• Title/Summary/Keyword: 성권리

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The Legal Nature and Problems of Air Mileage (항공마일리지의 법적 성격과 약관해석)

  • Kim, Dae-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.163-199
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    • 2010
  • A frequent flyer program is a loyalty program offered by many airlines. Typically, airline customers enrolled in the program accumulate frequent flyer miles corresponding to the distance flown on that airline or its partners. There are other ways to accumulate miles. In recent years, more miles were awarded for using co-branded credit and debit cards than for air travel. Acquired miles can be redeemed for free air travel; for other goods or services, such as travel class upgrades, airport lounge access or priority bookings. The first modern frequent flyer program was created Texas International Airlines in 1979. This program was also adopted in Korean Air in 1984. Since then, the mileage programs have grown enormously. As of June 2009, the total member of two national airlines in Korea had been over thirty million. However, accumulated miles could be burden of airlines, because the korean corporations should record the annual financial report the accumulate mileage on a liability account by 'the international financial report standards(IFRS)' next year. The korean airlines need to minimize the accumulated miles, so that for instance Korean Airlines SKYPASS-miles expire 5 years after being earned. It means that miles earned on or after July 2008 will expire after five years if unredeemed. Thus, this paper attempt to analyze the unfairness of the mileage rules of korean airlines by examining a specific portion of the conditions relating to consumer protection, because many mileage users has difficulties using mileage programs and complained the amendment of the mileage rules. In conclusion, the contemporary mileage rules in Korea are rather unsatisfactory, because airlines is not only recognizing a mileage into a kind of benefit but also denying inheritance of mileage and the legal nature of mileage as a property right. It is necessary to amend relevant mileage rules in view of consumer protection, because air mileage is not simple benefit but a right of mileage user.

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A study on Establishment and Management of the CCTV in Operating Room (수술실 CCTV 설치 및 운영에 대한 고찰)

  • Kim, Minji
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.109-132
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    • 2019
  • Recently, medical accidents related to surgical procedures have increased. In addition, the media reported that some of these accidents were involved in health crimes. Patient-advocate groups have called for mandatory establishment and management of CCTV in operating rooms. There is a lot of discussion among the interested parties, so it is necessary to review the relevant laws and regulations. The purpose of this study is to identify the characteristics of CCTV in operating rooms and to review legislations related to establishment and management of the CCTV in operating rooms. Medical institutions use CCTV for management of facilities and patient safety and install it in operating rooms optionally. The Constitution guarantees the privacy and the privacy of correspondence of every citizen, but it can be limited by the law for public welfare. Currently, however, there is no existing law about establishment and management of the CCTV in operating rooms and it can be defect of legal system. Under the current legislations, it is likely that the Self-determination can be violated due to the characteristic of healthcare provider when CCTV is mandatorily installed in operating room. In addition, the regulations on access and leakage of confidential information known by operator are insufficient. So that, the safety of the visual data might be threatened. Furthermore, unless the period and the place of storage of the visual data are clearly defined, it is highly unlikely to meet the original purpose of patient safety and prevention of medical accidents. This study is meaningful as there is few previous study on this topic although the need for legal review about this is growing and several bills are being proposed. It is expected that the results of this study can be utilized as basic data for enactment or amendment of the laws and regulations about establishment and management of CCTV in operating rooms.

A Study Concerning the Background of Formation in Deleuze's System (들뢰즈 체계의 형성 배경에 대한 연구 - 칸트 선험철학 체계 그 심연으로부터의 역류 -)

