• Title/Summary/Keyword: 불법행위

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Future Tasks of the Law Forcing CCTV Installation in Operating Rooms (수술실 내 CCTV 설치 의무화 법안의 향후 과제)

  • Lim, Ji Yeun;Kim, Kye Hyun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.185-210
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    • 2021
  • On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

Necessity of revision of the mandatory medication guidance regulation under the Pharmaceutical Affairs Act (약사법상 복약지도의무 규정의 개정 필요성)

  • Dawoon Jung
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.119-145
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    • 2023
  • The Pharmaceutical Affairs Act stipulates medication counseling as an obligatory requirement in the case of preparation of medicine. In fact, there are many cases where pharmacists only tell patients the dose and time and do not properly guide them on taking medications. However, in light of the current situation where non-face-to-face treatment is being attempted, there is a high possibility of drug-taking accidents due to insufficient medication guidance. In addition, as an aging society progresses, the need for explanations on pharmaceuticals is increasing. If a pharmacist causes damage to a patient by failing to give appropriate medication guidance, the patient can claim compensation for damages. In addition, if a drug accident occurs due to a conflict between the pharmacist's duty to guide medication and the doctor's duty to explain, a joint tort is established between the pharmacist and the doctor. Nevertheless, there are cases in which only doctors are judged to bear the tort liability. However, the Pharmaceutical Affairs Act includes providing information for the selection of over-the-counter drugs in the medication guidance as part of the medication guidance obligation. Therefore, in order to reconsider the importance of the medication-taking guidance duty, it is necessary to define the medicationaking information provision method and the medication-taking guidance duty as separate concepts. In addition, it is necessary to amend related regulations centered on patients so that medication guidance, such as side effects of medicines and interactions with concomitant medications, can be made in detail.

A Secure Protocol for Contents Service in IMT-2000 (IMT-2000 기반 컨텐츠 서비스를 위한 보안 프로토콜)

  • Lee, Deok-Gyu;Lee, Im-Yeong
    • The KIPS Transactions:PartC
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    • v.10C no.2
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    • pp.241-252
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    • 2003
  • IMT-2000 appeared in order to satisfy the desires of the uses who wish to supply through wireless most of the services being provided through wire, such as Internet services and multimedia high-speed data information. However, during global roaming, the signal data and the user data get transmitted through the networks of other users. Also, it is judged that with the provision of high speed data communication the amount of data communication necessary for confidentiality protection will increase. It is planned that the recent IMT-2000 Project will begin its commercial service in 2002. From this viewpoint, wireless contents, due to their special characteristics, are greatly exposed to illegal actions by third persons. As a result, it can be said that security and certification issues in the mobile telecommunication environment are indispensable matters. For this purpose, it is intended that in this thesis through an analysis of the existent IMT-2000 certification method, a more safe and efficient authentication method is presented and, at the same time, a security protocol necessary in the provision of wireless contents is designed.

Legal Alternative plan for public servant Ethic Act (공직윤리제도 개선을 위한 법적대안)

  • Kim, Seon Il;Lee, Youn Hwan
    • Journal of Digital Convergence
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    • v.12 no.1
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    • pp.61-70
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    • 2014
  • It has been raised a number of administrative ethic questions nevertheless of institutional strategy. It's even worse rather than solved. Especially, because of a distinctive family calture tradition that forming intimate bond, we're carrying lots of possibility of public corruption. As in the case of Busan Saving Bank recently, many of high-ranking officials are scouted to lawferm or business interest company After that this ex-officials exert their influence over government office. terminating public corruption. Lenient law enforcements as in the case of sponser prosecutor, social welfare budget embezzlement result in public distrust about anticorruption policy of government In conclutsion, for a best function of public service ethic system it's important to improve institutional problem constantly.

Review of a Tort Case regarding Liability for the Production of Air Pollutant-emitting Vehicles: Supreme Court Decision 2011Da7437, Decided on September 4, 2014 (자동차를 통한 대기오염물질의 배출에 따른 민법상 불법행위책임의 성립 여부: 대법원 2014. 9. 4. 선고 2011다7437 판결을 중심으로)

  • Lee, Sun Goo
    • Journal of Environmental Health Sciences
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    • v.42 no.6
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    • pp.375-384
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    • 2016
  • Objectives: This paper analyzes the intersection of tort law and environmental health in a recent court decision. Methods: This paper analyzes Supreme Court Decision 2011Da7437, Decided on September 4, 2014 and related lower court decisions. Results: The plaintiffs sought financial compensation from the defendants, arguing that air pollutants in gases emitted by vehicles produced by the defendants had caused them to acquire respiratory diseases. The district court highlighted the need to mitigate the burden of proof for the plaintiffs, but proceeded to review whether the plaintiffs proved the actual toxicity levels of the air pollutants, whether the defendant's vehicles were the main source of the emissions, the plaintiff's level of exposure to the pollutants, and causation between the emissions and the injury. By doing so, the district court required the plaintiffs to prove both indirect and direct facts of causation, increasing burden of proof for plaintiffs. The appellate court upheld the district court's decision, adding that the defendant's conduct did not constitute an illegal act because it did not violate the emissions standards set by environmental law. The Supreme Court upheld the appellate court's decision, reasoning that the epidemiological evidence cannot establish a direct causation for diseases that lack specificity. Conclusion: This case demonstrates that discussions in environmental health have significance in tort lawsuits. For each fact that the plaintiffs and defendants attempted to prove, environmental health research studies were offered as evidence. In addition, the courts decided the legality of the defendant's conduct based on emission standards set by environmental law.

