• Title/Summary/Keyword: 법적제도

Search Result 579, Processing Time 0.031 seconds

A Study on the present condition of preserving and managing Public Records in Korea (한국 공공기관 기록보존․관리의 현황조사에 관한 연구)

  • Han, Sang-Wan;Kim, Sung-Soo;Yoon, Dai-Hyun
    • Journal of Korean Society of Archives and Records Management
    • /
    • v.1 no.1
    • /
    • pp.131-152
    • /
    • 2001
  • This paper is a preliminary one for the paper titled "A study on the present condition of preserving and managing public records in Korea and establishment of mid-long term policies about preserving and managing public records" supported by the Joint Research Support Project, 2000-2001 of Korea Research Foundation. This article reviews the present condition of preserving and managing public records at 189 domestic public organizations such as state organizations, companiies, the libraries of universities find colleges, etc., that is, this article researches the amount of public records, facilities and equipments for preserving records, computerization, plans for microfilming records of those organizations in search of a method to preserve and manage public records of Korea in a proper way. The review delivers a synthetic analysis with 7 items including a fact that there is a very small possibility to convert the public records produced and preserved in domestic public organizations into 'information recourses' or to utilize them as administrative or historical records. Tn conclusion, it argues that making a law on preserving and managing public records should be accompanied by posting special staff and budgeting for it And more conclusive remarks regarding 6 other items are made.

An Analysis of the importance in fire-stations' works and redesign by disaster management steps (재난관리 단계별 소방업무 중요도분석 및 업무재설계)

  • Park, Chanseok
    • Journal of the Society of Disaster Information
    • /
    • v.10 no.4
    • /
    • pp.572-582
    • /
    • 2014
  • Fire-stations' works limited to the existing fire protection rescue and emergency services in rapidly changing disaster environment are not difficult to deal with the fire service demand of the people any longer. In this study, after calculating the importance of the disaster management about fire-stations' works by disaster management steps thorough a survey of experts about Fire and Disaster, firefighting tasks are to be redesigned. Experts have the higher rating in preparation step of firefighting tasks. Because securing resources and building systems in preparation step and safety training in prevention step have a high importance, it is required to improve efficiency of firefighting tasks through redesign. The most important point in redesign is to realize fire-stations' works are to expand and to develop such a policy if fire-offices excavate the civil and government cooperation works and provide such legal and institutional basis of establishment and operation. And it should be sought to maintain international cooperation for international disaster response. Ultimately, fire-offices will have further expansion in quality and simultaneously quantitatively by excavating 'collaboration (business cooperation)' or enhancing existing works in addition to existing 'fire and rescue, first aid' business.

Review of 2017 Major Medical Decisions (2017년 주요 의료판결 분석)

  • Lee, Jung Sun;Lee, Dong Pil;Yoo, Hyun Jung;Jeong, Hye Seung;Park, Tae Shin
    • The Korean Society of Law and Medicine
    • /
    • v.19 no.1
    • /
    • pp.207-254
    • /
    • 2018
  • The major court rulings delivered in 2017 include the ruling that separated the legal character of denture production agreement signed together with medical care agreement and found a subcontracting dimension in the former, and the ruling that overcame the limitations of the theory of entire appearance of a fetus as discussed in civil law by using the legal principle of insurance which suggests that unborn child insurance takes effect after the contract is signed and the first installment of the premium is paid in. As more court rulings find the medical specialists responsible for accidents and injuries from drugs, some argue that medication counseling by the druggist who makes and dispenses drugs should be upgraded. And with respect to a court ruling that denied the hospital's responsibility for an infection-involving accident even if there were no records on specific measures taken in infection management, some criticized the court for being too conservative in recognizing responsibilities. And with respect to infectious disease management, some criticized the court for its interpretation and application of the facts in the direction of denying the negligence. In addition, some claimed that it is necessary to establish institutional system for hospital infection control and its aid for victims, and to improve the system including the reversal of the burden of proof given the special nature of hospital infections. A number of rulings on the duty to disclose included the one which stated that the specific matter did not require a doctor's explanation as it was explained or the specific medical service would have been performed even if no explanation had been given. There was a greatly controversial ruling over the scope of indemnification, which accepted the occurrence of multiple scars and deformation as disorders while regarding breast as a thoracic organ. And a Supreme Court ruling over interpreting Medical Service Act was criticized as overstepping the boundary allowed in the law.

The Devices for Improvement against the Precedents about unfair Transactions in the Security Industries (경비업계에 있어서의 불공정거래의 사례 개선방안)

  • Kim, Tae-Wan
    • Korean Security Journal
    • /
    • no.11
    • /
    • pp.37-60
    • /
    • 2006
  • The area of security service has been maintaining the high growth curve annually by improving security consciousness from increase of the income and the progress of public services's level by the accomplishment in the info-communication field, recently the demand for unmanned security system is extended form commercial purposes into public offices and individual's houses. In addition to, the possible distance of offering services is scheduled to magnify. At the period when security company's influence has been becoming significant, the injustice transaction is the serious factor which obstructs the development of security companies. Therefore, it is urgent thing to devise counterplans to extirpate injustice transactions. There are the legalistic approaches of the breakthroughs against injustice transactions. One thing is settling the standard of the judgment and the other is renovating the provision of injustice transactions. Utilizing the principles of the fair competitions and importing self-obedience programs within the range of trade actions which is permitted by law, acted as the system approach. Moreover, there are such three things which can achieve mutual balances as establishing the range of the permitted action toward business corporations, applying spontaneously the fair competition principles and introducing the system of standard agreements. Gong further, this can establish order of security service areas and control them. Besides, it is possible for every organizations to make and operate the system appropriately by importing the self-observance system.

