• Title/Summary/Keyword: the right to refuse

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Requirements for Compliant Documents with the Terms and Conditions of the Credit (신용장조건(信用狀條件)과 일치(一致)하는 서류(書類)의 요건(要件))

  • Lee, Cheon-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.581-603
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    • 2000
  • Beneficiary must present all documents stipulated in the Credit. If the documents conform in all respects with the terms and conditions of the Credit, beneficiary has a right to payment from an issuing or confirming bank. And banks must examine all documents presented by beneficiary for taking up the documents. If the documents appear on their face not to be in compliance with the terms and conditions of the Credit, banks may refuse to take up the documents. But standard for compliant documents with the terms and conditions of the Credit in the UCP or Section 5 of UCC is unclear. Because UCP Article 13(a) provides merely that banks must examine all documents stipulated in the Credit ${\cdots}$ to ascertain whether or not they appear, on their face, to be compliance with the terms and conditions of the Credit. ${\cdots}$ Documents which appear on their face to be inconsistent with one another will be considered as not appearing on their face to be in compliance with the terms and conditions of the Credit. Also UCC Section 5-108(a) provides merely that. ${\cdots}$ an issuer shall honor a presentation that, ${\cdots}$ appears on its face strictly to comply with the terms and conditions of the letter of credit. All problems are not resolve with easy by these regulations. Accordingly, I examined requirements for compliant documents with the terms and conditions of the Credit on the basis of the UCP and cases. To analyse this, I divided into three requirements ; (1) Completeness, (2) Regularity, (3) Linkage.

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Freedom of Library and the Library Bill of Rights (도서관의 자유와 권리선언에 관한 연구)

  • 변우열
    • Journal of Korean Library and Information Science Society
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    • v.33 no.3
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    • pp.1-40
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    • 2002
  • All libraries are forums for information and ideas. Therefore, libraries must have systematic devices through which library users can make use of library materials freely. The systematic devices usually have the form of Library Bill of Rights. The aim of this study is to offer basic data in case our country adopt Library Bill of Rights in the near future. In this thesis, the significance of Library Bill of Rights was investigated and the common components were drawn from the analysis of the changing processes and contents of Library Bill of Rights in the USA and Japan. In the USA and Japan, the Library Association an official institution adopted Library Bill of Rights and established permanent departments to keep and develop Library Bill of Right as well as to solve the problems such as infringement of freedom of library. The common components of Library Bill of Rights are as follows: freedom to collect materials, freedom to provide materials, right to refuse censorship, cooperation with the persons ind groups concerned, a person's rights to use a library, fair use of the library facilities, and protection users' privacy.

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Review on Advance Directives (생명연장술 사전선택(Advance Directives) 개념 정립을 위한 문헌 고찰)

  • 김신미;김순이;이미애
    • Journal of Korean Academy of Nursing
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    • v.31 no.2
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    • pp.279-291
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    • 2001
  • Rapid progress in modern medical technology has made it possible to sustain life and/or delay death using 'heroic' treatments. The availability of life-sustaining treatment brings several issues in end-of-life care such as 'dying with dignity' and an radical increase in health care costs. The use of Advance Directives(AD) have been widely heralded by health care providers, gerontologists, and advocacy groups as means of protecting patients' right to accept or refuse life-sustaining treatment in end-of-life care. The use of AD can not only improve patients' autonomy and quality of life but also bring efficiency in distributing health care resources. The proportion of older persons in Korean population has been increasing. Those 65 years of age or over were about 7 percent of the population. Death and dying is not limited to older persons, but it is more prevalent among them. In conjunction with an aging population and the increasing prevalence of death, the issues of death and dying will become crucial in near future in terms of 'dying with dignity', 'autonomy', and 'self-control'. This paper attempts to explode and establish the concept of advance directives (AD) based on literature review. Data sources are computer searches with the MEDLINE database. Due to the lack of prior study on AD for a Korean cases, studies abroad are reviewed. This paper suggests the need for future study on the possibility of the use of AD in Korea.

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A Study for Implementation of System for protecting Privacy data from IoT Things (IoT 장치의 개인정보 데이터 보호 시스템 구현에 관한 연구)

  • Kim, Seon Uk;Hong, Seong Eun;Bang, Jun Il;Kim, Hwa Jong
    • Smart Media Journal
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    • v.10 no.2
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    • pp.84-91
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    • 2021
  • In the EU GDPR, when collecting personal information, the right of the information subject(user) to consent or refuse is given the highest priority. Therefore, the information subject must be able to withdraw consent and be forgotten and claim the right at any time. Especially, restricted IoT devices(Constrained Node) implement the function of consent of the data subject regarding the collection and processing of privacy data, and it is very difficult to post the utilization content of the collected information. In this paper, we designed and implemented a management system that allows data subjects to monitor data collected and processed from IoT devices, recognize information leakage problems, connect, and control devices. Taking into account the common information of the standard OCF(Open Connectivity Foundation) of IoT devices and AllJoyn, a device connection framework, 10 meta-data for information protection were defined, and this was named DPD (Data Protection Descriptor). we developed DPM (Data Protection Manager), a software that allows information subjects to manage information based on DPD.

