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Liberalization of Telemedicine in Germany (독일 원격의료 합법화와 법개정 논의)

  • Kim, SooJeong
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.3-33
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    • 2020
  • Until recently the German and the South Korean medical associations reacted cautiously to the introduction of telemedicine between doctor and patient which is exclusively on the platform conducted. But the General Assembly of German Physicians voted to lift the ban on remote treatment with the amendment to Section 7 (4) MBO-Ä(Medical Association's Professional Code of Conduct) in 2018 and the situation has been fundamentally changed in Germany. From then until now 16 of 17 rural medical associations have changed their professional code to allow telemedicine. In addition the legislature started to prepare the basis for the introduction of the electronic health card (eGK) and the telematics infrastructure. So far, various laws such as Medicinal Products Act, Drug Advertisement Act and Social Code have been changed to support legalization of telemedicine and digitalization of health care. Unlike in Germany, the social circumstances such as excessive centralization of the big hospitals in Seoul and the resulting concern of small medical practices for profitability are the main obstacles to the introduction of telemedicine. However the German approach how to legalise the telemedicine and to prepare for legal and technical infrastructure is also interesting in South Korea. The discussions for and against the changes in the law and the telematics infrastructure attempted by the German government for several years indicate that not only lifting the ban on remote treatment, but also harmonization of all the related legal system could guarantee successful implementation of telemedicine.

A Review of the Legal Nature that Users of the Virtual Currency Exchange Obtain and the Compensation Responsibility for the Damages Caused By Internet Problems or Network Errors (가상통화거래소 이용자가 가지는 법적 성격과 전산장애로 인한 손해배상 책임 연구)

  • Choi, JangWon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.11
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    • pp.287-294
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    • 2018
  • This thesis covers legal aspects of the crypto-currency exchange and the legal rights of crypto-currencies holders. Unlike financial markets in which central authorities or intermediaries determine the validity of transactions and manage records, crypto-currency markets utilize a decentralization system based on block chain technology. Such distinct characteristics distinguish crypto-currency from currency, notes, or financial instruments. Therefore, we need to check closely the legal principles that are applicable to crypto-currency. Crypto-currency users possess rights indirectly through the crypto-currency exchange. However, we should look at whether crypto-currency can be an object of ownership. This research found that legal protection for crypto-currency exchanges are limited. Domestic laws have many shortcomings to protect users' rights. This study found that users who incurred damages due to internet computation errors at exchanges require a protective system like stock markets. Therefore, studies on the legal controls and system regulations are required to protect users' rights. Also, crypto-currency information exchanges keep inside and protections for users' private information need to be further examined.

Legal Problems and Improvement Measures Concerning the Monopoly of Housing Construction Sales Guarantee Business by Housing and Urban Guarantee Corporation (주택도시보증공사의 주택건설 분양보증업무 독점에 관한 법적문제점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.21 no.2
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    • pp.78-84
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    • 2021
  • Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.

Increase of Labor Dispatching in China as a Combined Effect of the Global Financial Crisis and the 'Labor Contract Act' (세계경제위기와 '노동계약법'의 결합효과로서 중국 파견노동의 증가)

  • Baek, Seung-Wook
    • Korean Journal of Labor Studies
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    • v.19 no.1
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    • pp.177-211
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    • 2013
  • The Chinese dual structure of employment('Shuangguizhi') has been retained through the Economic Reforms, and has been supported and reproduced by the system of division between rural and urban household registration. In the 2000s, efforts of the government to abolish the division appeared to be effective with the introduction of the 'Labor Contract Act'. However, the eclecticism of the Act and the outbreak of the global financial crisis in 2008 gave new momentum to the revival of the Chinese dual structure of employment by increasing the scale of labor dispatching. Labor dispatching in China has become a regular form of employment rather than an exceptional one. Labor dispatching reveals its Chinese characteristics against the particular background formed during the periods of state-owned-enterprise restructuring around 2000. The combined effects of the 'Labor Contract Act' and the global financial crisis brought about the effect of increase rather than control of labor dispatching, and gave a signal to enterprises to use various forms of labor dispatching including 'reverse directional labor dispatching' to lessen burdens and costs caused by the Act and the crisis. As labor dispatching strengthens or displaces the existing dual structure of employment, social groups which need more social protection tend to be much more excluded from the protection of the government and the society.

