• Title/Summary/Keyword: 국가사무

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Concerning the Constitution Court's constitutional decision and the direction of supplemental legislation concerning Article 33 paragraph 8 of the Medical Service Act - With a focus on legitimacy of a system that prohibits multiple opening of medical instituion, in the content of 2014Hun-Ba212, August 29, 2019, 2014Hun-Ga15, 2015Hun-Ma561, 2016Hun-Ba21(amalgamation), Constitutional Court of Korea - ('의료법 제33조 제8항 관련 헌법재판소의 합헌결정'에 대한 평가 및 보완 입법 방향에 대하여 -헌법재판소 2019. 8. 29. 2014헌바212, 2014헌가15, 2015헌마561, 2016헌바21(병합) 결정의 내용 중 의료기관 복수 개설금지 제도의 당위성 및 필요성을 중심으로-)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.143-174
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    • 2019
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

A Study on Korea Coast Guard Intelligence Centered on legal and Institutional comparison to other organizations, domestic and international (해양경비안전본부 정보활동의 법적·제도적 측면의 문제점 분석 및 개선방안 연구)

  • Soon, Gil-Tae
    • Korean Security Journal
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    • no.44
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    • pp.85-116
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    • 2015
  • Found in 23 Dec 1953 to cope with illegal fishing of foreign ships and coastal guard duty, Korea Coast Guard was re-organized as an office under Ministry of Public Safety since the outbreak of sinking of passenger ship "Sewolho". In the course of re-organization, intelligence and investigation duty were transferred to Police Department except "Cases happened on the sea". But the definition of intelligence duty is vague and there are lots of disputes over the jurisdiction and range of activities. With this situation in consideration, the object of this study is to analyse legal and institutional characteristic of KCG Intelligence, to compare them to that of Police Department, foreign agencies like Japan Coast Guard and US Coast Guard, to expose the limit and to suggest solution. To summarize the conclusion, firstly, in the legal side, there is no legal basis on intelligence in [The Government Organization Act], no regulation for mission, weak basis in application act. Secondly, in the institutional side, stated in the minor chapter of [The Government Organization Act], 'the cases happened on sea' is a quite vague definition, while guard, safety, maritime pollution duty falls under 'on the sea' category, intelligence fell to 'Cases happened on the sea' causing coast guard duty and intelligence have different range. In addition, reduced organization and it's manpower led to ineffective intelligence activities. In the case of Police Department, there is definite lines on 'administration concerning public security' in [The Government Organization Act], specified the range of intelligence activities as 'collect, make and distribute information concerning public security' which made the range of main duty and intelligence identical. Japanese and US coast guards also have intelligence branch and performing activities appropriate for the main missions of the organizations. To have superiority in the regional sea, neighboring countries Japan and China are strengthening on maritime power, China has launched new coast guard bureau, Japan has given the coast guard officers to have police authority in the regional islands, and to support the objectives, specialized intelligence is organized and under development. To secure maritime sovereignty and enhance mission capability in maritime safety duty, it is strongly recommended that the KCG intelligence should have concrete legal basis, strengthen the organization and mission, reinforce manpower, and ensure specialized training administrative system.

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A Study on the Estimation Method of the Repair Rates in Finishing Materials of Domestic Office Buildings (국내 업무시설 건축 마감재의 수선율 산정 방안에 관한 연구)

