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Role of Police for Enhancement of Elderly Safety (노인안전 강화를 위한 경찰의 역할)

  • Cha, Min-Kyu;Kwack, Dae-Gyung
    • Korean Security Journal
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    • no.41
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    • pp.387-408
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    • 2014
  • South Korea already became an aging society, and is now in the process of becoming an aged society. With increasing elderly population, elderly safety issues such as traffic accidents and elderly suicides are becoming important problems. Elderly victimization are increasing, and elderly safety accident is also becoming an imporotant social problem. The police is doing various activities for elderly safety. The police is conducting programs for the elderly, such as a prevention program for fraud against elderly, and safety checks and traffic safety education for preventing elderly traffic accidents. Also, there's a program of providing regular visits for a lone elderly, expansion of CCTV network and fingerprint registration to prevent elderlies with Alzheimer's disease going missing. However, these programs are not done on a national scale, but rather limited to local police stations. The purpose of this study is to seek police roles for enhancing elderly safety, due to lack of police activity in this area. Recommendation for police roles in enhancing elderly safety is to first conduct routine crackdowns on fraud against elderly and also conduct education programs for preventing fraud. Also, crimes such as elderly abuse is lead by elderly protection agencies, but considering elderly abuse is a crime, the police should take a leading role. Also, to prevent elderly suicide, meticulous management of elderlies with high suicide risk is necessary, and elderly protection areas should be designated to prevent traffic accidents. Also, elderlies should be induced to turn in their driver's license. To conduct these matters of elderly safety, an organization exclusively charged with elderly safety is necessary. Elderly safety is a broad concept, and since police alone cannot handle the task of ensuring elderly safety, the police should take on a leading role in cooperative efforts with various institutions of the government, non-profit organizations and the community to establish a social saftey net for elderly safety.

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Utilization Rate and Related Factors of Unified Health Sub-center Among Rural Residents (통합보건지소 설치 전후 주민들의 보건지소 이용율 변화 및 관련요인)

  • Hwang, Tae-Yoon;Kang, Pock-Soo;Kim, Seok-Beom;Lee, Kyeong-Soo;Kang, Young-Ah
    • Journal of agricultural medicine and community health
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    • v.27 no.2
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    • pp.107-126
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    • 2002
  • Health sub-centers(HSCs) have played an important role in primary health care in rural area in Korea. The unification of neighboring HSCs was a strategy to improve the role of HSCs. This study was conducted to reveal the efficacy of the unified HSC established in Yangbuk-myeon, Gyeongju-si in1997. The utilization patterns of HSC and its related factors, and satisfaction of consumer on HSC were compared before and after unification of two HSCs in Gampo-eup, Yangnam-myeon using questionnaire survey, and also the statistics of medical care services and public health services were compared. Four hundred forty nine subjects were questioned in survey, 156 from Gampo-eup, 147 from Yangbuk-myeon, and 146 from Yangnam-myeon. Following unification, the utilization rates and the frequency of visits in Gampo-eup declined. In all three areas, chronic illness was the common factor influencing the utilization and change in frequency of visits to the unified HSC. Following unification, aspects of consumer satisfaction, for example; accessibility and affordability decreased in Gampo-eup, but increased in both Yangbuk-myeon and Yangnam-myeon. The statistics relating to medical care, X-ray examination, home visiting service, vaccination, and health education showed an increase for the unified HSC when compared to the sum of the statistics for the previous two. The execution rates for other public health services were the same, or a little decreased. Clinical laboratory examinations and the issuing of civil affair documents were new services offered by the unified HSC. It is concluded, the overall consumer satisfaction with the unified HSC was improved. In Gampo-eup, where after unification there was no HSC, it seemed to be a barrier to accessing the unified HSC. The effect of the unified HSC, in the respect of medical care and public health services, was not as significant as expected at the time of being established. Therefore, the strategies to reenforce the unified HSC should be developed to provide all residents with comprehensive primary health care services.