  • Kim, Dae-hyeon
    • Journal of the Daesoon Academy of Sciences
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    • v.37
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    • pp.329-355
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    • 2021
  • The objective of this paper is to reveal that the formation of Deleuze's system is a result of a back flow of the 'ideal of pure reason' in Kant's system. I will try to seize upon the keyword in his main book, Difference and Repetition, and examine the aspect of mutual transformation between Deleuze's transcendental empiricism and Kant's transcendentalism. When analyzing Deleuze's system, most researchers tend to focus on anti-Hegelianism, but it is proper that Kant be adopted as the start when tracing the way of deployment directly. Fundamentally, Deleuze is different from Hegel in his approach to observing entire ground of thought. Even if Deleuze surely has the capability of becoming in the dialectical context, his systemic environment wherein dialectics is applied is different even at the onset. While Hegel follows the way of origin and copy or a system that begins from a preceding point of origin, Deleuze follows a way of copy and recopy or a system that begins without a point of origin. This characteristic of Deleuze's system originates directly from idealistic play. In fact, we can anticipate and identify in his book that he refers to Kant who accepted the tradition of empiricism. Therefore, the main contents of this paper is to present an overview of Kant's influence on Deleuze's system. While tracing ideas back to Kant's system, the cohabitation of empiricism and rationalism, which Kant felicitously revoiced, there emerges a definitude of world recognition. This occurs through cohabitation, and this is both deconstructed and integrated by Deleuze, and therein definitude is turned into a vision of prosperity. To the vision of prosperity that spans definitude to recognition, a philosopher has the right to select a philosophical system because selection methodology in philosophy is not a problem of legitimacy so much as the needs of the times. Deleuze's choice resulted in the opening of pandora's box in an abyss and secret contents have in turn risen sharply.

The Legal Interest of Doctor's Duty to Inform and the Compensation to Damages for Non-pecuniary Loss (의료행위에서 설명의무의 보호법익과 설명의무 위반에 따른 위자료 배상)

  • Yi, Jaekyeong
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.37-73
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    • 2020
  • Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

The Effects of Users' Motivation on their Perception to Trading Systems of Online Game Items (온라인 게임 아이템의 거래 방식이 사용자의 재미와 유용성에 주는 영향에 관한 실증적 연구)

  • Lee, Ki-Ho;Choi, Bo-Ruem;Lee, In-Seong;Jung, Seung-Ki;Kim, Jin-Woo
    • 한국HCI학회:학술대회논문집
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    • 2007.02a
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    • pp.8-15
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    • 2007
  • 최근 온라인 게임 시장이 급속하게 성장하고 있다. 온라인 게임은 컴퓨터 게임의 장르 중에 상당히 큰 비중을 차지하고 있으며, 많은 사용자들은 온라인 게임을 매일 즐기고 있다. 온라인 게임 시장이 커지면서, 온라인 게임 아이템의 거래 시장 역시 성장하고 있으며, 온라인 게임 아이템은 게임 안에서 거래가 이루어질 뿐만 아니라 게임 밖에서도 실제 화폐를 통해 거래되고 있다. 게임 아이템에 대한 경매 사이트가 국내뿐만 아니라 외국에도 존재하여 활발히 거래가 이루어 지고 있으며, 2004년에는 게임 아이템의 구매를 위해서 최대 8억 8000만 달러에 이르는 실제 화폐가 지불될 정도로 게임 아이템의 거래 시장은 거대하다. 이렇게 규모가 커진 게임 아이템 거래 시장은 학술적으로, 실용적으로 많은 중요성을 갖는다. 그러나 온라인 게임 아이템 거래에 대한 실증적인 연구는 많지 않다. 몇몇 온라인 게임 아이템 거래에 대한 연구는 게임 아이템의 권리를 중심으로 연구가 되었으며, 게임에 대한 많은 연구는 게임 아이템보다는 몬스터와 싸우는 것이나 게임 캐릭터를 만드는 것과 같은 게임 플레잉 설계에 집중하고 있다. 또한 전자 상거래 분야에서는 사용자들이 거래를 통해 최대한의 이윤을 얻기 위할 것이라는, 즉 외적 동기를 가지고 있을 것이라는 가정을 바탕으로 거래의 효율성과 거래 비용에 초점을 맞추어 연구가 진행되었다. 그러나 온라인 게임 아이템은 실용적인 성격뿐만 아니라 유희적 성격을 가지고 있기 때문에 온라인 게임 아이템 거래에서 사용자는 외적 동기뿐만 아니라 내적 동기도 함께 가지게 된다. 본 연구는 거래 비용이론과 몰입, 그리고 재미와 관련된 이론을 바탕으로, 온라인 게임 아이템의 거래 방식이 사용자의 지각된 재미와 사용자가 느끼는 거래비용에 미치는 영향을 실험 방법론을 통해 실증적으로 검증하였다. 본 연구의 결과, 거래에서 내적 동기를 가진 사용자는 게임 아이템 거래 의도에 지각된 재미가 거래 비용에 비해 더 많은 영향을 미쳤으며, 외적 동기를 가진 사용자는 게임 아이템 거래 의도에 지각된 거래비용이 지각된 재미에 비해 더 많은 영향을 미쳤다. 본 연구의 결과는 과거 대부분의 관련 연구가 거래 방법의 유용성만을 강조해왔던 것과는 달리, 거래 자체의 재미와 즐거움, 그리고 거래에 대한 몰입 등의 감성적 측면을 고려함으로써 거래 비용 이론을 확장했다는 데 이론적 의의가 있을 것이다. 또한 실용적 측면에서 게임 아이템 거래 방식을 어떻게 설정해야 사용자들에게 유용성과 더불어 재미를 제공해 줄 수 있는지에 대한 실질적인 가이드라인을 제시할 수 있을 것이다.

