• Title/Summary/Keyword: 법적 지위

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지상(紙上) 블로그 - 학교도서관, 책 읽기에 교과교사와의 협동수업을 더하다

  • So, Byeong-Mun
    • KLA journal
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    • v.53 no.3
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    • pp.24-27
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    • 2012
  • 채 10년도 안되는 기간동안 학교도서관은 천국과 지옥을 오가고 있다. 2002년부터 교육인적자원부(현 교육과학기술부) 주도로 시작된 '학교도서관활성화사업'을 통해 낡은 학교도서관 시설은 현대식으로 바뀌었으며, 교원으로서 사서교사는 1998년부터 지속적으로 현장에 배치되었고, 2007년 "학교도서관진흥법"이 제정되면서 나름 학교도서관에 대한 구체적인 법적 관심을 받았다. 먼지 쌓이는 교실 한 칸도 되지 않던 창고같던 학교도서관은 늘어난 장서와 PC를 포함한 다양한 IT 기기, 편안하게 책을 읽을 수 있는 교구 등을 갖추면서 나름 도서관답게 바뀌기 시작했던 시기이다. 학교도서관 운영의 주체성과 자율성을 가질 수 있는, 많지는 않더라도 교사라는 지위로 사서교사가 전국의 초 중등학교에 지속적으로 배치되던 시기이기도 하다. 도서관 관련 법에서 늘 구석에 있던 학교도서관은 "학교도서관진흥법" 및 시행령이라는 단독법안으로 제정되어 법리 상 관심을 받던 시기였다. 여기에 더해 책 읽기에 대한 관심이 커지면서 학교도서관을 중심으로 다양한 책읽기 프로그램 등이 운영되고 나름 학교도서관이 활성화되는 것 같았다. 하지만 화려하게 바뀐 학교도서관은 자격이 있는 인적자원 배치와 지속적인 장서의 공급 등을 통해 유지되기보다는 운영시간 연장 등 시설 자체의 운영에 초점이 맞춰지는 시기로 바뀌었다. 98.6%에 이르는 학교도서관 설치 대비 46% 밖에 되지 않는 인적자원의 배치 현황, 그나마 학교도서관에 배치된 인적자원의 14.7%만이 정규직 사서교사, 사서(직원)이라는 현실은 안정적이고 지속적인 인적자원 배치에 대한 기대를 더 이상 할 수 없는 어려운 시기로 바뀌었음을 보여준다. 단독법안으로 학교도서관의 진흥과 활성화에 기여할 것으로 기대했던 "학교도서관진흥법"은 학교도서관 관련 시설, 인적자원, 운영에 대한 분명하고 명확하지 않은 법조항 때문에 관점에 따라 다양한 해석을 할 수 있어 오히려 학교도서관의 발전을 저해한다는 일부의 비판도 받았다.

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Das Recht des Gefangenen auf die medizinische Behandlung, $\ddot{a}$rztliches Gutachten und die Unterbrechung der Vollstreckung einer Freiheitsstrafe wegen Krankheit (수형자의 치료받을 권리, 의사의 진단과 형집행정지)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.87-112
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    • 2013
  • Vor kurzer Zeit gibt es viele Diskussion $\ddot{u}$ber die Unterbrechung der Freiheitsstrafe aufgrund der Krankheit. Man wollte ihre Voraussetzungen einerseits durch 'Kommission f$\ddot{u}$r die Unterbrechung der Freiheitsstrafe' andererseits durch doppelte medizinische Gutachten strenger machen. Jedoch muss man auf die im voraus zu entscheidende Frage antworten, ob das Recht des Gefangenen auf Gesundheit geschutzt wird, insbesondere die Gefangenen in Justizvollzugsanstalten medizinische Behandlungen genug nutzen k$\ddot{o}$nnen. Meine Antwort ist 'Nein!'. Im kStvollzG bestehen die Regelungen f$\ddot{u}$r medizinische Behandlung mit staatlicher Beteilung und mit Selbstbeteiligung au${\ss}$er Justizvollzugsanstalten. Im Prinzip muss der Staat f$\ddot{u}$r die Behandlungskosten der Gefangenen bezahlen. In der Tat aber nicht. In diesem Beitrag wurden die Antwort auf die Vorfrage aufgrund der Erfolgen der zwei Rundfragen zu geben versucht, um die Voraussetzungen der Unterbrechung der Freiheitsstrafe strenger zu machen.

