• Title/Summary/Keyword: social policy

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A Comparative Review on Civil Money Penalties in Aviation Law (항공 과징금 제도의 비교법적 검토)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.3-38
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    • 2019
  • In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

Evaluating the Strategic Reaction of Labor Union Movement toward Labor Reforms: The Two National Centers' Reaction toward Park, Guen-Hye Government's Labor Market Restructuring (노동개혁국면에 있어 노조운동의 대응전략에 관한 평가: 박근혜정부의 노동시장 구조개혁에 대한 양노총의 대응을 중심으로)

  • Lee, Byoung-Hoon
    • 한국사회정책
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    • v.23 no.1
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    • pp.1-23
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    • 2016
  • This study evaluates the strategic capacity of Korean labor union movement by examining policy alternatives and strategic steps that the Federation of Korean Trade Unions and the Korean Confederation of Trade Unions have shown in response to Park Geun-Hye government's labor market structuring policies. While the government-led labor reform was carried out as intended, organized labor has not simply failed to achieve progressive labor reforms to enhance employment security, but also to exert their strategic capacity effectively for preventing Park's labor market flexibilization policies. The two national centers have not been able to exert their strategic capacity (such as intermediating, framing, articulating, learning) for mobilizing the resources of internal solidarity, network embeddedness, narrative discourse, and organizational infrastructure. In particular, the formation and diffusion of public discourse is a significant part of strategic capacity of labor unions dealing with the labor politics of labor market restructuring, since organized labor, which is under the unfavorable constraints of limited movement resources and power imbalance with the business circle, needs to mobilize massive support and participation from union members and civil society organizations. In this light, it becomes of more importance for labor union movement to exert their strategic capacity toward internal solidarity and network embeddedness in the stage of labor market reforms. Under the recent stage of labor reforms, however, the labor unions has not harnessed their movement resources effectively, but undertaken their protest in a traditional manner, thereby losing its public efficacy from inside and outside. Moreover, it is necessary to build and activate the network of organic solidarity among organized labor, civil society organizations and progressive political parties, in order to cope with the pro-business coalition of power elites for accomplishing pro-labor reforms.

The Public Health Welfare Conception of the Beveridge Report and Its Realization via the NHS (베버리지 보고서의 의료보장 구상과 NHS를 통한 구현)

  • Juneyoub Han;Jiyong Park
    • The Korean Society of Law and Medicine
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    • v.24 no.3
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    • pp.59-104
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    • 2023
  • This essay attempts to analyze the public health welfare conception within the text of the Beveridge Report and its realization via the NHS in Great Britain. Once referring to the influence of the Report to create the foundations of the 20th-century welfare system, the quest to scrutinize the original intentions of the Report and its succession to the NHS is certainly intriguing. Furthermore, when regarding the significance of public health policy for a modern state, the effort to engage in Beveridge's conception and its realization is more than timely. In light of such a premise, this paper indulges in its study by the following methods. First, the historical background of the Report - namely, the role of the spirit of the age and the experience of the Emergency Medical Service are to be analyzed to identify the origins of the welfare policies proposed by Beveridge. Furthermore, the public health welfare conception of the Report conceived from its time is reflected upon by engaging on the goal towards social welfare and public health scheme. Lastly, the aims of the NHS and its management, treatment classification, and rehabilitation program are reviewed for comparative analysis with the Report to survey the realization of Beveridge's design. In this process, this paper not only takes into account the original text of the Report - but also other essential works of law and public policy, including the NHS Constitution for England and the National Health Service Act of 1946. The intentions of this study are not bound by merely coinciding with the Report, but resonate significance via reflecting upon the Beveridgian legacy on the modern welfare state from the current perspective. The structured analysis to research the aims and policies of the Report and to compare them to the reality of the NHS may provide an opportunity to confirm the realization of Beveridge's scheme in British society. In addition, this essay is part of an academic endeavor to critically assess the past and the present of the welfare institution in the public health sector. As such, it is hopeful that the essay sheds light on further studies concerning the constructive remedies of the Korean welfare system as well.

Factor Influencing Unmet Healthcare Needs among People with Disabilities (장애인의 미충족의료 경험에 영향을 미치는 요인)