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An Explorative Study on Analysis of Social Welfare Regime based on Political Philosophical Interpretation of Marshall's Social Citizenship (마셜 사회권의 정치철학적 해석을 통한 사회복지 레짐 분석에 관한 탐색적 연구)

  • Na, Young-Hee;Kim, Gi-Duk
    • Korean Journal of Social Welfare
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    • v.61 no.4
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    • pp.265-285
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    • 2009
  • The purpose of this study aims to interpretate the dynamics of the Social Citizenship of Marshall, and thereby to search a tool to evaluate the characteristics of social citizenship working at different welfare states and its developmental level. The existing study on the Marshall's Citizenship including the social citizenship mainly used to focus on Citizenship's composition, its basis and justification of rights to social citizenship. This implies to relatively neglect the concretization of social citizenship into social policy and its application to reality. Against this background, this study focuses on the embryological dynamics of Marshall's Social Citizenship and is to justify that social citizenship is historical concept which has been emerged in the complex development of modern capitalism, so called, the hyphenated society composed of Democracy, Capitalism and Welfarism. The study is to provide that complexity and dynamics of Marshall's social citizenship could be classified into some typology along political philosophical issues surrounding relationship between state and market and individual and community, and such typology can match the welfare state regime suggested by Esping-Anderson. Finally, this study is to prove that such typology could be used an analysis tool for current welfare states in the light of the welfare state regime.

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The Functional Classification of Physician's Duty of Information and Liability for Violation of the Duty (의사 설명의무의 법적 성질과 그 위반의 효과)

  • Suk, HeeTae
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.3-46
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    • 2017
  • Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

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The Basic Study on the Preventive Measures against Medical Accident Induced by Acupuncture and Moxibustion Therapy I. A Literature Research on the Essence of Prohibitive Acupuncture Point, Jīn-Zhėn-Xué-Gė (禁鍼穴歌) (침구 의료행위에 기인하는 의료사고 예방에 관한 기초적 연구 (I) - 금침혈가에 관한 문헌적 고찰 -)