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안등창익(安藤昌益)의 의학사상(醫學思想)

  • Park, Mun-Hyeon
    • Journal of Korean Medical classics
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    • v.21 no.1
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    • pp.303-315
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    • 2008
  • 안등창익(安藤昌益)(1703-1762)시일본강호시대적의사(是日本江戶時代的醫師), 야시독창이진보적사상가(也是獨創而進步的思想家). 비시의학적시대(卑視醫學的時代), 타주장여의론병제고의술혹의도적사회지위(他主張與醫論병提高醫術惑醫道的社會地位). 타사료(他寫了)"자연진영도(自然眞營道)"전정료대어의학원리화치방기술상참신적철학기초. 타적의학사상불시종병론출발(他的醫學思想不是從病論出發), 이시종생명론출발적(而是從生命論出發的), 즉생명시자연적창조물(卽生命是自然的創造物). 타인위유어사회적모순(他因爲由於社會的矛盾), 대자연화인회생병(大自然和人會生病), 나착사회병리학적기초(拿着社會病理學的基礎), 사병인론체계화(使病因論體系化). 이차병인시제기관관계적고취(而且病因是諸器官關係的告吹), 호성적부조(互性的不調), 인차타나출농정호성관계적호성치료론(因此他拿出弄正互性關係的互性治療論). 창익부정종장부론도삼초화심포적존재(昌益否定從藏腑論到三焦和心包的存在), 병중시위화비특이적기능. 인이주장별유분개적사장사부론(因而主張別有分開的四臟四腑論). 창익강조자연치유법적의학사상(昌益强調自然治癒法的醫學思想), 중시예방의학(重視豫防醫學), 재치료상현현출소극적일면(在治療上顯現出消極的一面). 재가상비판전통적의학론(再加上批判傳統的醫學論). 타이독창적자연철학위기초(他以獨創的自然哲學爲基礎), 당확립신적의학방법론시(當確立新的醫學方法論時), 사호범료조지과급적착오(似乎犯了燥之過急的錯誤). 상차여차(尙且如此), 타적독창사상도현재부단몰유피망기(他的獨創思想到現在不但沒有被忘記), 다소재의학분야상유열렬적후계자화지지자시(多少在醫學分野上有熱烈的後繼者和支持者是), 아문응해요주목적일면(我們應該要注目的一面).

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A Study on the Hybrid Policing of Policing Space Follow Character Alteration of Space (공간의 성격변화에 따른 Hybrid Policing의 치안활동 영역에 관한 이론적 고찰)

  • Seo, Jin-Seok
    • Korean Security Journal
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    • no.11
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    • pp.87-104
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    • 2006
  • When the character of space could be dichotomized into the existing public space and private space, social order could be maintained by public policing only, Since enormous private property was formed and private space was enlarged by the development of capitalism, however, the necessity of private policing system came to the front. The large capitalists began to establish separate policing system to protect their property and safety. However, as social alteration was further diversified scale of economy was enlarged, the character of space could not be simply explained owing to the formation of space that could not be explained by simple dichotomous division. Namely, the 3rd space was formed as middle class between public space and private space. The 3rd space created additional demand of policing besides the existing public policing and private policing. The policing system to safety such demand of policing is called hybrid policing. As policing system in which character and legal status of public policing and private policing are mixed, the hybrid policing system may be originated from the diversification of demand of policing. Johnston insists that the demand of hybrid policing system will be further increased, becoming the model of policing system in the future. In Korea, the police guard system or special guard system can be classified into the type of hybrid policing. In accordance with the trend of diversified demand of policing in the future, I suggest to develop Korean model of hybrid policing system so that it can be utilized in elevating the policing index in Korean society.

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A Study on Ex-post Regulation of Zero-rating Service - Comparative Legal Study on Relevant Laws and NRA's Decisions Between Domestic and Overseas Countries - (제로레이팅 사후규제 방안에 대한 연구 - 국내 및 해외 주요국 법령 및 심결의 비교법적 고찰 -)

  • Cho, Dae-Keun;Hong, Joon-Hyung
    • Informatization Policy
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    • v.26 no.1
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    • pp.83-105
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    • 2019
  • The purpose of this study is to analyze the domestic and overseas laws and regulators' decisions related to zero-rating (ZR) practices through a comparative approach and to support development of the ex-post regulation. Although most countries are adopting ex-post regulatory approaches toward the globally increasing ZR practices, there is no uniform standards or an approach to consider when deciding whether to allow mobile ISPs' zero-rating practices in the market. However, in recent years, some countries have been improving their policy transparency with respect to ZR through enacting and amending relevant laws as well as making trial decisions. The comparative analysis shows that each country investigates restriction of the user choice and ISPs' adherence to the obligation of non-discrimination in order to judge whether the user benefits are damaged by the ZR practices. It also investigates ISP-CP's market positioning and ISP's vertical integration for profit squeeze to find out whether they harm fair competition with ZR practices in the mobile ecosystem. Based on the results of the comparative analysis, we suggest the desirable ZR regulatory directions under the domestic legislative status.