  • Kim, Sun-Nam;Yoo, Hyun-Seok;Kim, Young-Suk
    • Korean Journal of Construction Engineering and Management
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    • v.16 no.1
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    • pp.52-63
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    • 2015
  • Business facilities among domestic architectures have rapidly been constructed along with domestic economic development. It is an important facility taking the second largest proportion next to apartment buildings among current 31 building types of fire department classification of 2012 year for urban architectures. The expected service life of business facilities is 15 years, but 70% of those in urban areas have surpassed the 15 year service life as of the present 2014. Thus, the demand for urgent rehabilitation of such facilities is constantly increasing due to the aging and performance deterioration of the facilities'main finishing materials. Especially, the business facilities are being used for the lease of company office or private office, and such problems as aging and performance deterioration of the facilities could cause less competitive edge for leasing and real estate value depreciation for the O&M (Operation & Management) agent and the owner, respectively. Therefore, an effective planned rehabilitation as a preventive measure according to the standardized repair rate by the number of years after the construction is in need in order to prevent the aging and performance deterioration of the facilities(La et al. 2001). Nonetheless, domestic repair/rehabilitation standards based on the repair rate are mainly limited to apartment buildings and pubic institutions, resulting in impractical application of such standards to business facilities. It has been investigated and analyzed that annual repair rate data for each finishing material are required for examination of the applicability of the repair rate standard for the purpose of establishment of a repair plan. Hence, this study aimed at developing a repair rate computation model for finishing materials of the facilities and verifying the appropriateness of the annual repair rate for each finishing material through a case study after collecting and analyzing the repair history data of six business facilities. The results of this study are expected to contribute to the planning and implementation of more efficient repair/rehabilitation budget by preventing the waste of unpredicted repair cost and opportunity cost for the sake of the business facilities' owners and O&M agents.

A Study on Employment Analysis of Graduates Majoring Library and Information Science: the case of K University (문헌정보학전공 졸업자의 취업실태 분석 연구 - K대학교를 중심으로 -)

  • Lee, Jongmoon
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.23 no.4
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    • pp.125-139
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    • 2012
  • This paper aims to analyze the employment of graduates majoring in Library and Information Science(LIS) in K University, to identify problems in the employment of those graduates, and to propose approaches to improve employment. Among 178 graduates getting a job for five years from August 2006 to February 2011, 65% of them was employed, 32% was not employed, and 3% continued further study, The 116 graduates employed were analyzed. The results revealed that 40% are full-time employees and 60% are part-time workers. For workplace types, 29% worked in general companies and 16% worked in public libraries. 10% worked in school libraries and college libraries. Those who worked in administrative divisions in colleges or schools comprised 9%. Those who worked in public organizations and publishing companies/bookstores were 6% each. 5% worked in specialized libraries. In the case of duties, 38% were librarians. 30% were engaged in office work. Those in sales/administration were 7%. Tellers/salesperson comprised 7%. 5% worked as teaching assistants and 3% worked in the web or in IT related businesses. Those who worked in private institutes and product planning/design comprised 2% each. Teacher librarians, day care center teachers, secretaries, company newsletter reporters, soldiers and self-employed workers were 1% for each. As a result, the major congruence was around 40%. For the career which the (56) unemployed desired, 57% prepared themselves for employment and 21% prepared for Civil Service Examination. Those who prepared for teacher recruit examination and who weren't confirmed were 11% for each. The problems identified were high unemployment to 32%, higher employment as part-time workers than full-time workers, and major congruence of just around 40%. As the results, the study proposes that the national and local authorities should actively create jobs, make the students majoring in LIS have the opportunity to understand and experience jobs related to information science, develop jobs related to LIS on the academic level and provide guidance to graduates.