  • Bo Hui Park;Kyoung Eun Yeob;Eun Hye Choi;So Young Kim;Jong Hyock Park
    • Health Policy and Management
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    • v.34 no.3
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    • pp.271-281
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    • 2024
  • Background: The unmet healthcare needs (UHNs) of people with disabilities (PWD) are not only detrimental to their quality of life but also can lead to serious health outcomes including death. A variety of factors including socioeconomic, personal, and environmental factors affect UHNs for PWD. Previous studies focused on individual socioeconomic and disability characteristics as influencing factors. Our studies included environmental factors that have a significant impact on the use of healthcare service by PWD. Methods: We analyzed the UHNs status and influencing factors among 4,326 adults with disabilities using the Korea Disability Life Data. Chisquare analysis identified differences in UHNs by general, disability, and environmental characteristics. Logistic regression determined factors affecting UHNs. Results: Those with low educational level (adjusted odds ratio [aOR], 1.229; 95% confidence interval [CI], 1.024-1.475), those with low income level (aOR, 1.416; 95% CI, 1.015-1.976), those who enrolled in private insurance (aOR, 1.234; 95% CI, 1.018-1.496), those who need help with daily living (aOR, 1.298; 95% CI, 1.059-1.592), those who did not go out (OR, 1.566; 95% CI, 1.274-1.924), those who use taxis (aOR, 1.407; 95% CI, 1.047-1.891) or call taxi for people with disabilities when going to the hospital (aOR, 1.370; 95% CI, 1.001-1.875), the communication disabled (aOR, 1.304; 95% CI, 1.029-1.651), those with poor subjective health status (aOR, 1.248; 95% CI, 1.043-1.494), those who felt the explanation of treatment results was insufficient (aOR, 4.035; 95% CI, 1.365-11.927), hose dissatisfied with healthcare services (aOR, 3.515; 95% CI, 2.741-4.508) were more likely to experience UHNs. Conclusion: Effective healthcare service provision for PWD requires not only financial assistance but also social support, along with education for healthcare staff, policies that consider the characteristics of disabilities.

Conflicts and Tasks of the Right of Legal Interpretation of National People's Congress of China and the Basic Law System of Hong Kong (중국 전국인민대표대회의 법률해석권과 홍콩 보통법체계의 충돌과 과제)

  • 김준영
    • Journal of Sinology and China Studies
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    • v.81
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    • pp.227-256
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    • 2019
  • Hong Kong's protests, which began in June 2019 with Anti-Extradition Bill Protests, have already lasted for months, and the demonstrations have a significant impact on China and Hong Kong as a whole. The protests began in opposition to the Hong Kong government's revision of the extradition bill, but in substance, it has a strong nature as a test of China's "One Country Two Systems" policy. Since the establishment of the Hong Kong Special Administrative District on July 1, 1997, the primary legal norm between China and Hong Kong is the Basic Law of Hong Kong. However, conflicts of legal standards have occurred frequently due to the difference between socialism and the capitalist legal system, and there has been a continuous controversy over the interpretation of the Basic Law of Hong Kong. Moreover, the core of the legal conflict between China and Hong Kong has always been China's "One Country Two Systems" policy. This paper examined the issues related to the "Right of Legal Interpretation" of Standing Committee of the National People's Congress, the characteristics and interpretation rights of the Basic Law of Hong Kong, the direct election system of the administrative minister, the implementation of the universal suffrage, and the legislative issues of the application of Article 23 of the Hong Kong Basic Law. Furthermore, this paper also investigated the laws and systems newly introduced by China to solve these legal conflicts. The integration of the legal system of the divided state is a complicated process beyond the combination of the legal system by integrating the multiple legal systems that have separated for a long time under heterogeneous political, economic, and social networks. Moreover, the adjustment and integration of various legal systems under the premise of a single Constitution is the starting point for the actual inclusion of various fields after the unification as well as unification process and provides a basis for achieving full integration. Therefore, the unification of the divided countries should be the first step in a long journey toward becoming a practical one, not a goal itself. It is crucial to reduce trial and error and cost, and achieve stable unification in our unification process in Korea, by learning lessons from the contradictions and conflicts that appear in the "One Country Two Systems" unification between China and Hong Kong.

The Demand and Supply of Nutritionist Workforce in Korea and Policy Recommendations (국민영양관리를 위한 영양사 인력의 적정수급에 관한 연구)

  • Oh, Young-Ho
    • Journal of Nutrition and Health
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    • v.43 no.5
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    • pp.533-542
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    • 2010
  • The objective of this study is to provide basic information and policy implications needed to balance the supply and demand for dietitian by projecting supply and demand for dietitian. The data from the Ministry of Health Welfare and Family on the number of licensed nutritionist, resident registration data of the Ministry of Public Administration and Security, and health insurance qualification data of the National Health Insurance Corporation were used to examine the current status of supply. To project the supply of nutritionist workforce, the in-out moves method and demographic method were used. The ratios of nutritionist to population and GDP, and that of other countries were applied as the demand projection method. According to the study results, the projection on the imbalance of supply and demand for dietitian by year 2021 differs depending on the method used. First, according to the results based on age-adjusted population ratio, there is an oversupply of 1,643 dietitians in year 2010, and 2,076 dietitians in year 2020. Second, although the projection on the imbalance of the supply and demand for dietitian differs depending on whether the GDD is calculated in won(₩) or dollar($). it is expected that there will be an oversupply in general. Third, as to the scenario using the nutritionist ratio in foreign countries, the oversupply of dietitian is likely in Korea, under any scenario, when comparing the nutritionist supply projection with the demand projection based on the nutritionist ratio in the United States. However, the projection of the supply and demand varies in each scenario when the European nutritionist ratio is applied. Under European 'scenario 1', an oversupply is expected, whereas under 'scenario 2', a shortage of supply is expected. A careful approach is required in interpreting the supply and demand projection using criteria of other countries, because dietitian assumes different roles and functions in each country. Although a slight oversupply of nutritionist workforce is projected, it does not cause a major problem as the demand for diet therapy is expected to rise due to aging and the increase of chronic diseases, and as the demand for clinical dietitians in hospitals increases. Accordingly, the demand for dietitians will rise and, in this context, the oversupply of nutritionist will not incur much problem. However, the nutritionist qualification is much too open in Korea, and this has a negative effect on the quality of the nutritionist workforce. Therefore, it is important that the nutritionist qualifications and requirements are reinforced in the future, enhance the quality level of the nutritionist supply, and maintain the balance between the supply and demand.

