• Title/Summary/Keyword: 면허

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A Study on the Problems and Improvement Measures of Licenses for Limited Fishery Business Related to Fisheries Damage due to Public Works Projects (공익사업에 따른 어업피해 관련 한정어업면허에 대한 문제점 및 개선방안에 관한 연구)

  • Seung-Woo Ryu;Eun-Chan Yoon;Kyoung-A Kang
    • The Journal of Fisheries Business Administration
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    • v.55 no.1
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    • pp.21-35
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    • 2024
  • In this study, we collected and analyzed the current status of licenses for the limited fishery business and divided the problems related to licenses for the limited fishery business into partial damage compensation and cancellation compensation areas. In the case of partial damage compensation areas due to existing public water use projects, it is suggested that the issuance of licenses for limited fishery businesses should be reconsidered. In the case of cancellation compensation areas, it is recommended that the disposition of communal fishery businesses that do not require capital investment should be the principle. If capital such as facilities are invested, compensation should be made by Article 52 of the Enforcement Decree of the Land Compensation Act if the licenses for limited fishery business are closed due to other development projects. In addition, we proposed an improvement plan to establish a rational management system for licenses for limited fishery businesses. In addition to these improvement measures, we hope that further investigation and research on licenses for limited fishery business, which have been insufficient so far, will be conducted to promote the comprehensive use of fisheries resources and waters and the sustainable development of fisheries that are the objectives of the Fisheries Act, and contribute to the improvement of the quality of life of the people and the balanced development of the national economy.

Learning from the Licensing and Training Requirements of the USA Private Security Industry : focused on the Private Security Officer Employment Authorization Act & California System (미국의 민간경비 자격 및 교육훈련 제도에 관한 연구 - 민간경비원고용인가법(PSOEAA) 및 캘리포니아 주(州) 제도 중심으로 -)

  • Lee, Seong-Ki;Kim, Hak-Kyong
    • Korean Security Journal
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    • no.33
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    • pp.197-228
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    • 2012
  • The private security industry in Korea has rapidly proliferated. While the industry has grown quickly, though, private security officers have recently been implicated in incidents involving violence, demonstrating an urgent need for systematic reform and regulation of private security practices in Korea. Due to its quasi-public service character, the industry also risks losing the public's favor if it is not quickly disciplined and brought under legitimate government regulation: the industry needs professional standards for conduct and qualification for employment of security officers. This paper shares insights for the reform of the Korean private security industry through a study of the licensing and training requirements for private security businesses in the United States, mainly focusing on the Private Security Officer Employment Authorization Act (hereinafter the PSOEAA) and the California system. According to the PSOEAA, aspiring security officers shall submit to a criminal background check (a check of the applicants' criminal records). Applicants' criminal records should include not only felony convictions but also any other moral turpitude offenses (involving dishonesty, false statement, and information on pending cases). The PSOEAA also allows businesses to do background checks of their employees every twelve months, enabling the employers to make sure that their employees remain qualified for their security jobs during their employment. It also must be mentioned that the state of California, for effective management of its private security sector, has established a professional government authority, the Bureau of Security and Investigative Services, a tacit recognition that the private security industry needs to be thoroughly, professionally, and actively managed by a professional government authority. The American system provides a workable model for the Korean private security industry. First, this paper argues that the Korean private security industry should implement a more strict criminal background check system similar to that required by the PSOEAA. Second, it recommends that an independent professional government authority be established to oversee and enforce regulation of Korea's private security industry. Finally, this article suggests that education and training course be implemented to provide both diverse training as well as specialization and phasing.