Oral cancer resection and reconstruction without blood transfusion by using recombinant human erythropoietin (Recombinant human erythropoietin을 이용한 무수혈 구강암절제 및 재건)

  • Kim, Chul-Hwan;Lee, Chung-Hyun
    • Journal of the Korean Association of Oral and Maxillofacial Surgeons
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    • v.37 no.1
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    • pp.9-14
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    • 2011
  • Recently, the population of patients who refuse transfusion has increased for both religious and non-religious reasons, even in life threatening emergency situations. Their refusal has highlighted the need to develop nonblood transfusion surgery techniques to decrease the risk from blood transfusions. A 57-year woman with an ulcerative lesion on the gingiva of the right upper molar area visited the department of oral and maxillofacial surgery in Dankook University Dental Hospital. After a preliminary evaluation, the patient was diagnosed with squamous cell carcinoma. As she refused blood transfusion during surgery for religious reasons, surgery was planned using recombinant human erythropoietin (rHuEPO) without a blood transfusion. The patient underwent a partial maxillectomy, supraomohyoid neck dissection, free radial forearm flap and split thickness skin graft under general anesthesia. rHuEPO and iron were used before and after surgery. The hemoglobin/hematocrit (Hb/Hct) level, iron (Fe) and total iron-binding capacity (TIBC) were assessed. The patient recovered completely without any blood transfusions. rHuEPO is a viable alternative for patients with religious objections to receiving blood transfusions.

Refusal of care by chronically and terminally ill patients : An ethical problem faced by nurses (간호사의 간호 제공 의무와 말기 환자의 간호 거부에 관련된 윤리 문제에 관한 연구)

  • 엄영란;홍여신
    • Journal of Korean Academy of Nursing
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    • v.24 no.2
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    • pp.190-205
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    • 1994
  • Respect for human life and respect for human dignity are two basic values to which organized nursing has urged its members to adhere in their service to mankind. Thus it is the nurses’ duty to provide health care in support of sustenance of life and to pay respect for the patient’s right to dignity. In practice, however, nurses may experience dilemmas between these duties much due to the de velopment of modern advanced techniques. These dilemmas have become more complex and difficult to resolve. Nurses are often faced with situations in which the terminally ill refuse professional care, posing serious conflicts between respect for human life and respect for human rights to self-determination. In such cases, resolution of the problem is not a simple matter, thus requires intensive study into the ethical questions related to the situation. The purpose of this study was to identify ethical problems that nurses experience in caring for terminally ill patients and explore the ways to the resolution of problems within the context of the situations. The methodology used for the study was a case study method which ‘New Casuistry’ proposed by Jonsen & Toulmin(1988) and the ‘Specified Principlism’ proposed by Degrazia(1992) as an alternative to old deductive and intuitive method. Cases were developed through semistructured indepth interviews according to the casutistry method. A total of seven nurses were interviewd who were caring for therminally ill patients. Four cases out of a total 14 cases were related to the topic. Through the case analysis it became evident that nurses appreciated other values more often than respect for the patient’s right to self-determination. These other values were convenience and efficiency in nursing practice in case 1, preservation of life above all other values in case 2, provision of nursing care to fulfill the nurse’s professional obligation at most in case 3, and respect for the family’s demand against the patient’s wish in case 4. This study showed that the most important ethical problems were conflict between respect for the patient’s right to self-determination and sustenance of life for the fulfillment of professional obligation. For this problem, benefit /burden analysis from the perspective of the patient and family for the promotion of patient’s wellbeing may be a way to resolve the conflict. Further, through these analysis it was shown that physicians’ and families’ opinions dominated in the decision - making and the opinions of nurses’ and patients’ tended not to be reflected. Thus the patient's right to his or her care was not readily respected. To solve this problem. nurses should make efforts to communicate reciprocally with their patients, family members and physicians in an effort to respect for their patient’s rights to life and diginity from the point of view and values of the patient. It is also important that nurses provide good basic nursing care up to the time of death regardless of decisions about providing or not aggressive treat-ment for chronically and terminally ill patients.