The Definition of Outer Space and the Air/Outer Space Boundary Question (우주의 법적 지위와 경계획정 문제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.427-468
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    • 2015
  • To date, we have considered the theoretical views, the standpoint of states and the discourse within the international community such as the UN Committee on the Peaceful Uses of Outer Space(COPUOS) regarding the Air/Outer Space Boundary Question which is one of the first issues of UN COPUOS established in line with marking the starting point of Outer Space Area. As above mentioned, discussions in the United Nations and among scholars of within each state regarding the delimitation issue often saw a division between those in favor of a functional approach (the functionalists) and those seeking the delineation of a boundary (the spatialists). The spatialists emphasize that the boundary between air and outer space should be delimited because the status of outer space is a type of public domain from which sovereign jurisdiction is excluded, as stated in Article 2 of Outer Space Treaty. On the contrary art. I of Chicago Convention is evidence of the acknowledgement of sovereignty over airspace existing as an international customary law, has the binding force of which exists independently of the Convention. The functionalists, backed initially by the major space powers, which viewed any boundary demarcation as possibly restricting their access to space, whether for peaceful or non-military purposes, considered it insufficient or inadequate to delimit a boundary of outer space without obvious scientific and technological evidences. Last more than 50 years there were large development in the exploration and use of outer space. But a large number states including those taking the view of a functionalist have taken on a negative attitude. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It seems therefore to welcome the arrival of clear evidence of a growing recognition of and national practices concerning a spatial approach to the problem is gaining support both by a large number of States as well as by publicists. The search for a solution to the problem of demarcating the two different legal regimes governing the space above Earth has undoubtedly been facilitated and a number of countries including Russia have already advocated the acceptance of the lowest perigee boundary of outer space at a height of 100km. As a matter of fact the lowest perigee where space objects are still able to continue in their orbiting around the earth has already been imposed as a natural criterion for the delimitation of outer space. This delimitation of outer space has also been evidenced by the constant practice of a large number of States and their tacit consent to space activities accomplished so far at this distance and beyond it. Of course there are still numerous opposing views on the delineation of a outer space boundary by space powers like U.S.A., England, France and so on. Therefore, first of all to solve the legal issues faced by the international community in outer space activities like delimitation problem, there needs a positive and peaceful will of international cooperation. From this viewpoint, President John F. Kennedy once described the rationale behind the outer space activities in his famous "Moon speech" given at Rice University in 1962. He called upon Americans and all mankind to strive for peaceful cooperation and coexistence in our future outer space activities. And Kennedy explained, "There is no strife, ${\ldots}$ nor any international conflict in outer space as yet. But its hazards are hostile to us all: Its conquest deserves the best of all mankind, and its opportunity for peaceful cooperation may never come again." This speech seems to even present us in the contemporary era with ample suggestions for further peaceful cooperation in outer space activities including the delimitation of outer space.

A Study on Modern Shape Art Expression with an Animal Third Perspective of Jacques Derrida (데리다(Jacques Derrida)의 동물 타자 시선에서 본 현대 형상 예술 표현 연구 -본인의 작품을 중심으로-)

  • Lee, Hee-Young
    • Cartoon and Animation Studies
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    • s.50
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    • pp.299-325
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    • 2018
  • Humans have made a third person over a long history and differentiated them from each other. Discrimination of 'us' and 'them' has led Derrida to make works to look upon the human nature towards animal strangers. This study tries to examine upon the expansion of animal strangers by focusing on 'The Animal That Therefore I am.' Furthermore, the research asserts to pay more attention to animal strangers by looking at his works of how modern people think about animals in the current society. Derrida expresses his 'humiliation' that he felt when he faced his cat after a shower. This emotion brings up the topic that was neglected in the conventional wisdom and casts doubts on this. This emotion of humuliation is only felt by humans, and he explains this is one way of feeling like a 'human.' The researcher therefore focuses on the 'experiences of humans' and looks at the ambivalence of humans in culture and the irony in natural animals. This perspective criticizes Speciesism, which considers people other than oneself able to be suffered. This view also tried to escape anthro-pocentrism and looked at the animals on their own. This study examines current animal strangers with theories of Donna Haraway and Jane Goodal, and analyzes Derrida's artworks with Susan Sontag's philosophy. This aims to lead to a conclusion of how to reach an optimal relationship between human and animal. By focusing on Derrida, who has not been highlighted yet in this country, hopes to create effective communication between human and animal by explaining his artworks through new philosophy of animals.