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Eligibility Standards for Recognized Organization Personnel Responsible for Statutory Survey (정부대행검사기관 선박검사원의 자격기준에 관한 연구)

  • Lee, Sang-Il;Jung, Min;Jeon, Hae-Dong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.4
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    • pp.366-373
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    • 2020
  • According to Article 77 of the Ship Safety Act and Article 97(2) of the Enforcement Ordinance of the Ministry, the Recognized Organization (RO) personnel (ship surveyors) responsible for statutory survey shall have educational qualifications and experience in a specific field or obtain a license under the National Technical Qualifications Act. However, graduates from maritime high schools and those who completed the short-term course of the Ocean Polytec did not satisfy the qualification standards for the RO personnel since they did not graduate from the departments of maritime/fisheries or shipbuilding. Major shipping countries such as the United Kingdom, the United States, and Canada use the IACS (International Association of Classification Societies) regulations, and the Ship Safety Act in Japan has eliminated the qualification requirements for ship surveyors. In particular, under the IMO (International Maritime Organization) and IACS regulations, the RO personnel shall have as a minimum the following formal educational background: a degree or equivalent qualification from a tertiary institution recognized within a relevant field of engineering or physical science (minimum two years' program); or a relevant qualification from a marine or nautical institution and relevant sea-going experience as a certified ship officer; and competency in the English language commensurate with their future work. Considering that Article 17 of the Enforcement Decree on Public Officials Appointment Examinations prohibits educational restrictions and there are no educational restrictions on the qualifications of British and Japanese surveyors, if the maritime high school graduates have sufficient sea-going experience, education, and training, they could be recognized as meeting the qualification requirements. Moreover, those who completed the short-term course of the Ocean Polytec could also be recognized as meeting the qualification requirements because they are required to have at least a professional bachelor's degree (in the case of a third-class CoC (Certificate of Competancy)) and some sea-going experience after completion.

Korean Space Activities and Its Policies : Present and Future (한국(韓國)의 우주산업(宇宙産業) 활동(活動)과 정책(政策) : 현재(現在)와 미래(未來))