Support Vector Machines-based classification of video file fragments (서포트 벡터 머신 기반 비디오 조각파일 분류)

  • Kang, Hyun-Suk;Lee, Young-Seok
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.16 no.1
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    • pp.652-657
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    • 2015
  • BitTorrent is an innovative protocol related to file-sharing and file-transferring, which allows users to receive pieces of files from multiple sharer on the Internet to make the pieces into complete files. In reality, however, free distribution of illegal or copyright related video data is counted for crime. Difficulty of regulation on the copyright of data on BitTorrent is caused by the fact that data is transferred with the pieces of files instead of the complete file formats. Therefore, the classification process of file formats of the digital contents should take precedence in order to restore digital contents from the pieces of files received from BitTorrent, and to check the violation of copyright. This study has suggested SVM classifier for the classification of digital files, which has the feature vector of histogram differential on the pieces of files. The suggested classifier has evaluated the performance with the division factor by applying the classifier to three different formats of video files.

A study on location planning of the on-street loading/unloading bays in the central business district (도심상업지역의 노상 하역공간 최적배치계획에 대한 연구)

  • Lee, Sang-Yong;Jung, Hun-Young
    • Journal of Korean Society of Transportation
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    • v.26 no.2
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    • pp.57-67
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    • 2008
  • Loading zone is necessary to central business district(CBD) due to freight trucks coming into inner city. Currently truck drivers in metropolitan area are forced to illegally park their freight trucks on the roads close to the business facilities because there is no or few loading zones available in the CBD. This situation would bring into traffic congestion and even might block local roads in the CBD. This study reviews the existing improvement plans in city logistics, and examines delivery characteristics related to freight trucks and drivers in Seomyeon, the central downtown of Busan. Also it conducts a location planning for on-street loading/unloading bay using a technical method for arranging loading space. This research estimated the number of parking and stop bays for truck's operation using queueing theory based on truck-service rate and arrival rate, and found locations with the minimum resistance function values for freight movement in arranging on-street loading/unloading bays.

Anonymity Certification Technique of a Smart Card base for Personal Information Protection (개인정보보호를 위한 스마트카드 기반의 익명 인증 기법)

  • Lee, Kwang-Hyoung;Park, Jeong-Hyo
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.13 no.12
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    • pp.6071-6080
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    • 2012
  • Regarding the official authentication method which is a strong encrypt method for financial transactions, there has recently been a concern for the problem of storage. As a solution for such problems, this study provides the anonymous authentication method based on the smart card used for such a purpose by utilizing the pseudo ID replacing the user's personal data. Such an anonymous authentication method makes it possible to prevent any inside leakage, intermediary attack, limited re-transmission attack, service-denying attack, directional safety attack and secret inspector attack in regard to the user's personal data. As a result, there would be no concern for the leakage of any personal data. In comparative analysis, after executing the comparison and analysis process through the experiment for the authentication process by using the previously-used smart card, the new one has shown about 10% a high level of efficiency for the encrypt and decrypt process together with excellent features in terms of flexibility in regard to the user's anonymity and tracking ability.

A Mobile Multimedia Auction System (모바일 멀티미디어 경매 시스템)

  • Ahn, Hoo-Young;Ryu, Ki-Young;Park, Young-Ho;Ha, Sun-Tae
    • Journal of KIISE:Computing Practices and Letters
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    • v.13 no.5
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    • pp.320-332
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    • 2007
  • Recently, new interests on digital contents and UCC(User Created Content)s are growing fast through the development of internet. However, there have been many side-effects on those interests. The representative problems are perversing illegal copies and the distributions for personal valuable digital contents to unauthorized anonymous users. These decrease creation of good digital contents by interfering with the growth of information technology industry and the content provider#s creative will. To resolve these problems, in the paper, we propose a novel auction system for multimedia contents and bidding processes. The system applies the concept of used goods onto digital contents. Especially, the auction system is based on mobile environment. Finally, the performance evaluation shows that those main auction process algorithms indicate the time complexity of logarithm scale for insertions and searches. Therefore, the performance of the system is not significantly influenced by the amount of contents even though the volume of contents in the system is increasing.

Design of A One-time Password Generator on A Mobile Phone Providing An Additional Authentication for A Particular Transaction (특정 트랜잭션용 추가 인증을 제공하는 휴대폰 상의 일회용 암호 생성기 설계)

  • Park, Jun-Cheol
    • Journal of KIISE:Information Networking
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    • v.36 no.6
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    • pp.552-557
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    • 2009
  • One-time passwords are used just once and discarded, which makes it more secure than the repeatedly used conventional passwords. This paper proposes a challenge-response based one-time password generator on a user's mobile phone always carried with the user. The generator can provide an additional authentication for a user to issue a money transfer request within his Internet banking session on a PC. A currently used device for Internet banking generates a password that changes every 30 seconds or so, which allows a man-in-the-middle to use it for stealing money within the 30 seconds. Unlike such a device, the proposed generator resists against the man-in-the-middle attack by a novel challenge-response scheme, provides better accessability and protection against stolen devices. As the currently used devices do, it prevents any unauthorized transfer even if the victim's all other credentials are revealed through his PC infected with spyware such as a keyboard logger.