• The Korean Society of Law and Medicine
• /
• v.21 no.1
• /
• pp.33-67
• /
• 2020

The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

• The Korean Society of Law and Medicine
• /
• v.20 no.2
• /
• pp.207-229
• /
• 2019

It is a general recognition that more serious criminal acts in a certain area of society should be given more serious condemation than the same general crimnal act. In particular, considering the purpose of the medical treatment and the trust relationship between the doctor and the patient, the sexual violence by doctor in medical field can not be placed on the same line as that of the general public. But the special legislation to solve this through criminal legal sanctions is not desirable. The basic principle of criminal law ist ultima ratio, so the principle of supplementality. It means to try to solve by all possible means and finally to enter with punishment. A flat and hasty Reaction without the considering of the speciality of medical treatment will cause serious cracking in that area. In addition, it will not be able to expect desirable results in legal practice by breaking down the legal system. Rather, administrative regulation is more efficient than punishment sanctions. But the best way is autonomous control by members of the medical area. Penalties in criminal law must make an enterance at the last, and administrative regulation should be timely intervene in specific situations through diversification. In conclusion, state interventions should be farthest in order to proceed to autonomous control of medical area.

• Journal of Digital Convergence
• /
• v.18 no.10
• /
• pp.459-467
• /
• 2020

The number of SNS false and exaggerative advertising has been consistently increasing nowadays. Among others, millennials who use SNS most frequently and enjoy e-commerce have become victims of false and exaggerative advertising. Thus, this study is designed to examine millennial consumers' attitude toward SNS false and exaggerative advertising through in-depth interview. Study findings suggest that millennials have very negative attitude toward SNS false and exaggerative advertising regardless of if they are victims or not. In particular, millennials who are victims of SNS false and exaggerative advertising have negative attitude toward SNS companies as well as advertised brands on SNS. Millennial consumers think that SNS companies need to come up with guidelines to regulate SNS false and exaggerative advertising, and government also needs to apply proper measures. Since SNS false and exaggerative advertising may have negative impacts on millennials' purchase intentions as well as brand loyalty, companies need to consider millennial consumers' characteristics when it comes to launching SNS advertising targeting millennials. This finding provides practical implications for marketers.

• Journal of Legislation Research
• /
• no.55
• /
• pp.7-56
• /
• 2018

This paper deals with the legal meaning and issues of street performances. The key elements in the legal sense of street performances (or artistic performances) are 'public places' and 'artistic activities'. Therefore, as far as belongs to "artistic activities in public places", we can call them in principle as street performances regardless of its level of art, whether they are paid or not, size of performances or genre of artistic activities. Street performances are a way for anyone to freely participate and enjoy art by being performed on open places. In addition, street performances can be seen as more popular and democratic artistic acts than mainstream art culture in that anyone can become street performers. Although street performances are in vogue and becoming a universal cultural phenomenon, they do not appear to be legally organized yet. However, we don't have to strictly regulate street performances on the grounds that they are something different and special. Instead, they should let their street performances be freely performed and enjoyed in accordance with the constitutional law that guarantees the freedom of art or the freedom of artistic expression. Of course, it is necessary to modify the relevant laws on key issues raised regarding street performances. Finally, for street performances to be well established as cultural phenomenon, it should be harmonized that efforts to observe the law and orders by street performers, mature rituals and cultural tolerances of citizens who enjoy street performances, and efforts to realize the purpose of cultural countries and to promote street performances by governments.

• The Journal of the Korea Contents Association
• /
• v.21 no.3
• /
• pp.626-633
• /
• 2021

In the event of a housing sale guarantee accident, the Housing and Urban Guarantee Corporation shall be responsible for the guarantee by refunding the moving-in money unless there are special circumstances to the contractor. The Housing and Urban Guarantee Corporation may refuse to perform the refund based on the Terms and Conditions Regulations Act, but disputes continue to arise between interested parties in this regard. Therefore, the purpose of this study is to study the problems and improvement measures for legal issues related to the implementation of the refund. First, the issue of guarantee effectiveness and scope of guarantee under the Terms and Conditions Regulation Act. Second, the problem of guarantee contract for conditional third parties of Housing and Urban Guarantee Corporation. Third, the problem of the attitude of the existing precedents of the Supreme Court was examined. As a result of reviewing these legal issues, it was confirmed that the interpretation of terms and conditions according to the implementation of the refund is being interpreted in accordance with the principle of good faith, but according to individual cases, precedents can be divided into positive and negative judgments. In addition, despite the fact that the housing pre-sale guarantee is a guarantee contract for a conditional third party, it was confirmed that the buyer suffered damages in good faith through active disputes with the interested parties. Accordingly, the Housing and Urban Guarantee Corporation proposed an improvement plan for roles and cooperation items to meet the purpose of establishment for the stability of the customer's housing.