  • Hong, Soon-Kil
    • The Korean Journal of Air & Space Law and Policy
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    • v.8
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    • pp.231-248
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    • 1996
  • 이 논문(論文)은 한국(韓國)의 우주(宇宙) 산업(産業) 발달(發達)과 그 과정(過程)을 고찰(考察)하고 현재 진행 중인 통신위성(通信衛星)의 개발(開發)과 그 사업(事業)을 뒷받침해 주는 국가(國家)의 정책(政策)을 살펴보고 있다. KOREASAT라고 명명(命名)된 통신위성(通信衛星) 개발(開發)에 현재 여러 기관이 관계(關係)하고 있으나 그 중 KARI(한국항공우주연구소(韓國航空宇宙硏究所)), ETRI(전자통신연구소(電子通信硏究所)), SERI(시스템공학연구소(硏究所)), KAIST(한국과학기술연구소(韓國科學技術硏究所)) 등이 중추적인 연구(硏究)를 하고 있다. 특히 이 논문(論文)에서는 아래와 같은 문제(問題)를 다루고 있다 첫째, 최근(最近) 한국우주개발(韓國宇宙開發) 상황(狀況) 둘째, 장기(長期) 우주개발(宇宙開發) 계획(計劃) 셋째, 현재(現在) 우주개발(宇宙開發) 상황(狀況)과 미래(未來) 우주개발(宇宙開發)에 관련한 정책(政策)적 문제(問題) 넷째, 한국(韓國) 우주개발(宇宙開發)과 정책(政策) 방향(方向)에 대한 의견(意見) 최근의 한국우주개발(韓國宇宙開發) 상황(狀況)은 크게 한국(韓國)의 통신위성(通信衛星) 사업(事業)인 Koreasat program과 다목적 위성사업(衛星事業)인 KOMSAT로 나타나는데 한국(韓國)의 최초 상업용(商業用) 위성(衛星)인 Koreasat는 1호가 1995년도에 발사(發射)되었으나 정상궤도(正常軌道) 진입(進入)에 문제(問題)가 발생하여 발사업체(發射業體)로부터 보상문제(補償問題)가 제기(提起)되기도 하였으나 2호는 성공리에 발사(發射)되었다. 미국항공우주회사(美國航空宇宙會社)와 공동(共同)으로 개발(開發)중인 새로운 과학위성(科學衛星)인 KOMSAT는 한국우주과학기술(韓國宇宙科學技術)을 한단계 더 발전(發展)시킬 수 있을 것이고 1999년도에 발사(發射) 계획(計劃)이다. 한국항공우주연구소(韓國航空宇宙硏究所) 중심(中心)의 장기(長期) 우주개발(宇宙開發) 계획(計劃)에서 제시(提示)하는 4가지 우주개발(宇宙開發)의 기본목표(基本目標)는 첫째, 우주산업응용산업(宇宙産業應用産業)의 상호협조개발(相互協助開發)에 의한 우주산업(宇宙産業) 육성(育成) 둘째, 한국(韓國)의 현재 우주산업상황(宇宙産業狀況)에 알맞은 특정분야(特定分野)를 선정(選定)하고 이 분야(分野)에서 최단기에 세계(世界) 최고의 기술수준을 성취(成就)하도록 집중(集中) 셋째, 외국과 긴밀한 협조(協助)로 선진기술(先進技術)의 습득(習得) 넷째, 체계적이고 통합(統合)된 장기우주산업발전(長期宇宙産業發展) 계획(計劃) 성립(成立) 등이다. 이러한 계획(計劃)에 주요 사안(事案)으로는 2015년까지 19기의 인공위성(人工衛星) 보유(保有)를 위한 제작계획(製作計劃)과 2010년까지 발사체(發射體) 개발(開發)을 마련하는 것이다 현재 우주활동(宇宙活動)에 관련된 문제(問題)는 주로 Koreasat의 서비스와 사용계획(使用計劃)에 대한 것으로 위성개발사업(衛星開發事業)에 있어서 관련 정부부서간(政府部署間)에 의견(意見)을 달리하고 있는 형태이다. 한국통신(韓國通信)과 정보통신부(情報通信部)는 위성(衛星)의 DBS 트랜스폰더에 대해 디지털 방식(方式)을 적용(適用)할 것을 제안(提案)했지만 공보처(共報處)는 반대(反對)의 입장(立場)을 표명(表明)한 것과 방송국(放送局)의 관리(管理)와 통제(統制)는 공보처(共報處)에 있고 무선통신표준(無線通信標準)에 대한 면허(免許)는 정보통신부(情報通信部)에 있기 때문에 방송국(放送局)에 대한 면허(免許)는 각기 다른 두 단계(段階)로 구성(構成)되는 문제(問題)가 발생(發生)한다. 또한 DBS 서비스에서 사기업(私企業)의 참여(參與)와 관련하여 재벌(財閥)의 참여(參與)를 허용(許容)하느냐의 여부(與否)의 논쟁(論爭)이다. 다음으로 미래(未來) 우주산업개발(宇宙産業開發)에 관한 정책문제(政策問題)를 살펴보면 국가적(國家的) 차원(次元)에서 조직적(組織的)인 육성책(育成策)에 대한 문제(問題)로 현재 주관 부처가 과학기술처(科學技術處)와 통상산업부(通商産業部)로 나뉘어 추진(推進)되고 있다는 점이다. 그리고 차세대(次世代) 통신위성개발(通信衛星開發) 계획(計劃)에 대한 문제(問題)로 최소 2${\sim}$4개의 궤도확보(軌道確保)와 이미 정상궤도(正常軌道) 진입(進入) 실패(失敗)에 따른 Koreasat 1호의 생명단축(生命短縮)으로 새로운 통신위성(通信衛星)을 4년이내에 발사(發射)해야 한다는 문제(問題)이다. 결론적으로 장기(長期) 우주개발계획정책(宇宙開發計劃政策)에 있어서 첫째, 국제적 우주개발사업(宇宙開發事業)에 대한 적극적(積極的) 참여(參與), 둘째, 우주(宇宙)에서 독립적(獨立的)인 활동(活動)을 할 수 있는 국가안보체제(國家安保體制)의 개발(開發), 셋째, 국가(國家) 위상(位相)의 발전(發展)과 우주개발(宇宙開發)을 위한 인력활용(人力活用)의 개발(開發), 넷째, 무한한 우주(宇宙)에 도전(挑戰)할 수 있는 우수(優秀)한 인재(人才)의 교육(敎育), 다섯째, 21세기를 대비(對備)하여 한국(韓國)의 우주개발정책(宇宙開發政策)의 결정(決定) 등이 고려(考慮)되어야 할 5가지 요소(要所)들이다. 그리고 막대(莫大)한 비용(費用)이 드는 우주개발사업(宇宙開發事業)을 효율적으로 추진(推進)하기 위해서는 국가(國家) 최고(最高) 지도자(指導者)의 직접지휘(直接指揮)를 받는 정부기구(政府機構)가 수립(樹立)되어 정부차원(政府次元)에서 추진(推進)하되 산학연(産學硏)이 협조(協助)하여 우주개발계획(宇宙開發計劃)을 추진(推進)하여야 할 것으로 본다.