  • PDF

A Awareness Survey of HACCP Implementation in the Korean Slaughterhouses (도축장에서 HACCP 시행주체의 HACCP 운용수준 및 성공적 시행에 대한 인식실태)

  • 이영순;김용상;강경선
    • Journal of Food Hygiene and Safety
    • /
    • v.17 no.1
    • /
    • pp.45-54
    • /
    • 2002
  • Hazard Analysis Critical Control Point System (HACCP) is recognized worldwide as a science-based and systematic approach for food safety. This has been initiated to establish the HACCP system in Korean slaughterhouses by suggesting some of effective implementation ways. An awareness level survey using questionnaire for 124 owners and 363 employees of the slaughterhouses, and 170 government officers responsible for HACCP duties was performed. This study shows that only 34.7% of owners, 21.1% of employees, and 57.1% of government officers have good understanding of HACCP, but 93.5%, 88.9% and 93.6% respectively have the willingness of HACCP implementation. Major benefits in HACCP implementation in the slaughterhouse raised by respondents were improvement of hygiene level of the plant (54.1%), increase of meat sale (17.6%), pride of the production of safe meat for human consumption (9.6%) and increase of meat export (7.5%), while major obstacles were financial difficulties (33.2%), poor levels of the facilities and equipments in the plants (27.3%), poor level of personal hygiene (19.4%), and lack of understanding of HACCP (12.3%). The most urgent measures which respondents raised to implement HACCP system effectively in the slaughterhouses at the moment were the Improvement of levels of facilities and equipments in the plants (36.6%), the establishment of HACCP base through education and training (19%), special benefits to HACCP implementing plant (11.8%), and close relationship between government and the industry (10.3%). The present study shows some of effective ways to implement HACCP in slaughterhouses.

A Research on Diagnosis of Institutional Problem and Improvement Plan for Management in Coastal Dredged Sediment - Case Study of Masan Bay - (연안준설토 관리의 제도적 문제점 진단 및 개선방안 연구 - 마산만 사례를 중심으로 -)

  • Yi, Yongmin;Oh, Hyuntaik;Lee, Dae In;Kim, Gui Young;Jeon, Kyeong Am;Kim, Hye Jin
    • Journal of Environmental Impact Assessment
    • /
    • v.24 no.5
    • /
    • pp.444-455
    • /
    • 2015
  • In relation to the utilization and disposal of dredged sediment caused by coastal dredging project, we diagnosed the status of legal standard and system, and proposed the improvement plan. Dredging costal sediment distinguished the usage and the disposal by the Standard for the Beneficial Usage of Dredged Sediment. The site where disposal has been completed could be used as a site for developmental project. In case of the usage of dredged sediment for reclamation, we found that the adaptation of the Standard for Beneficial Usage of Dredged Sediment is appropriate for reclamation considering the characteristic of soil, the differences of variables, and the distinction of standard analysis methods. The current the Standard for Beneficial Usage of Dredged Sediment requires the improvement with the usage of dredging coastal sediment in the following. First, the Standard needs to include the standard of the discrimination for reclamation. Second, the current Standard is necessary to be divided by two levels, it needs to be mitigated considering human health risk. Third, it is necessary to consider both the marine environmental impact assessment and mitigation plan near coastal dredging area.

A Study on Rethinking the Operating of Counter-terrorism Systems in South Korea (한국 대테러시스템 운영의 재모색)

  • Kwon, Jeong-Hoon
    • Korean Security Journal
    • /
    • no.51
    • /
    • pp.153-170
    • /
    • 2017
  • The purpose of this study is to rediscover the operation of anti-terrorism system focusing on the system approach and crisis management approach for counter terrorism in Korea. According to the results of this study, it is required to establish a link between open systems and integrative system focusing on functional linkage of counter-terrorism systems, and cooperative measures with private sectors in the dimension of governance activation. Further, it is necessary to prepare legal foundations for the cooperation with private sectors and then promote open consciousness transformation through the partnership with private security for anti-terrorism activities. In addition, in its preventive stage, it is required to prepare legal systems related to biochemical terrorism for stronger regulations through crisis-managerial approach. Next, in its preparatory stage, it is necessary to prepare education and enact named Terror Prevention Day for increasing terror safety consciousness, and then extend citizen reporting reward systems to enable citizens to participate and become interested voluntarily in terror prevention. Also, it is essential to establish the substantial training system for preparing for terror occurrence. Moreover, in its response stage, it is urgent to construct networks between related institutions to manage field and spot responses with integrative management systems through information sharing. Furthermore, in its restoration stage, it is indispensible to prepare long-term management systems for injured persons and families of the deceased from terror incidents.