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Comparative legal review between national R&D projects and defence R&D programs - A study on improvement of royalty system for the promotion of aircraft industry - (국가연구개발사업 및 국방연구개발사업 간 비교법적 검토 - 항공기산업 진흥을 위한 기술료 제도 개선에 관한 연구 -)

  • Lee, Hae-Jun;Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.153-180
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    • 2020
  • This study is meaningful in finding out what legal and policy issues need to be improved in order to foster the aircraft industry, which is relatively underdeveloped compared to the fact that some heavy industries, such as the automobile industry and shipbuilding industry, have achieved a high level of production and technology globally. Korea's aircraft industry has been growing at a slower pace than other industries, largely due to the country's economic growth and the lack of a market structure to properly use variables such as the level of development in related industries, aircraft technology and demand for aircraft manufacturing. While most industries are privately led by the market structure of the competition system, heavy industries such as the aircraft industry generally grow under the market structure of the incomplete competition system, because only by securing huge initial investment costs, high technology, and sufficient demand, they can maintain minimum economic feasibility. The Korean aircraft industry was focused on developing and mass-producing military aircraft focusing on military demand, but it sought to turn the tide by signing the BASA (Bileral Aviation Safety Agreement) with the U.S. A preliminary feasibility study was conducted in 2010 to develop next-generation medium-sized aircraft, but was cancelled due to differences in position with Canada's Bombardier, which is subject to the concourse, and Korea Aerospace Industries (KAI) is pushing for the production of Bombardier's Q400 license on its own. Compared to the mid-to-large sized civil aircraft that are facing difficulties in development, KAI and KARI are successfully developing technologies to unmanned aerial vehicles and civil helicopters. In addition, the unmanned aerial vehicle sector is not yet suitable for manufacturers that have an exclusive global influence, so we believe that it is necessary to pursue government-led research and development projects with a focus on the areas of commercial helicopters and unmanned aerial vehicles in order to foster the aircraft industry in the future. In addition, since military aircraft such as KT-1 and T-50 are currently being exported smoothly, and it cannot be overlooked that the biggest demand for aircraft manufacturing in the Korea is the military, it is necessary to push forward national R&D projects and defense R&D program simultaneously to enable both civilian-military development. However, there are many differences between the two projects in the way they are implemented, the department in charge and the royalty system. Through this study, we learned about the technology ownership and implementation rights of national R&D projects and defense R&D programs, as well as the royalty system. In addition, problems with the system were identified and improvement measures were derived.

Policy suggestions for active reporting of medical professionals for early detection of child abuse (아동학대의 조기발견을 위한 제도적 개선 방안: 「아동학대범죄의 처벌 등에 대한 특례법」이 정한 의료인에 의한 신고를 중심으로)

  • Bae, Seung Min;Lee, Sun Goo
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.143-169
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    • 2017
  • The Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes intends to encourage reporting and punishment of child abuse by using the concept of 'crime' in child abuse cases. Article 10 of the Act imposes duty to report child abuse on a number of different professions, including medical professionals. Currently, more than 80% of child abuse cases occur among family members and the detection rate of child abuse is as low as 0.5% in Korea. On the other hand, medical professionals can identify child abuse relatively clearly with specific medical opinions. Therefore, it is necessary that medical professions are informed of this duty and does not bear disincentive from reporting. This paper makes policy suggestions in this regard. First, it is necessary that medical students and medical professionals receive regular education about the obligation to report child abuse. Education should include details of the reporting duty, as well as the fact that there is legal obligation to report even if the child abuse is "suspicious", not certain. Second, it is imperative to establish and implement protective programs for medical professionals who report child abuse. The current law provides a rough framework for protection of people who report child abuse, but it is necessary to produce detailed guidelines that are applicable in the context of medical setting. Education for medical students and medical professionals should include the contents of these guidelines, so that they do not hesitate reporting because they fear the aftermath of reporting. Third, it is highly recommended that physicians use the national Baby/Infant Health Checkup Program as an opportunity to detect child abuse. In Korea, the Baby/Infant Health Checkup Program provides physicians to periodically monitor health condition of all babies and children until the age of 71 months. In order to utilize this program for early detection of child abuse, it is imperative that the bBaby/Infant Health Checkup Program is modified to involve child abuse experts and medical professionals who participate in the program are educated about child abuse.

