• Title/Summary/Keyword: 보호의무자

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Liability for Damages Due to Violation of Supervisory Duty by the Legal Guardian of the Mental Patient (정신질환자 보호의무자의 감독의무 위반으로 인한 손해배상책임 -대법원 2021. 7. 29. 선고 2018다228486 판결의 검토-)

  • Dayoung Jeong
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.133-170
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    • 2022
  • Supreme Court 2018Da228486, on July 29, 2021, ruled Article 750 of the Civil Act as the basis for liability for damages due to the violation of the supervisory duty of the responsible mental patient. This judgment recognizes that the legal guardian is liable for tort due to neglect of the responsibility of supervision under Article 750 of the Civil Act because the duty of protection bears the duty of supervision over the mental patient under the law. However, unlike the case of Article 755 Paragraph 1, which explicitly requires a legal obligation to supervise, Article 750 only stipulates general tort liability. Thus, to admit tort liability under Article 750, it is not necessary that the basis of the supervisory duty by the law. In this case, the supervisory duty may also be acknowledged according to customary law or sound reasoning. The duty of supervision of a legal guardian is not a general duty to prevent all consequences of the behavior of a mental patient but a duty within a reasonably limited scope. Therefore, the responsibility of the burden of care should be acknowledged only when the objective circumstances in which it is appropriate to hold the legal guardian for the acts of the mental patient are admitted. Under the Act on the improvement of mental health and the support for welfare services for mental patients, a legal guardian cannot even be granted the supervisory duty to prevent the mental patient from harming others.

Attorney's Duty to Protect Personal Information (변호사의 개인정보 보호의무)

  • Hah, Jung Chul
    • Journal of Digital Convergence
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    • v.12 no.7
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    • pp.1-10
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    • 2014
  • In February 2014 Korean Bar Association has amended Professional Ethics Code as to stipulate attorney's duty to protect personal information. While existing Korean law and Professional Ethics Code has made attorney to keep client's confidential information, attorney's newly promulgated obligation has its meaning in that personal information of subject other than client is not protected through confidentiality rules, given that confidentiality obligation is interpreted to protect only client's information relating to representation. Moreover, duty to protect personal information deals with not only disclosure and use of information, which confidentiality rules is about, but also collection and retention process, access to and correction and care of information and even destruction of information. Amid unprecedented theft of personal data in several national banks and other serious leakage reported recently, this paper is going to contemplate the scope and application of the duty to protect personal information with hope to contribute to starting discussion on it.

Perceptual Differences between Managers and Practitioners on Competencies of Information Security Consultants (정보보호컨설턴트 역량에 대한 관리자와 실무자의 인식차이)

  • Kim, Se-Yun;Kim, Tae-Sung
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.1
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    • pp.227-235
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    • 2016
  • As various measures of law observance obligations such as mandatory obligation of privacy impact assessment (PIA) for public institutions and authorization of information security management system (ISMS) are put into practice, increase in demand for information security consulting and securement of information security consultants are emerging as a major issue. The purpose of this study is to empirically investigate what core competencies information security consultants should possess and how much they actually possess them. By analyzing the differences in perception between practitioners and managers on core competencies, this study understands difference of views between the two groups and suggests ideas for cultivation of information security consultants.

A Study on the Importance of the Assessment of Records Management Metadata Elements Related to the Electronic Medical Records Management System for Medical Records Managers (전자의무기록 관리시스템 관련 기록관리 메타데이터 요소들에 대한 의무기록 관리자의 중요도 평가 연구)

  • Lee, Eun-Mi;Kim, Myeong;Yim, Jin Hee
    • Journal of Korean Society of Archives and Records Management
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    • v.13 no.3
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    • pp.151-171
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    • 2013
  • To comprehend the importance and necessity of record management metadata standard implemented in an electronic medical records system, a survey was undertaken to 50 medical records managers in charge of 5 major hospitals in Seoul. Analysis of the survey results was performed by averaging the responses given by those who answered the survey. SPSS was utilized for statistical analysis. Managers of medical records placed importance on metadata that are related to security of records, such as "levels of security", "types of access to medical records", "levels of authorization granted to personnel", and "users accessing medical records". It shows that these managers need the functions of privacy protection in ERMS. Metadata on "external disclosure" had the lowest level but those surveyed with more than 7 years of experience placed greater importance in this area more those surveyed with less than 7 years of experience in a hospital. This shows that managers need the functions of external disclosure to meet the needs of third partiesfor medical research and medical education.