The information process on labor and the protection of information human rights (노동정보처리와 정보인권보호)

  • 하우영
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.13 no.6
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    • pp.17-32
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    • 2003
  • The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers' side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers' side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals' with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.

A Study on How Governance of Genetic Scissors CRISPR-Cas9 for Research on Embryos Can Encourage a Researcher to Have a Sense of Responsibility - Focus on the Bioethics and Safety Act Article 47 - (유전자가위 CRISPR-Cas9을 이용한 인간 배아 연구에 있어서 연구자의 책임의식 고양을 위한 거버넌스 -개정 생명윤리 및 안전에 관한 법률 제47조를 중심으로-)

  • Kim, Minsung
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.121-148
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    • 2022
  • CRISPR-Cas9 is one of the gene-editing technologies that infinite potential. It may provide human beings with many benefits or cause unanticipated challenges. The governance as standards setting or regulation of gene-editing technologies can contribute to keeping a balance between scientific value and ethical commitments. Guaranteeing public participation provides an additional opportunity to think about ethical and moral considerations: For whose benefit the internationally discussed governance of gene-editing technologies is directed at? There is a doubt regarding whether the governance justifies scientific researchers' gene-editing research. Suppose that governance promotes the advancement of CRISPR-Cas9, it should also encourage greater research responsibility. If not, there may be tragedies brought about by the misconduct of researchers. Thus, the essential matter on the governance for the research of CRISPR-Cas9 is the researchers' responsibility.

A Research on the Exposure Status of Cybersecurity Risk of Process Control System and Its Counterplan (공정제어시스템의 사이버보안 위험 노출 현황 및 대응방안 연구)

  • Kim, Youngse;Park, Jinhyung;Kim, Sangki;Kim, Byungjick;Lee, Joonwon;Park, Kyoshik
    • Korean Chemical Engineering Research
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    • v.60 no.4
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    • pp.492-498
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    • 2022
  • Process control systems used in most domestic petrochemical corporates today are based on the Windows platforms. As technology leans toward opened environment, the exposure risk of control systems is increasing. However, not many companies are preparing for various cyberattacks due to lack of awareness and misunderstanding of cyber intrusion. This study investigated the extent of how much exposed the petrochemical process control system is to security threats and suggested practical measures to reduce OT cybersecurity vulnerabilities. To identify the cyber threat status of process control systems, vulnerabilities of the Windows platform, a principal cyber threat factor, have been analyzed. For research, three major DCS providers in Korea and the discontinuation of Windows platform of 635 control systems were investigated. It was confirmed that 78% of the survey subjects were still operating in the discontinued windows platforms, and those process control systems were operated in a state vulnerable to cyber intrusions. In order to actively cope with these cyber threats, legal regulations such as designation of critical infrastructure for major petrochemical facilities which is implemented in advanced countries such as the United States are needed. Additionally, it is necessary to take the initiative in eradicating security threats to the process control systems by aggressively introducing security solutions provided from existing DCS suppliers. This paper was submitted to Professor Ko JaeWook's retirement anniversary issue.