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THE POSSIBLE IMPACT OF EUROPEAN COMMUNITY AIR TRANSPORT POLICY ON AVIATION INDUSTRY IN ASIA (EC항공운송정책(航空運送政策)이 아시아 항공산업(航空産業)에 미치는 영향(影響))

  • Cheng, Chia Jui
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.167-176
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    • 1992
  • 1957년에 서명된 로마조약(條約)을 처음 개정한 단일(單一)유럽법(法)이 1987년 7월 1일에 발효(發效)되었을 때 유럽공동체(共同體) 12개 회원국(會員國)들은 공동정책(共同政策)에 의거 상업(商業), 농업(農業), 운송(運送), 금융(金融) 및 기타 관련부분에 있어 단일역내시장(單一域內市場)을 형성하기로 약속했다. 물론 완전한 역내공동시장(域內共同市場)은 자유로운 운송시장(運送市場)을 전제로 한다. 따라서 EC조약(條約)은 모든 회원국(會員國)들이 서어비스의 자유에 근거하여 공동운송정책(共同運送政策)을 따를 것을 강제하고 있다. 항공운송(航空運送)에 있어서의 목표도 역시 다른 모든 경제활동의 목표와 마찬가지로 로마조약(條約)이 적용되는 공동운송정책(共同運送政策)의 일부를 구성하고 있다. 종합적인 공동체항공정책(共同體航空政策)의 작업에는 운임(運賃), 공급량(供給量), 시장진출(市場進出) 및 경쟁상(競爭上)의 일괄적인 자유화 조치 이상의 것을 내포하고 있다. 그것은 국가장벽으로 방해되지 않는 공동체(共同體)의 항공운송망(航空運送網)의 개발과 확장뿐만 아니라 경제(經濟), 안전(安全), 환경(環境) 및 사회적(社會的) 요인(要因)들 간에 합리적인 균형을 이루는 공동체항공운송정책(共同體航空運送政策)의 개발을 위한 공동항공운송정책(共同航空運送政策)의 공식화(公式化)를 요한다. 1987년의 항공(航空)에 관한 일괄입법조치, 1989년의 제 2 차 항공(航空)에 관한 일괄입법조치 및 1992년 이후로 예정된 제 3 차 일괄입법조치에 따라 EC는 초국가적(超國家的)인 항공운송(航空運送) 분야에 있어서의 개방적인 국제경쟁(國際競爭)을 본격적으로 추구하고 있다. 결국 이러한 일괄규칙은 EC와 제(第) 3 국(國)들간의 관계에 중대한 의미를 가지게 될 것이다. EC항공운송정책(航空運送政策)이 아시아 항공산업(航空産業)의 상업운선(商業運船)에 어떠한 영향을 미칠 것인가는 모든 아시아 국가들이 알아야 할 중요한 문제이다. 이론적으로 말해서, 역내공동체(域內共同體) 항공운송(航空運送)의 자유화는 아시아 국가들에 대한 치외법권적(治外法權的) 효과를 일으킬 수 있는 로마조약(條約)과 유럽사법재판소(司法裁判所)에 의해 형성된 원칙들에 필연적으로 영향을 미칠 것이다. 이와 관련하여 아시아 항공산업(航空産業)은 무차별원칙(無差別原則), 설립(設立)의 자유(自由), 서어비스의 자유(自由) 및 EEC 경쟁법(競爭法)과 같은 제(第) 3 국(國)의 국제항공운송에 영향을 미치는 일련의 새로운 원칙과 법률의 출현에 큰 관심을 갖고 있다. 실무적인 관점에서, 1992년 이후의 종합적인 공동체항공운송정책(共同體航空運送政策)의 작업에는 항공운화(航空運貨), 시장진출(市場進出), 제(第)3 및 제(第)4의 운륜자유권(運輪自由權), 복수지정(複數指定), 제(第)5의 자유(自由), 캐보타지(cabotage), 손상(損傷)(derogation), 공급량(供給量), 편수(便數), 불정기운항(不定期運航) 및 기타 부문항공기소음(部門航空機騷音), 최저(最低) 안전(安全) 및 사회적(社會的) 조치(措置), 항공종사자면허(航空從事者免許), 감항증명(堪航證明), 운항시간제도(運航時間制度), 컴퓨터 예약제도(豫約制度), 탑승거절보상의 공동최저기준(共同最低基準), 공중혼잡(空中混雜), 공항이착륙시간할당법(空港離着陸時間割當法), 공항시설(空港施設), 정부지원(政府支援 등). 이와 같은 모든 공동체항공운송정책(共同體航空運送政策)의 주요문제들은 아시아 항공산업(航空産業)에 여러 각도로 영향을 미치게 될 것이다. 위와 같은 문제들 가운데, 제(第) 3국(國) 항공사(航空社)들의 역내공동체(域內共同體) 항로(航路)의 접근, 공급량(供給量), 운임(運賃), 제(第)5의 자유(自由) 및 캐보타지가 아시아 항공산업(航空産業)에 관심이 큰 문제가 되고 있다. 아시아 항공사(航空社)들의 EEC시장(市場)에로의 상업운항(商業運航)이 다소 영향을 받게 될 것이다. 첫째, 복수(複數) 목적지(目的地) 문제이다. 둘째, 항공(航空)서어비스의 운임(運賃) 및 료솔(料率)문제이다. 셋째, 항공운송구역(航空運送區域)에서의 사업에 대한 경쟁원칙의 적용 문제이다. 넷째, 제(第)5 자유(自由) 운륜권(運輪權) 문제이다. 다섯째, 캐보타지(cabotage)문제이다. 끝으로, 유럽 항공사(航空社)들간의 합병(合倂)의 문제이다. 결론적으로 유럽공동체항공운송(共同體航空運送)의 자유화는 1993년까지 공동체(共同體) 역내(域內)와 역외(域外)의 항공운송법제(航空運送法制)의 현재의 모습을 극적으로 바꾸어 놓을 정도로 가속화(加速化)되고 있다. 한편 항공운송(航空運送)의 자유화(自由化)에 대한 EC의 제의는 대담하고 급진적이다. 반면에 그것이 아시아 항공산업(航空産業)에 미칠 영향 또한 중대하다. 의심할 여지없이 항공사(航空社)와 고객들의 이익면에서 EEC와 비(非)EEC국가들의 항공운송산업(航空運送産業)에서 더욱 경제적으로 경쟁적이 되도록 할 필요가 있다. 전세계 항공운송산업(航空運送産業) 운영(運營)의 대부분을 정부가 소유하거나 통제하는 것은 정말로 국제항공운송(國際航空運送)의 발전에 불필요한 장애를 일으킨다. 따라서 國內航空社와 전세계 항공사(航空社)들간의 이해관계의 조화를 협상하는 것이 중요하다. 아마도 아시아 항공사(航空社)들간의 지역적 협조가 미국(美國)뿐만 아니라 유럽으로 부터의 압력 증가에 대해 균형을 이루는 힘이 될 수 있을 것이다.

