltered housing with more facilities and meal services was added in 1980s. Sheltered housing was evaluated as the most humanistic solution for older people in the UK in 1980s. Because of the policy of moving institutional care to community care, sheltered housing became less in demand because of more options for older people including being able to stay in their own home. So new completion of sheltered housing by registered social landlords reduced saliently. Sheltered housing already totalled over half million units in which 5% of all elderly over 65 still lived and a small quantity of private sector for sale schemes emerged in the 1990s. The reason why the residents moved to sheltered housing was for sociable, secure, and manageable living arrangements. In general the residents were satisfied with these characteristics but dissatisfied with the service charge and quality of meals, especially in category 2.5 schemes. The degree of utilisation of communal spaces and facilities depended on the wardens ability and enthusiasm. Evaluation of sheltered housing indicated several problems such as wardens duty as a \"good neighbour\" ; difficult-to-let problems with poor location or individual units of bedsittiing type with shared bathroom ; and the under use of communal spaces and facilities. Some ideas to solve these problems were suggested by researchers through expanding wardens duty as a professional, opening the scheme to the public, improving interior standards, and accepting non-elderly applicants who need support. Some researchers insisted continuing development of sheltered housing, but higher standards must be considered for the minority who want to live in communal living arrangement. Recently, enhanced sheltered housing with greater involvement of relatives and with tied up policy in registration and funding suggested as an alternative for residential care. In conclusion, the rights of choice for older people should be policy support for special needs housing. Elderly communal housing, especially a model similar to sheltered housing category 2 with at least 1 meal a day might be recommended for a Korean Model. For special needs housing development either for rent or for sale, participation of the public sector and long term and low interest financial support for the private sector must be developed in Korea. Providing a system for scheme managers to train and retrain must be encouraged. The professional ability of the scheme manager to plan and to deliver services might be the most important factor for the success of elderly communal housing projects in Korea. In addition the expansion of a public health care service, the development of leisure programs in Senior Citizens Centre, home helper both for the elderly in communal housing and the elderly in mainstream housing of the community as well. Providing of elderly communal housing through the modified general Construction Act rather than the present Elderly Welfare Act might be more helpful to encourage the access of general people in Korea. in Korea.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
• /
• v.2 no.1
• /
• pp.83-108
• /
• 2007

This study conducted research over status of employment and living by collecting questions & answers from retired soldiers after service in ROK Army more than 5 years in last 5 years. As the methodology of this research, the status of employment has been provided from the Citizen Insurance Public Corporation, and conducted interviews for all individuals in addition to the receiving of questions & answers. Also, the statistic data prepared and submitted for Congressional Audit & Inspection from MND was also utilized for the purpose of research. In conclusion, the situation faced with retired soldiers after their retirement is showing the future of reflection of oneself to the personnel in active service who must do their best only for their duty to keep national security. If those personnel in active service are worrying about their future returning to civilian society after retirement, it will not only become an impediment to perform their duty but also bring invisible weakening of military power to defend our nation in result. This is the rationale for the necessity of providing support for social adaptation, reemployment and inauguration of retired soldiers.