• Journal of Labour Economics
• /
• v.28 no.1
• /
• pp.83-104
• /
• 2005

The Korean system of labor adjudication on the cases of unfair dismissal and unfair labor practices has been criticized by labor and management in spite of the strong point that the Labor Relations Commission processes the cases quickly. This paper empirically investigates the effectiveness of labor adjudication dealt by the Labor Relations Commission with economic approach. It shows that the grievences of labor and management on the existing labor adjudication system have come from the inadequate processes of labor adjudication rather than the favorable or unfavorable ruling. It also shows that a major deterrent to make an effective labor adjudication system has been not the problems of the selfish attitude and expectation of labor and management but the improper attitude and quality of the member and staff of the Labor Relations Commission.

• Journal of Hospice and Palliative Care
• /
• v.17 no.4
• /
• pp.278-288
• /
• 2014

Purpose: The purpose of this study is to analyze types of shared medical decision making by health professionals in a decision making position. Methods: The Q-methodology was used. Q sample was constructed with a total of 35 Q-statements that were offered with a 9-point rating scale. The statements were structured to generate answers that would form a shape of a normal distribution. Answers to Q sample were analyzed using a QUANL PC program. Results: Four types of shared medical decision making were identified. Type I is patient-centered decision making, Type II is physician-centered, Type III is health professional-centered and Type IV is patient-family-centered. Conclusion: Study results indicate that it is recommended to develop an education program based on the four types of shared medical decision making so that health professionals can be provided with different approaches according to their decision making style.

• Journal of Digital Convergence
• /
• v.11 no.1
• /
• pp.145-151
• /
• 2013

As the Internet is widely used worldwide, digital asset on the internet becomes to be critical to protect from illegal copying and piracy which is an unlawful action that download or upload copyrighted materials from the Internet without having a right to use them from the copyright owners. Such an illegal and unethical behavior are pervading and becoming a big concern in many industries and business sectors over the world. This study examines the effect of the user's perception for piracy regulation and moral obligation on online piracy intention. Therefore, the purpose of this study is to see the different effect of regulation and moral obligation on piracy attitude and intention so as to suggest an effective method of piracy protection and to bring an attention on moral and ethical education for online piracy. The result of this study showed both punishment and moral obligation toward online piracy are significantly associated with users' attitude on piracy, indicating that higher level of punishment severity as well as moral obligation lead to decrease piracy attitude. This research also revealed that the level of users' moral obligation has a stronger relationship with piracy attitude than punishment.

• Journal of the Korea Institute of Information Security & Cryptology
• /
• v.27 no.5
• /
• pp.1167-1188
• /
• 2017

The purpose of this study is to investigate the factors affecting cyber threat information provision in order to activate cyber threat information sharing in Korea. In particular, we looked at the intention to provide simple information and important information according to the importance of information. The research method was conducted on the information security practitioners' online survey in terms of users of information sharing system. And empirical analysis was conducted. As a result of the study, only the CEO's attitude influenced the intention to provide simple information. On the other hand, important information was influenced not only by the CEO's attitude but also by the information evaluation system, privatization, and mitigating legal penalties. The results of this study can identify the problems of the cyber threat information sharing system in Korea. And we can confirm the priority of improvement and the change of information providing intention before and after improvement of information sharing system.

• Fire Science and Engineering
• /
• v.25 no.2
• /
• pp.71-79
• /
• 2011

Since 2008 Korea's fire administration has recognized the importance of human resources by introducing a mentoring system for new employees. This mentoring program is helping new employees adapt to the organization quickly and effectively. In addition, prevention inspectors are improving their job ability and expertise by ensuring the mentoring system has been introduced and operated. However, the current operating and fire officials mentoring system has a variety of problems including lack of expertise on the part of the mentors, deficiency of the legal system, lack of mentoring for information and materials, and lack of compensation, and formal mentoring training for mentors. In this study, the fire officials' mentoring system analysis and previous studies on the fire officials' mentoring functions will be analyzed to determine its effect on job performance. Results of this study of fire officials' job ability show that the variables that affect the mentoring program include the role model, business achievement, teaching method, attitude, interest, and achievement.