A Barrier-free Design Assessment of Sidewalks for Improving Pedestrian Infrastructure (Barrier Free 인증 모의평가를 통한 보행자도로 개선 방안에 관한 연구 - 인덕원역, 석수역 주변 왕복 6차선 도로를 중심으로)

  • Kang, Jun Mo;Lee, Gun Rock
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.29 no.1D
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    • pp.101-110
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    • 2009
  • Urban Designers and Planners are interested in creating barrier-free (BF) environments as the demand for social equity increases. BF design consists of design strategies for modifying buildings or facilities to be used by the physically disadvantaged or disabled. To construct buildings or facilities to be "Barrier-free", design standards specifically modified for the physically disadvantaged or disabled should be applied. The purpose of this study is to analyze the BF design standard used in the national laws and provide suggestions for their future improvements. In the study national laws in four countries were reviewed and important BF standards to be used in the laws were identified using a frequency analysis. The results of the frequency analysis were applied to the BF assessment criteria for sidewalk design. Then a field assessment for two sidewalks located in Seoul metropolitan region was conducted using the refined BF criteria. The findings from the field assessments indicated that current regulations were not appropriately designed to provide sufficient convenience for the disabled. It is needed to enhance the BF standards in the domestic regulations to offer sufficient mobility to the physically disadvantaged or disabled.

A Study on the Ways of Preparation of Disclosure Document and its Utilisation in Franchising: From a Franchisor Viewpoint (가맹사업에 있어 정보공개서의 작성 및 등록제도의 활용에 관한 연구 : 가맹본부입장에서)

  • Lee, Jae Yang;Kin, Pan Jin
    • The Korean Journal of Franchise Management
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    • v.2 no.2
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    • pp.1-23
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    • 2011
  • The Freedom of Information System has been introduced into the society based on the Fair Trade Transactions Act, which was established by Fair Trade Commission (FTC) on May, 2002. However, the system itself has showed limitations in guaranteeing a reliability and transparency of the disclosure document. Thus, since February, 2008, FTC not only made franchisors to register disclosure documents but also adopted the Disclosure Document Registration System, which forced them to provide registered disclosure documents to franchise applicants and franchisee. Franchisors consider the newly adopted Disclosure Document Registration System a restrictive system. However, considering the recent trend of fast growing franchising industry and the importance of being competitive, franchisors need to utilize the disclosure documents to promote their business and to gain trusts from franchise applicants by providing truthful information. In that way, franchisors will be able to establish a foundation that franchising industry might be successful and reduce the agency fee by cutting out conflicts with franchisees. Thus, this study aims to study the ways of effective preparation of disclosure document and its utilization from a franchisor viewpoint.

A Study for New Equity Compensation Alternative for Startups and Venture to Solid Staffing and Team Building in Korea: Focusing on Restricted Stock Units (스타트업과 벤처기업의 우수인력유치 위한 주식연계형 보상방안연구: 양도제한조건부주식(RSU) 도입 중심으로)

  • Hwangbo, Yun;Yang, Youngseok
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.18 no.6
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    • pp.1-10
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    • 2023
  • Strong Critics of' Moral Hazard, due to plummeting severely their stock price down and damage falling on plain investor, has been skyrocketed against massively and simultaneously exercising stock option right of C-Level members in Stock market listed startups right after IPO regardless of proper and legal process followed. Korean Financial Supervisory Board initiate new act of extending to apply'Lock-up Rule'even to stock option of core interest group after IPO. However, it will cause startups and venture more difficulties to recruit top level of talented staffs. This paper aims to propose RSU(Restricted Stock Unit) as alternative to breakthrough the current deadlock issue with respect to stock option controversy many startups facing. This paper to meet goal, first, including Korean introducing status of RSU, it clarify the concept of RSU by comparing exploration with Restricted Stock and define characteristic of RSU by comparing Stock Option. Second, it bring more effective ways of startups introducing RSU in Korea overcoming its limitations and challenges. Third, it carry out FGI to legal expert deeply involved of introducing RSU in Korea at policy domain. FGI focus on defining core challenging factors and their level of huddles of introducing RSU in Korea with proposing breakthrough policies to landing RSU softly in Korea. Fourth, it suggest valid policies of introducing and stabilizing RSU in Korea completely. This paper expect some contributions Korean startups and venture on finding market friendly right breakthrough out of stock option dilemma currently in.

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