Population Strategy for Physical Activity in Korea (우리나라 신체활동 및 운동사업에서의 인구집단 전략)

  • Lee, Moo-Sik
    • Journal of agricultural medicine and community health
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    • v.30 no.2
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    • pp.227-240
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    • 2005
  • Health promotion has more comprehensive approaches in recent years. Nevertheless we accept the concept of health promotion differently, we are agree on that community is the most important field in health promotion which includes population at the aspect of health policy, individual skill and, environment. And there are a number of different approaches to health promotion. In them, 'population approaches' and 'high -risk group approaches' has the most different characteristics. 'Population approaches' is equally important or more important than 'individual approaches' for maintaining and promoting population health. Almost part of this article contents is the summary of the guideline and population strategy of health promotion in Korea, 1999 - 2005. Community based health promotion program should be reinforced, integrated, comprehensive, collaborative through efficiently utilizing community resources. Recent new orientation of community health program is integrated health program, we can find this orientation at Ottawa charter 1986. Comprehensive approaches with the determinant factors for health are essential task. Physical activity is a key health determinant. The population-health approach suggests that educating people about physical activity is not enough. Individual behavior changes are important too, but need to be balanced with strategies for environmental change. Population strategy with physical activity for health promotion should be developed through improving social and physical supportive environment, linking and integrating community resources between public and private sectors in national, regional and local level. Continuous public education and social marketing should be provided through collaborating with community physical activity organization, facilities, work-places and school for increasing concern of all the people of community about physical activity. Governments, agencies and citizens should held and participate to building movement. And the strategy that various 'active for life' program should be developed, delivered, maintained and reinforced continuously. Basically, adequate and sufficient financing, developing human resources, policies and legislation would be provided and supported fully too. At last, research development and knowledge exchange are required domestically and internationally. In Korea, we had classified the category of strategic priority of physical activity programs by environmental support, life-course approach, high-risk group approach and disease group approach for physical activity program based on community health center. Community based core programs for physical activity that includes infrastructure building and establishment of supporting environment, community campaign, health promotion education and public service announcement, physical activity programs for elderly and obesity, exercise prescription program.

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〈 Field Action Report 〉 The Strategies to Address Regional Health Inequalities in Gyeongsangnam-Do: Health Plus Happiness Plus Projects (〈사례보고〉 경상남도 지역 간 건강불평등 완화사업: 건강플러스 행복플러스 사업)

  • Jeong, Baek-Geun;Kim, Jang-Rak;Kang, Yune-Sik;Park, Ki-Soo;Lee, Jin-Hyang;Jo, Sun-Rae;Seo, Gi-Deok;Joo, Sang-Jun;Oh, Eun-Suk;Kim, Seung-Jin;Jo, Seong-Jin;Kim, Seung-Mi;Yeum, Dong-Mun;Sim, Mi-Young
    • Journal of agricultural medicine and community health
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    • v.37 no.1
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    • pp.36-51
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    • 2012
  • Objectives: This study was conducted to implement Health Plus Happiness Plus projects in Gyeongsangnam-Do and assess the policy implications of initiatives to address regional health inequalities. Methods: Health Plus Happiness Plus projects were started as strategies to address regional health inequalities in Gyeongsangnam-Do. The principles of these projects are taken from the Health Action Zones initiatives in England: participation, partnership, resource concentration in project areas. The time period for these projects is from 2010 to 2017, and the total budget is 5.6 billion won. In 2010, a 6.8 hundred million won total budget was invested in 17 project areas. Such investments fell into four broad categories: establishment of the means and local framework; survey development to analyze the health determinants; development of an education and training center; and establishment of a technical support center. Results: Education and training programs for practitioners and coordinators were provided, and project teams and project promotion committees were established in project areas. Health survey result briefing meetings were held, and 17 health committees were established in project areas. Conclusions: Health Plus Happiness Plus projects have some problems in relation to participation and partnerships, however, if these principled projects are performed continuously, they will contribute to a reduction of standardized mortality rate and regional health inequalities in Gyeongsangnam-Do and the improvement of residents' well-being in project areas.