A Study on Network Hospital and the Ban on Opening and Operating the Muliple Medical Institution (네트워크병원과 의료기관 복수 개설·운영 금지 제도에 관한 고찰)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.281-313
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    • 2016
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution and one of them is to prohibit the operation of multiple medical institutions In the past, there was a provision stipulating the same purpose. But because the Supreme Court interpreted that several medical institutions could be opened if the medical treatment was not made at the additional medical instition which was opened in the another doctor,s license, multiple medical institutions could be opened and operated. However, some health care providers opened the several medical institutions to another doctor's license just by the excuse of the business management and then did illegal medical cares like the unfair luring of patients, overtreatment, and commition treatment for more profits. So, the health rights of the people came to be infringed on. Accordingly, lawmakers amended the Medical Law for medical personnel not to open and to operate more than one medical institution. As the amended medical law prohibited a medical personnel to open multiple medical institution, some medical personnels insisted that the amended medical law is unconstitutional under which they could not be able to open and operate medical institutions on based on free investment and bring out the benefits of network hospitals. But the regulation to prohibit multiple institutions does not apply only to a medical personnel. Many other experts like lawyer and pharmacist can open only one office under such a restriction. If the regulation goes out of force, the procedure that multiple medical institutions should be opened and operated in the capacity as a medical corporation or a non-profit corporation does not have to be followed. And we should keep in mind that the permission for medical personels to open multiple medical institutions could lead virtually to commercial hospital. If in the nation with a very low rate of public medical service, If only a few medical personnels with capital own many medical institutions and operate commercially them, this could cause a falling-off in quality of medical service, ultimately infringe on the health rights and the life right of the people.

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Information technology and changes in firm activities:A case of the service industry in the United States (정보기술과 기업활동의 변화:미국의 서비스산업을 사례로)

  • Lee, Jeong Rock
    • Journal of the Korean Geographical Society
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    • v.29 no.4
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    • pp.402-419
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    • 1994
  • Telecommunication and intormation technology have been conceived as crucial as well as revolutionary elements for recent and future social and economic development, and their development have led to a spatial reorganization and locational change of economic activities. Information technology has resulted in important changes in the organization structure and location of firm. This study draws attention to the understanding of the relationship between the diffusion of information technology and changes in firm activities with the special reference to the service industry of the United States. Information technology has had a significant impact on the growth and changes of the service industry of the United States through changes in the organizational and employment structure, market structure, and locational changes. The impact of information technology on location changes of the service industry shows two opposite patterns, concentration and decentralization. Among these patterns, the location change in the service industry of the United States reveals predominantly the decentralization tendency such as suburbanization and transfer to lower ranking cities rather than concentration. In case of Korea, however, it is anticipated that the rapid development of information technology may lead to the concentration of the service industry in Seoul and Capital region.

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A Study on Classifications and Trends with Convergence Form Characteristics of Architecture in Tall Buildings (초고층빌딩의 융합적 건축형태 분류와 경향에 관한 연구)

  • Park, Sang Jun
    • Korea Science and Art Forum
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    • v.37 no.5
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    • pp.119-133
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    • 2019
  • This study is as skyscrapers are becoming increasingly taller, more constructors have decided the height alone cannot be a sufficient differentiator. As a result, atypical architecture is emerging as a new competitive factor. Also, it can be used for symbolizing the economic competitiveness of a country, city, or business through its form. Before the introduction of digital media, there was a discrepancy between the structure and form of a building and correcting this discrepancy required a separate structural medium. Since the late 1980s, however, digitally-based atypical form development began to be used experimentally, and, until the 2000s, it was used mostly for super-tall skyscrapers for offices or for industrial chimneys and communication towers. Since the 2000s, many global brand hotels and commercial and residential buildings have been built as super-tall skyscrapers, which shows the recent trend in architecture that is moving beyond the traditional limits. Complex atypical structure is formed and the formative characteristics of diagonal lines and curved surfaces, which are characteristics of atypical architecture, are created digitally. Therefore, it's goal is necessary to identify a new relationship between the structure and forms. According to the data of Council on Tall Buildings and Urban Habitat (CTBUH), 100-story and taller buildings were classified into typical, diagonal, curved, and segment types in order to define formative shapes of super-tall skyscrapers and provide a ground of the design process related to the initial formation of the concept. The purpose of this study was to identify the correlation between different forms for building atypical architectural shapes that are complex and diverse. The study results are presented as follows: Firstly, complex function follows convergence form characteristics. Secondly, fold has inside of architecture with repeat. Thirdly, as curve style which has pure twist, helix twist, and spiral twist. The findings in this study can be used as basic data for classifying and predicting trends of the future super-tall skyscrapers.