Study for a Sustainable Program of the Professional Long-term Care Workers (전문성이 강화된 지속가능한 요양보호사 제도 연구)

  • Kyoung, Seung-Ku;Jang, So-Hyun;Lee, Yong-Gab
    • The Journal of the Korea Contents Association
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    • v.18 no.4
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    • pp.290-304
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    • 2018
  • The study proposes a discussion model for long-term care workers as a thought experiment, that strengthens speciality and presents an alternative education & training scheme for long-term care workers. First, the study unpacks the sociodemographic characteristics of license acquisitors and the employed as long-term care workers. In sequence, the study tries to present an alternative education & training scheme of the professional long-term care workers, that is comprised of a new education & training course with NCS in junior colleges for young peoples, intensification of speciality in education & training course through extension of times and deepening contents, introduction of legal refresher training, granting of roles of the NHIC as insurer in legal refresher training, introduction and legal employment of the professional tong-term care workers with career experience and speciality. At last, the study suggests a series of policy projects for realization of that alternative education & training scheme.

저압전로의 지락보호에 관한 기술지침

  • Lee, Ju-Cheol;Lee, Wi-Mun
    • Electric Engineers Magazine
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    • v.265 no.9
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    • pp.38-43
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    • 2004
  • 전기 사업법의 규정에 의한 기술기준은 전기설비의 안전 확보를 위하여 필요한 최소한의 사항을 준수하도록 의무화 하고 있다. 또 전기관련 기관 · 학계 · 단체 및 업계의 참여로 작성되는 전기설비의 ┌기술규정┘은 이러한 기술기준에 필요한 기술적인 사항을 규정함과 동시에 민간자율규정으로서 설계, 시공, 유지, 검사 등에 관한 사항을 구체적이고 알기 쉽게 풀이하여 전기사업자를 비롯한 전기설비의 시설자, 공사 관계자가 지켜야 할 사항을 그 내용에 따라 의무적 사항, 권고적 사항, 권장적 사항으로 구분하여 규정하고 있다.(중략)

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저압전로의 지락보호에 관한 기술지침

  • Lee, Ju-Cheol;Lee, Wi-Mun
    • Electric Engineers Magazine
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    • v.267 no.11
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    • pp.35-39
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    • 2004
  • 전기사업법의 규정에 의한 기술기준은 전기설비의 안전확보를 위한 필요한 최소한의 사항을 준수하도록 의무화하고 있다. 또 전기관련관, 학계, 단체, 및 업계의 참여로 작성되는 전기설비의 기술규정은 이러한 기술기준에 필요한 기술적인 사항을 규정함과 동시에 민간자율규정으로서 설계, 시공, 유지, 검사 등에 관한 사항을 구체적이고 알기 쉽게 풀이하여 전기사업자를 비롯한 전기설비의 시설자, 공사 관계자가 지켜야 할 사항등을 그 내용에 따라 의무적 사항, 권고적 사항, 권장적 사항으로 구분하여 규정하고 있다.

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Legal Strategy for the sake of Enhancement of Safety of Lifts Operation - focusing on the Experience of UK - (승강기 안전성 제고를 위한 법제적 전략 - 영국의 경험을 참고하여 -)

  • Kim, Yong-Hoon
    • Journal of Legislation Research
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    • no.54
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    • pp.111-154
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    • 2018
  • The protection of fundamental rights of people is a natural duty of a state. Since Constitutional Law declare that a state is obliged to protect the fundamental rights of people obviously, it is reasonable to postulate that a state has a duty to protect every person's right much more positively. Of course, it is true that whereas right of freedom is much more important in modern states, the social right becomes more important currently. Nevertheless, we have no choice but to put an emphasis on the importance of the right of freedom like modern states. Thus states are still bound to try to protect the right of people, specific duty of behavior for the sake of right of freedom belongs to states. In particular, due to the fact that lifts are essential to our comfortable life and the demage from the accident concerning with the lifts is fatal, the strategy for securing the safety of using the lifts is significant to some extent. And because it is true that the experience of UK that put an emphasis on the role of civil actors is meaningful to us, there seems implications for us. Accordingly, it is possible to consider the material components such as the check of safety before installation for the sake of safety enhancement, quality control for lifts parts, specification of check criterion and variation of check cycle etc. and personal ones such as specification of qualification of competent persons, guarantee of competent person's independence, variation of obligator's duty and variation of user's obligation etc. However, as the situation of UK is one thing and that of Korea is another, we don't have to adhere to the policy and the experience of UK strictly. Rather, we had better apply the policy and experience of UK to ours appropriately.