World Logistics Evolution & Marketing Strategy for Korea's Enhanced Port Competition (세계물류발전과 한국의 항만경쟁력 강화를 위한 마케팅 전략)

  • Gim, Jin-Goo
    • Journal of Korea Port Economic Association
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    • v.24 no.4
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    • pp.363-384
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    • 2008
  • This study aims at improving Korea's competitiveness in port logistics through marketing strategy with integrating the conceptual approach into the empirical one and combining both the oldest military treatise and the newest evaluating model in social science that was applied by the HFP(hierarchical fuzzy process) model enhanced by the KJ method. The empirical results of this study show Busan in the middle among subject ports. At present, Korea plays a reciprocal role in the port market in East Asia, but in the medium- and long-term, Korea's ports will vie together with most major ports in the East Asian region. A descriptive investigation shows that Korea's developing tasks in port logistics must be considered in the context of the direction for developing port policies, the necessity of expanding port facilities in the capital region, securing the sufficient traffic volume through the establishment of the hinterland linking system and its positive utilization, and reforming the direction for developing the global logistics through increased port competitiveness. In the short- and medium-term, Korea must use the opportunity factor of 'Growth and open door policy of China' as a geoeconomic advantage and to utilize Korea's ports as a gate to Chinese foreign trade. With the rise of China's economy, China also plays a significant role in both port and airport markets. Hence, the linking system between the two must be established to meet the expanding traffic volume, especially in the capital area. Moreover, it is necessary for Korea to secure port logistics through the establishment of the hinterland linking system and its positive utilization. The great accomplishment of this paper is to present strategies to increase Korea's port competitiveness in the rapidly changing environments of world logistics with the focus on both the oldest military strategic treatise and the newest empirical method in social science. In order to reinforce this study, it needs further compensative research because the evaluation structure could be subdivided with more extensive and precise criteria.

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The Political-Economic of Capitalism and its Effects on Spatial Dynamics (도시공간의 변화에 내재한 정치${\cdot}$경제적 논리의 규명-서울시 도심재개발을 대상으로-)

  • Park, Sun-Mee
    • Journal of the Korean Geographical Society
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    • v.28 no.3
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    • pp.213-226
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    • 1993
  • In Korea, the urban studies of geography have mainly dealt with such a series of research as system of urban place and internal structure of urban area. The existing studies have been carried out with ecological approach. Ecologists, now a days, regard organiation and transfor-mation of the urban space as the process of invasion, succession, and segregation. However it is more proper that cities should be considered not as fragmantary objects, as some ecologists insist, but as synthetic ones in social structure. This research, with adopting a case of the renewasl of central area in Seoul, tried to make it clear that the formation and transition of the city is a product of social structure and examined polical and economic logic which exists in variation of urban space in detail. The results of this study are as follows; Urban renewal of central area is closely related with production and reproduction in capitalist society. In urban center, as business activities had increased since 1973 due to decen-tralization of production process, the necessity of reorganizing the land use in existing central area accordingly increased. The urban renewal program of central area in Seoul was inrroduced under such situation. The urban renewal of central area reflecting the capital logic has changed the central area with six hundred year's tradition. From the urban renewal of central area, not only was the central area, which traditionally had been mixed with various fun-ctions, simplified into the unitary area of busi-ness, but also physical landscape changed. As the land lot in renewal area expanded into regular shape, buildings became larger and taller. The program tremendously raised the price of related area. Aiming at these profits caused by the raised price, a great number of capitalists participated in the program. And as the benefit ratio of the manufacture sector continuously dropped with the economic recession, the pro-gram was carried out much more vigorously. That was because the idle capital accumulated during the recession was invested in property sector and was self-proliferated. The urban renewal raised the land value of central area and drove out the people living in this area. The people moved into the whole parts of the city resulting diffused squatter settlements. And the urban changes in central area were results of the policy of municipal authorities, who supported and systematized the changes lawfully and administratively, as well as reali-zation of capital logic. Due to the renewal policies of central area in Seoul, much more renewals by the only capitalists were carried out than those by the people themselves living in that area. The integration of land ownership in the law of urban renewal shows the reason of that. Moreover, the law allows the third deve-loper to participate in the tasks and admits the land expropriation rights. The municipal autho-rities guaranteed the profitability of the tasks through finacial aid, tax benifit, and relaxation of regulations for construction. As examined above, the changes in the land use of urban space have been led not by the ecological process of development of the city itself, but by the restructuring of capitalism and the intervention of the government authorities.

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