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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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Development of Health Promotion Program through IUHPE - Possibilities of collaboration in East Asia - (IUHPE를 통한 건강 증진 프로그램의 발달-동아시아권의 공동연구의 가능성-)

  • Moriyama, Masaki
    • Proceedings of The Korean Society of Health Promotion Conference
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    • 2004.10a
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    • pp.1-16
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    • 2004
  • This paper considers the possibilities of health promotion from the following perspectives; (1) IUHPE, (2) socio-cultural similarities, (3) action research, and (4) learning from our past. 1. The IUHPE values decentralized activities through regions, and countries such as Japan, Korea, Hong Kong, Taiwan and China belong to NPWP region. Since IUHPE World Conference was held in Japan in 1995, Japan used to occupy more than 60% of NPWP membership. After 2001, membership is increasing rapidly in Chinese speaking sub-region. The transnational collaboration is still in its beginning phase. 2. Confucianism is one of key points. Confucian tradition should not be seen only as obstacles but as advantages to seek a form of health promotion more acceptable in East Asia. 3. Within the new public health framework, people are expected to create and live their health. However, especially in Japan, the tendency of 'lacking of face-to-face explicit interactions' is still common at health-promotion settings as well as academic settings. Therefore, the author tried participatory approaches such as asking WlFY (interactive questions designed for subjects to review their daily life and environment) and as introducing round table interactions. So far, majority of participants welcome new trials. 4. The following social phenomena are comparatively discussed after Japanese invasion and occupation of Korea ended in 1945; ·status of oriental medicine, ·separation of dispensary services, and ·health promotion specialist as a national license. In contrast to Japanese' tendency of maintaining the status quo and postponing of substantial social change, trend toward rapid and dynamic social changes are more commonly observed in Korea. Although all of above possibilities are still in their beginning stages, they are going to offer interesting directions waiting for further challenges and accompanying researches.