  • PDF

A Study on Unconstitutionality of Insurance Premium Rating System in Accordance with National Health Insurance Act. - Focused on Age and Gender in Premium Rating Standards Activity Rate and Living Standards of the Local Insured - (국민건강보험법상 보험료부과체계에 관한 법적 고찰 -지역가입자 생활수준 및 경제활동 참가율 부과기준 중 성과 연령을 중심으로 -)

  • Song, Kimin;Jeong, Jeong-Ile
    • The Korean Society of Law and Medicine
    • /
    • v.15 no.1
    • /
    • pp.185-209
    • /
    • 2014
  • While the local health insurance and the employment-based insurance were integrated in July 2000, the insured is divided into employment-based insured and the local insured and the relevant premium has been applied to both groups. The health insurance premium having the feature of social solidarity has to be determined depending on income, that is, the ability to pay in accordance with the principles of social insurance. While employment-based insurance premium has been determined depending on the earned income, the local insurance premium for the local insured has been determined by scoring gross income(evaluated income), property and possession of automobiles. A variety of improvement approaches has been implemented including introduction of the employment-based insurance premium ceiling system (2002) and the change of property scoring system for the local insured (2006). However, the health insurance system which was merged in 2000 has been implemented up to now without significant change even though there were lots of socio-demographic change including increase of income level and the population structure such as low birth and aging. In other words, it is required to implement the premium rating system securing the income-based equity. Nevertheless, it was inevitable to apply the diverse rating standards in the early stage because it was very difficult to verify the income of the self-employed. Although the income verification rate was significantly increased from 23% in 1989 to 44% in 2010, the irrational standards including property, automobiles, living standard and activity rate have been still applied to the local insured because it is difficult to secure the validity of insurance premium rating system and it severely lacks of security. This paper investigated whether the current insurance premium rating system for the local insured imposing the premium on the basis of 'gender' and 'age' complies with the basic human rights secured by the current Constitution of the Republic of Korea with respect to the practical and theoretic irrationality of insurance premium rating system and standards for he local insured. In accordance with the analysis results, this paper proposed the approach to improve the system.

  • PDF

Improving Legislation on the use of Healthcare Data for Research Purposes (보건의료 빅데이터의 연구목적 사용에 대한 법제 개선방안)

  • Park, Dae Woong;Jeong, Hyun Hak;Jeong, Myung Jin;Ryoo, Hwa Shin
    • The Korean Society of Law and Medicine
    • /
    • v.17 no.2
    • /
    • pp.315-346
    • /
    • 2016
  • With the development of big data processing technology, the potential value of healthcare big data has attracted much attention. In order to realize these potential values, various research using the healthcare big data are essential. However, the big data regulatory system centered on the Personal Information Protection Act does not take into account the aspect of big data as an economic material and causes many obstacles to utilize it as a research purpose. The regulatory system of healthcare information, centered on the primary purpose of patient treatment, should be improved in a way that is compatible with the development of technology and easy to use for public interest. To this end, it is necessary to examine the trends of overseas legal system reflecting the concerns about the balance of protection and utilization of personal information. Based on the implications of the overseas legal system, we can derive improvement points in the following directions from our legal system. First, a legal system that specializes in healthcare information and encompasses protection and utilization is needed. De-identification, which is an exception to the Privacy Act, should also clearly define its level. It is necessary to establish a legal basis for linking healthcare big data to create synergy effects in research. It is also necessary to examine the introduction of the opt-out system on the basis of the discussion on the foreign debate and social consensus. But most importantly, it is the people's trust in these systems.

  • PDF

Problems and Improvement Measures for the transformation of World Geodetic System (지적공부의 세계측지계 변환에 따른 문제점 및 개선방안)

  • Kim, Geun-Bae;Jeong, Gu-Ha;Jeon, Jeong-Bae
    • Journal of Cadastre & Land InformatiX
    • /
    • v.49 no.2
    • /
    • pp.123-134
    • /
    • 2019
  • The introduction of the world geodetic reference system in cadastral sector can apply the international standardization of cadastral survey and can be the basis for the creation of new industries by merging with other industries based on spatial information. With the introduction of the world geodetic reference system, non-coincidence land may cause problems which are whether the cadastral record and the real estate register are not consistent, etc. This problem infringes on the protection of ownership of citizens suggested in the main purpose of 「Act On The Establishment, Management, Etc. Of Spatial Data」. We have analyzed at overlapping cases between private land and overlapping cases between national and public land and suggested institutional improvement measures to solve problems arising on the site. As a result, it will be necessary to introduce a transformation verification measure by the world geodetic reference system in order to assign a function as a cadastral records to mapping converted to the world geodetic reference system. It is also expected that the legal and institutional basis should be established for alert adjustment and positioning through verification measures. Finally, it is difficult to determine the transformation factor as the co-ordinates of common points also differ because survey results vary by work area. Therefore, it is deemed necessary to consider the requirement to use the cadastral measurement basis by the world geodetic reference system in 2021.