  • Moon, Jin-Young
    • The Journal of Dong Guk Oriental Medicine
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    • v.8 no.2
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    • pp.175-199
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    • 2000
  • Acupuncture and moxibustion play an important role not only in the medical service and health care of Korea, China and japan but also in those of many western countries such as Germany, France, United States of America. An unexpected results induced by careless acupuncture and moxibustion treatments may be mild or severe, and are due to practitioner's mistake and particular body condition of a patient. This study was performed to establish a preventive measures against medical accident induced by acupuncture therapy. Total 23 acupuncture points which are included in a J${\bar{l}}$n-Zh${\dot{e}}$n-Xu${\acute{e}}$-G${\dot{e}}$ were selected as prohibited acupuncture points. Although the records in J${\bar{l}}$n-Zh${\dot{e}}$n-Xu${\acute{e}}$-G${\dot{e}}$ are an important data historically which show dangerous acupuncture points, there are few a full investigation on J${\bar{l}}$n-Zh${\dot{e}}$n-Xu${\acute{e}}$-G${\dot{e}}$ up to the present. So present study was done for literature review to understand a feasibility of the records in J${\bar{l}}$n-Zh${\dot{e}}$n-Xu${\acute{e}}$-G${\dot{e}}$ in association with dangerous acupuncture points. Based upon the locations of these acupuncture points, the dangerous region were classified three categories, head, soma and limb. And abnormal signs related to the improperly performed acupuncture treatment on each point were investigated by using historical reference books on acupuncture and moxibustion. And then names, locations, depth of insertion, operation methods and side effects of each point were investigated.

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Analysis of Value for Ownership Conversion in the Public Rental Housing REITs According to Real Option Scenarios Reflecting Macroeconomic Variables (거시경제변수를 반영한 실물옵션 시나리오별 공공임대주택리츠 분양전환 가치 분석)

  • XUAN, Meiyu;Jang, Mi Kyoung;QUAN, Junlong;Kim, JuHyong
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.3
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    • pp.74-83
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    • 2017
  • The recently introduced public rental housing REITs was just different the business structure from the existing public rental housing system and the basic supply system is the same. So the ownership conversion for public house over 10 years rental duration is possible after half of the obligated rental duration according to the agreement between lessor and lessee. However rental business operators are likely to have a negative attitude to the early ownership conversion because of less expected profit. Thus, there is a need for an analysis of proper early ownership conversion moment that can achieve public purposes while ensuring the profitability of public rental housing REITs. In this study, the characteristics of the ownership conversion rights that can lessee to exercise considered to be options. Also the nature of 'REITs', 'public rental housing REITs' is considered to be affected by the macroeconomic variables. Thus, this study analyzed the value for ownership conversion in the public rental housing REITs according to real option scenarios reflecting macroeconomic variables. As a result, according to the change of the variation rate of the macroeconomic variables, it was found that with adjustable early ownership conversion time using the DCF(Discounted Cash Flow) model. Therefore, it is possible to ensure profitability of early ownership conversion by predicting the variation of variables.

Mutilingualism and Language Education Policy (다언어주의와 언어교육정책)

  • Kim, Yangsoon
    • The Journal of the Convergence on Culture Technology
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    • v.6 no.1
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    • pp.321-326
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    • 2020
  • This paper is to analyze the language education policy in the context of multilingualism. As the majority of the population are multilingual, language policy should be centered on the multilingual speakers as the norm, and multilingual language policy is the best route which we can follow as a language policy in education. The motivation and legitimacy of the multilingual policies are suggested in terms of 6 different perspectives: identity, sustainability, equity, World Englishes, machine translation, and Universal Grammar (UG). As a model of language policy, the English-Plus (i.e., English+n) policy and similarly the Korean-Plus (i.e., Korean+n) policy are suggested to be the most appropriate language policies in the field of education in America and Korea respectively. These plus policies aim at bilingual fluency in both the native language and other foreign languages that are constitutive of the multilingualism of the country in which the bilingualism is treated as a variant of multilingualism. In a period of convergence and diversity in the 4th Industrial Revolution, language diversity and multilingual policy should be considered as a right to be protected or as a resource to be conserved rather than as a problem to be solved.