A Study on the Collection Strategies of Library Materials for the National Library for the Disabled (국립장애인도서관 장애인자료 수집전략 연구)

  • Sin-Young Kim;Ok nam Park
    • Journal of Korean Library and Information Science Society
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    • v.54 no.4
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    • pp.123-150
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    • 2023
  • The National Library for the Disabled was upgraded to a primary affiliated organization of the Ministry of Culture, Sports and Tourism on June 4, 2020, in accordance with Article 24 (1) of the Library Act (Law No. 16685). The National Library for the Disabled is currently preparing to build an independent library building. Now that the National Library for the Disabled has secured its independent legal status, it must become a specialized national library by comprehensively collecting not only alternative materials for the disabled, but also domestic and foreign materials useful to researchers related to the disabled. Accordingly, the purpose of this study is to conduct basic research for comprehensive and strategic collection of library materials for people with disabilities, which is an essential part of the statutory work of the National Library for the Disabled. To this end, the concept and category of library materials for the disabled that are expected to be useful for satisfying the intellectual needs of the disabled and for education and research related to the disabled were established targeting knowledge information resources produced and distributed domestically and internationally. Next, based on the current collection development policy of the National Library for the Disabled, an implementation strategy and mid to long term roadmap for comprehensively collecting library materials were presented.

A study on the Improvement Approaches of the Elderly Welfare Law according to change the Population Structure (인구구조 변화에 따른 노인복지법적 대응 방안)

  • Lee, Chuck-He;Noh, Jae-Chul
    • Industry Promotion Research
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    • v.5 no.4
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    • pp.73-79
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    • 2020
  • This study is based on the need to Lawively respond to changes in the population structure according to the low birth and elderly society, and to contribute to the establishment of policies on the welfare of the elderly, based on the need to review the "Elderly Welfare Law", and proposed ways to improve them by looking for problems with the Elderly Welfare Law. First, it is the enLawment of the Basic Law on The Welfare of the Elderly. As a proposal to improve the Elderly Welfare Law, it is a way to completely revamp the Elderly Welfare Law to grant a status as the basic law and the supreme law on the welfare of the elderly. Second, it is necessary to overhaul the law on elderly health and welfare measures and elderly welfare facilities. The plan is to revise the Elderly Welfare Law to clearly revise the legal charLawer of the elderly to the health and welfare measures of the elderly and the Law on elderly welfare facilities. Third, the legal system of the Elderly Welfare Law should be reorganized. The plan is to maintain the contents of the major welfare policies contained in the current "Elderly Welfare Law", but to revise it with a focus on the systemic issues mentioned above. In conclusion, the current "Elderly Welfare Law" was made in the context of the period at the time of its establishment and the basic courtesy of the elderly, and there are many points that are insufficient to cope with the low birth rate and the elderly society. Accordingly, this study proposes amendments and supplements to the Elderly Welfare Law, which can accept the request stipulated by the times due to changes in population structure.

A Study on the Safe Transportation of a Non-Standardized Cargo (Steel Box) for General Cargo Ships (일반화물선에서 비표준화물(철재상자)의 안전한 운송을 위한 고찰)

  • Kim, Ji-Hong
    • Journal of Navigation and Port Research
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    • v.43 no.6
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    • pp.444-449
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    • 2019
  • The "Standard on Cargo Stowage and Securing" implemented to safely stow and secure the cargo of international shipping vessels and domestic car ferries, has also been applied to general cargo ships transported between domestic ports since J anuary 2018. As a result, a new type of cargo, such as a non-standardized steel box transported by general cargo ships to major ports in Korea from Jeju Island in Korea, must be factored as the method of safe stowage and securing according to the legal classification of cargo. This study analyzed the legal status of a steel box by analyzing the actual size, shape of steel box through field verification, collection of data from relevant agencies and finally proposed the methods of safe stowage and securing for a steel box in the cargo holds of general cargo ships. According to the relevant domestic laws and international regulations, steel boxes could be classified as pallette boxes with protective outer packing, a type of non-standardized cargo. Additionally, when a steel box is loaded into the cargo hold of general cargo ships, a method of loading and transporting them must be factored so that there is no gap in the cargo hold of ships. Verification of the safety of the tightly loading and transportation measures in the reviewed cargo hold was verified through safety of the hull structure and securing of the ship's stability. As a result of verification of the safety of the hull structure, the value of the structural strength on both sides and the floor of the cargo hold for the total weight of cargo that can be loaded in the cargo hold was satisfied, and the value of the ship's stability was satisfied with the value of GoM and the restoration of the three cross-sectional stability curve areas.