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The Violation of Medical law and liability of tort regarding National Health Insurance Service (NHIS) - Supreme Court 2013. 6. 13 Sentence 2012Da91262 Ruling, 2015. 5. 14 Sentence 2012Da72384 regarding the Judgment - (의료법 위반과 국민건강보험공단에 대한 민법상 불법행위책임 - 대법원 2013. 6. 13. 선고 2012다91262 판결, 2015. 5. 14. 선고 2012다72384 판결을 중심으로 -)

  • Lee, Dong Pil
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.131-157
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    • 2015
  • NHIS claimed for damages to doctors that by doing the treatment breaching medical insurance criteria caused by doctors, NHIS paid for medicine cost to pharmacy; as a result, the doctors caused the tort to NHIS. Following consecutive rulings afterwards, NHIS also argued that the medicine cost violating medical law or medical treatment expense paid to medical organizations are both the tort in civil law. NHIS claimed for all the damages, and the Supreme Court confirmed this judgment. However, within our national health insurance system, the subject of insurance payment is NHIS and the subject of medical treatment expense are also NHIS since the treatment expense is also insurance payment by asking the treatment to medical organizations. Further, national health insurance law is not made to control the violation of medical treatment cases; therefore, the breach of medical law cannot be covered by illegality of tort in civil law regarding NHIS. If that is the case, in the case that if the patients are treated according to treatment criteria via the doctors delegated the doctors' permission by Health and Welfare minister, NHIS acquired the benefits to remove the duty to give treatment payment to doctors in civil law; thus, even though the doctors have breached the medical law, NHIS does not have any damages. The fact that supreme court confirmed the ruling that the treatment is the tort in civil law towards NHIS is the judgment not counting the benefits of insurance payment as the subject but only considering the fact that NHIS paid to the doctors and this ruling have gone against the principle under civil code section 750. If the doctors have breached the medical law, the case should be sanctioned by medical law not national health insurance law, and the ruling of supreme court is assumed that they have confused both with the principle of national health insurance law and civil law.

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A Study on the Sensitivity of Human Rights and the Advocacy Activities of Korean Occupational Therapists (국내 작업치료사의 인권감수성이 옹호활동에 미치는 영향)

  • Kim, Ji-Man;Hong, Ki-Hoon;Lee, Chun-Yeop;Kim, Hee-Jung
    • The Journal of Korean society of community based occupational therapy
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    • v.10 no.2
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    • pp.11-24
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    • 2020
  • Objective : The Human Rights constitute one of the basic pillars of every work where persons are involved, such is the case of the occupational therapy field. Methods : In this study we investigate the human rights sensitivity and the advocacy activities of occupational therapists. The differences according to their characteristics, the relationship and the impact of the human rights sensitivity are examined and presented. Making use of online surveys 116 subjects participated in the study. Results : The measured average of human right sensitivity is 69.00 ± 17.67 point, being them distributed according to the following subcategories: to the perception of the situation corresponds 23.25±5.62 points, to the perception of the consequences 22.75±6.54 points and for the perception of the responsibility 23±6.54 points. In all the cases have been taken in account the equal rights, the right to education in disables, the right to pursue the happiness of the elderly, the right of the disables to have personal freedom, the privacy rights and the privacy rights for mental illness people. According to the working area the Human Right sensitiveness is higher in Seoul than in the Gyeongsang province meanwhile the advocacy activities is higher in Seoul and in Gyeonggi province than in Gyeongsang province. Depending of the type of service, general hospitals and rehabilitation/nursing hospitals showed higher human rights sensitivity than other service organizations According to the working field, occupational therapy group focused in elderly showed higher Human Right sensitivity than other fields. Professionals belonging groups of clinical experience from 3 to 5 years and from 6 to 10 years showed higher advocacy activities than professionals with more than 11 years of experience. A positive correlation was showed between the human rights sensitivity and the advocacy activities. For this situation, the human rights sensitiveness was divided in sub-categories in perception of the situation, perception of the consequences and perception of the responsibility. As showed by the result of multiple regression analyses the advocacy activities of human would grow up in accordance with the increase of the human rights sensitiveness of responsibility perception. Conclusion : Due to the actual lack of information, the collection and study of basic data is fundamental for the development of practical human rights educational programs and to emphasize the role of the defense of the human rights.

New attempt on the Autonomous Vehicles Act based on criminal responsibility (자율주행자동차 사고시 형사책임에 따른 '자율주행자동차의 운행과 책임에 관한 법률안' 시도)

  • Lee, Seung-jun
    • Journal of Legislation Research
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    • no.53
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    • pp.593-631
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    • 2017
  • Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.