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Review of 2016 Major Medical Decisions (2016년 주요 의료판결 분석)

  • Park, Tae Shin;Yoo, Hyun Jung;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.297-341
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    • 2017
  • We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

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Analysis and the Standardization Plan of the Terms Used by Seafarers on Small Vessel (소형선박 종사자 사용용어 실태 분석 및 표준화 방안)

  • Kang, Suk-Young;Ryu, Won;Bae, Chang-Won;Kim, Jong-Kwan
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.25 no.7
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    • pp.867-873
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    • 2019
  • As of August 2019, there were 3,823 vessels under 30 tons that could be included in the category of small vessels; these account for 42.5 % of the 9,001 registered vessels in Korea. The problem is that many small vessel seafarers face many problems such as an board communication disconnection, difficulties in communication in maritime license interviews, or education related to maritime training using a large number of nonstandard terms, which are derived from foreign languages; this is leading to a decline the job skills of small vessel seafarers. Therefore, in this study, we closely analyzed the terminology of small vessel seafarers and proposed a standardization plan. In the terminology analysis, the preliminary terms of the maritime license interview and the high-frequency terms of the small vessel educational textbook were identified and the corresponding nonstandard terms were examined. Based on a survey, an expert meeting was held and incorrect Japanese notation, English notation, and the standard language for key terms were presented to analyze which questionnaire was most familiar. The ratio of the use of standard words is relatively high in the case of nautical terms, however, the wrong Japanese notation is used more for engine terms; the analysis results by age and tonnage also generally use the Japanese notation and the use frequency of English notation was determined to be low. Based on this, short- and long-term plans for the use of standard words by small vessel seafarers were proposed, including the production of a standard language dictionary for terms used by these seafarers, a promotion of the importance of using standard terms, active education through educational institutions, and the systematic preparation and implementation of Korean-language education for foreign sailors.

Policy suggestions to educate and produce outstanding paramedics in Korea (우수한 1급 응급구조사 인력 양성 및 배출을 위한 정책 제안)

  • Choi, Eun-Sook;Koh, Bong-Yeun;Park, Hee-Jin;Kim, Hyo-Sik;Kwon, Hay-Rran;Choi, Hea-Kyung;Lee, Kyoung-Youl;Yun, Jong-Geun;Hong, Sung-Gi;Cho, Keun-Ja
    • The Korean Journal of Emergency Medical Services
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    • v.22 no.1
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    • pp.7-19
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    • 2018
  • Purpose: With the purpose of educating and producing outstanding paramedics by enhancing their competencies, this study aimed to make policy suggestions to re-establish the education system and improve the national examination and the certification scheme. Methods: This study used focus group interviews and questionnaires to collect data. Totally, there were 277 subjects, including experts from the education and field. Data were collected from September 9 to 20, 2016, and analyzed using SPSS 22.0. Results: To strengthen the curriculum of paramedics, this study suggested 27 courses with 94 credits as the standardized curriculum and derived 9 core competencies of paramedics. For the national examination, this study suggested consolidating written test subjects, adding scenario questions to practical tests, and applying critical criteria to simple practical tests that performs a procedure, grading these tests on a pass/fail basis. In addition, this study suggested converting certification into license, reflecting paramedics' healthcare job characteristics. Conclusion: The quality of emergency medical services in Korea will improve when those with core competencies that originated from the standardized curriculum based on the results of this study acquire their certification through the national test scheme, and the certification management system creates a virtuous cycle to further enhance paramedics' professionalism.