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The Study on Methane Gas Generation Rate from Chon-An Beck-Suk Landfill Site (천안백석매립장을 중심으로 한 메탄가스 발생량에 관한 연구)

  • Jeong, Jin Do;Kim, Jang U;Jeong, In Gwon;Bae, Chan Yeol
    • Journal of Environmental Science International
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    • v.13 no.7
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    • pp.697-701
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    • 2004
  • Most of methane gas result from waste matter in landfill, therefore the persons concerned take an increasing interest in management of gases in landfill. Infrared Gas Analyzer was used to measure components of gases, $CH_4,$ $CO_2,$ $O_2,$ through gas exhausted pipe. To measure amount of the gas flow meter(Portable Hot-Line Current Meter) was used and it was set at right angles with direction of the flow. In this research the total amount of methane gas produced in Beck-Suk Landfill was calculated through FOD method suggested by IPCC. This research found that in Chon-An Beck-Suk Landfill anaerobic resolution was made actively and the amount of methane gas produced there was 54.14%, which is higher than common figure, 50%, in other researches. The components of reclaimed waste matter, especially, organic waste matter can have a great effect of the amount of the greenhouse gases produced in landfill. We can expect that the amount of greenhouse gas will decrease from 2005, when it will be prohibited from carrying kitchen refuse and sludge into landfill.

Legal Reviews and Countermeasures against Violence to 119 Emergency Medical Technicians (EMT) (119구급대원의 폭행피해에 대한 법적인 고찰 및 대응방안)

  • Lim, Jae-Man;Choi, Eun-Sook
    • Fire Science and Engineering
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    • v.24 no.2
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    • pp.154-161
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    • 2010
  • There have been various discussions to prevent violence to 119 emergency medical technicians, and the aims of the were as follow ; first, the staff dispatched to the scene should be reinforced so that the patients committing violent acts can be subdued. Secondly, self-defense devices should be provided to 119 emergency medical technicians so that they can use them in a dangerous situation and escape from it. And finally, 119 emergency medical technicians should be allowed to refuse to transport the patients when they or their guardians do violence to them in order to prevent potential violent cases. When countermeasures after violence is committed, it is important to secure evidence and determine strongly to bring charges to the offenders rather than agree to overlook the violence in order to correct them right. It is necessary to introduce a support program to help the victim technicians concentrate on their physical and mental treatment. Violence to 119 EMT should be punished so that the society will think it is natural to punish such offenders. In a safer environment, 119 EMT can perform their duties and it is very important to draw this consensus.

Making a Technological Catch-up: Barriers and Opportunities

  • Lee, Keun
    • Journal of Technology Innovation
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    • v.13 no.2
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    • pp.97-131
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    • 2005
  • This paper has discussed several issues regarding the barriers and opportunities for technological catch-up by the late-comer countries and firms. As one of the barriers to technological catch-up, the paper emphasizes the uncertainty involved with the third stage of learning how to design. The barriers arise because as the forerunner firms refuse to sell or give license to successful catching-up firms who thus have to design the product by themselves. The paper discusses how to overcome this barrier. It also notes that if the crisis of design technology is a push factor for leapfrogging, arrival of new techno-economic paradigm can serve as a pull factor for leapfrogging, serving as a winder of opportunity. The, it emphasized the two risks with leapfrogging, namely the risk of choosing right technology or standards and the risk of creating initial markets, and how to overcome these risks. It discusses how to overcome these risks in leapfrogging, and differentiates diverse forms of knowledge accesses. Then, the paper takes up the issue of whether there can be a single common or several models for catch-up. A common element of catching-up is to enter new markets segments quickly, to manufacture with high levels of engineering excellence, and to be first-to-market by means of the best integrative designs. This observation is supported by the fact that Korea and Taiwan has achieved higher levels of technological capabilities in such sectors as featured by short cycle time of technology. The possibility of two alternative models for catch-up is also discussed in terms of the key difference between Korean and Taiwan, especially in the position toward the source of foreign knowledge and the paths taken toward the final goal of OBM. Taiwan followed the sequential steps of OEM, ODM and OBN, in collaboration or integration with the MNCs. Korean chaebols jumped from OEM directly to OBM even without consolidating design technology.

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Comparative Study of US and Korean Legal System on the Privilege against Self-Incrimination through Forced Unlocking in Digital Era (디지털시대 강제해독에 따른 자기부죄 거부 권리에 관한 미국과 한국의 제도 비교 연구)

  • Lee, Ook;Jee, Myung Keun;Lee, Dong Han
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.17 no.3
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    • pp.235-241
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    • 2017
  • With the coming of the digital era, encryption has become common in everyday life. Almost anyone can easily acquire encryption software and use it to prevent unwanted third parties from accessing one's private information. However, the spread of encryption has also seriously hindered law enforcement during the investigation of cybercrimes, which hides incriminating digital evidence in encrypted hard drives and files. Therefore, many countries have attempted to compel criminals to decrypt encrypted evidence and it has been inevitable to examine privilege against self-incrimination as basic right on the side of constitution. This study analyzed the past court decisions on the issue of compelled decryption in the US and whether the Government can compel a defendant to disclose his password in Korean legal system on the constitutional side. Finally, this study suggests an approach to create a legal procedure to make it a crime for a suspect or defendant to refuse to disclose his password to law enforcement for criminal cases in Korea.