Criminal Liabilities of Ghost Surgery (유령수술행위의 형사책임 - 미용성형수술을 중심으로 -)

  • Hwang, Manseong
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.27-53
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    • 2015
  • Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.

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A Study on Enacting the Radiologic Technologist Act for the Civil Right to Health in Korea (건강권과 방사선사법 제정에 관한 고찰)

  • Lim, Chang-Seon
    • Journal of radiological science and technology
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    • v.30 no.4
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    • pp.313-320
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    • 2007
  • There are the Medical Radiation Health and Safety Act(the Patient Radiation Health and Safety Act, the Radiologic Technologist Act), the Medical Laboratory Technologist Act, the Physical Therapy Practice Act, and the Dental Hygienist Act, etc in America. However, Korea has only one Act for a medical radiologic technologist(including radiation therapy technologist, nuclear medicine technologist), medical laboratory technologist, physical therapist, occupational therapy examiner, dental hygienist, and so on. It is the Medical Technologist Act. Therefore, the Medical Radiation Health and Safety Act for a radiologic technologist(including radiation therapy technologist, nuclear medicine technologist) has to be enacted independently in Korea. It is the purpose of this Act to provide for the appropriate certification of persons using radioactive materials, equipment emitting ionizing radiation on humans or performing medical imaging for diagnostic and therapeutic purposes. In Korea, the radiologic technologist is a "fusion technologist" who is a person other than a licensed practitioner as a radiographer, radiation therapist, nuclear medicine technologist, computed tomography technologist, magnetic resonance technologist, mammographer, sonographer, medical dosimetrist, quality management technologist, etc. This Act will have some provisions related to the definitions, reserved title, scope of practice, specialized technologist, application for licensure, radiologic technology council, renewal, continuing education, the radiation control advisory commission, etc. This Act will ensure that quality radiation therapy treatments are delivered and that quality diagnostic information is presented for interpretation, which will lead to accurate diagnosis, treatment and cure. Accurate diagnosis can be provided only when a personnel is properly educated in technique, equipment operation and radiation safety. In the end, this Act will protect the civil right to health. By regulating the personnel responsible for performing those procedures, this Act will mean improved care for patients-higher quality images, improved accuracy, and less exposure to radiation.

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Study on Knowledge and Safety Management of Radiation Workers (방사선작업종사자의 방사선 지식정도와 안전관리에 대한 연구)

  • Kim, Wook;Choi, Nam-Gil;Han, Jae-Bok;Song, Jong-Nam
    • The Journal of the Korea Contents Association
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    • v.14 no.4
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    • pp.243-248
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    • 2014
  • This study has been carried out to find out current status of understanding radiation safety expertise by workers under the present training scheme and to minimize radiation risks at work as well as to refurbish training systems for mitigation of uneasiness of the people at large in near future. Questionnaire survey asking 30 items was carried out during 3 months from May to July, 2013. The number of the overall respondents were about 500. Overall scores of hath degree of the basic knowledge and of the attitude related with radiation safety could he procured through analysis of the questionnaire data. Results were as followings: The workers of the higher academic level, the larger of the accumulated training time and the worker's personal antecedents, the more accredited license holders showed the larger scores of the basic knowledge of radiation as well as the attitude related with the radiation safety. The group having higher basic knowledge also showed the higher score in attitude related with radiation safety. The overall scores obtained from the radiation workers in industrial sector were relatively lower, in general, than those of the other sectors. These results suggest that the training program might better be separately implemented. A specific training program implementation might be desirable particularly for the workers in industrial sectors so as not only to reduce radiation risks of workers but also to mitigate the uneasiness arising among the people at large.