• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.27-53
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• 2015

Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.203-234
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• 2019

The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

• The Korean Journal of Archival Studies
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• no.80
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• pp.43-88
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• 2024

The National Archives and Records Administration (NARA) is a relatively quiet latecomer to the traditional archives of the Western world. Although the United States lacks a long history of organized public records·archives management, it has developed a modern system optimized for the American historical context. This system focuses on the systematic management and preservation of the vast amount of modern records produced and collected during the tumultuous 20th century. As a result, NARA has established a modern archival system that is optimized for the American historical context. The U.S. public records·archives management system is based on the principle that records·archives are the property of the American people and belong to the public. This concept originated during the British colonial era when records were used to safeguard the rights of the colonies as self-governing citizens. For Americans, records and archives have long been a symbol of the nation's identity, serving as a means of protecting individual freedoms, rights, and democracy throughout the country's history. It is natural, therefore, that American life and history should be documented, and that the recorded past should be managed and preserved for the nation's present and future. The public records·archives management system in the United States is the result of a convergence of theories, practices, lessons learned, and ideas that have been shaped by the country's history, philosophies, and values about records, and its unique experience with records management. This paper traces the origins of records and archives in the United States in a historical context to understand the organic relationship between American life and records. It examines the process of forming a modern public records management system that is both uniquely American and universal to the American context without falling into the two forms of traditions that reflect the uniqueness of American history.

• The Journal of the Korea Contents Association
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• v.20 no.6
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• pp.354-366
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• 2020

It is the purpose of this study to propose improvement options and guidance methods for public design around elementary schools from the perspective of child friendly cities. The study first takes the Convention on the Rights of the Child as a benchmark, and integrates relevant United Nations documents on child friendly cities and those on child friendly cities in Shenzhen to derive five principles of public design around child friendly schools, namely, safe environment, protective measures, pedestrian friendly environment, independent environment for going out, convenient and fun environment. Subsequently, this study investigates the public design of 25 elementary schools in Futian District, Shenzhen, China, evaluates the quality level of public design according to the five principles, and points out the problems that exist in public design with lower quality level. Furthermore, in response to the existing problems of public design around elementary schools in Shenzhen, this study improves them from three aspects: public space, public facilities and public media design. More importantly, the design reinforces the safety and child protection of the environment, facilitates children's walking and independent going out, and provides a convenient and fun design that meets the physical and psychological needs of children, designed to be child-friendly. Not only does this design provide guidance for the construction of the environment around the elementary school in Shenzhen, but also provides guidelines for the construction of a child-friendly city in Shenzhen.

• Korean journal of communication and information
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• v.53
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• pp.5-28
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• 2011

This research examines the recent increasingly intensified non-reporting phenomenon by the press in South Korea and its legitimacy and validity. Non-reporting denotes cases in which the press does not report on significant issues in society. Although journalism scholars have raised this question, it remains unaddressed through case studies and formal criticism. This research compares the reporting and non-reporting by major media groups of cases related to the surveillance of civilians by the National Intelligence Service and the Defense Security Command under the Ministry of National Defense. This research specifies that the non-reporting phenomenon relates not to the ability to report, but to willingness to report, due to intervention by political factionalism of media groups. The non-reporting phenomenon results from the press ignoring their basic responsibility stemming from journalistic ethics and their social responsibility to fulfill their readers' right to know. Accordingly, this research revealed that the non-reporting phenomenon cannot be justified through diverse theoretical discussions and the journalistic code of ethics. Through the logical framework of public opinions and diverse empirical data to support it, this research demonstrates that the non-reporting phenomenon produces not unhelpful, but harmful effects to resolutions to ideological dissent in South Korean society.

• Land and Housing Review
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• v.6 no.3
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• pp.117-127
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• 2015

Korean government has launched a new public rental housing policy for younger generation suffering from instable housing conditions in CBD area. This paper is to analyze the financial feasibility of urban public rental housing projects, based on its cash flows. Urban rental housing projects should find out the way to reduce costs and to secure cheap land, because of the high land price in CBD area and complex relationship of legal rights. Project types are categorized by the land acquisition method and district characteristics. For 10 sample projects, financial feasibility was analyzed. Cash flows were calculated on the design plan and 16 scenarios were made by combining 4 important variables. The variables are increase rate of land price, increase rate of monthly rents, ratio of public and market rents, and the interest rate of National Housing Fund. The findings are as follows. Government land rent-type can reduce initial costs because it is not necessary to buy land. However, total NPV is lowered at the time of liquidation due to the land return. Private land acquisition-type require more initial costs. But the NPV at liquidation time increases with land disposal. To improve financial feasibility, acquisition-type should be preferred in high land-price area and rent-type should be preferred in low land-price area. Among influencing variables, the rate of increase in land price and the ratio of public and market rents turned out to be the most important. Although the ratio of public and market rents can be controllable, high ratio will cause the burden of tenants. Therefore, interest rate adjustment of National Housing Fund is more desirable.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.11
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• pp.309-316
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• 2020

This study analyzed Japan's three-dimensional road system as part of a study on urban regeneration plans through the three-dimensional use of road space. The three-dimensional road system integrates the Road Act, Urban Planning Act, and the Building Standard Act. The advantage of the three-dimensional road system is that landowners can freely use the space above and below the road so that they can live and operate sustainably, and road managers have the advantage of reducing the land acquisition costs because they only acquire rights to the road. In terms of type, it is applied to a variety of integrated and separated structures in elevated roads, underpasses, free passages, parking lots, and monorails. In addition, in the case of development methods, the degree of freedom of development plans is improved by enabling integrated maintenance of roads and buildings. Management stability is improved by applying management and law-based authority according to the Road Act. In this way, the three-dimensional road system provides support to maximize the use of limited available land through the three-dimensional use of road space, and to develop sustainable and good urban areas in development areas.

• The Journal of the Korea Contents Association
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• v.14 no.7
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• pp.281-290
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• 2014

This study is a quasi-experimental research using non-equivalent control group pre-post design in order to understand the effectiveness of biomedical ethics education using movies. This study selected the first-year 45 students and 63 students who were attending at two 4-year-course nursing colleges as an experimental group and control group, respectively. Then, this study provided the experimental group with the lecture on biomedical ethics for 16 weeks using the movie related to the ethical issues covering 10 areas. Data collection was done for 5 days from August 26, 2013 until December 5, 2013, and conducted pre-post questionnaire survey on the 1st week session and 16th session after explaining there search purpose and getting a written agreement from the subjects. As a result of analysis of the collected data using SPSS Statistics 18, it was found that students' average point of biomedical ethics awareness improved to 3.31 from 3.07; additionally, in the analysis of the data by sub-area, the point in artificial abortion improved to 3.69 from 3.08; artificial insemination from 2.99 to 3.57; fetal diagnosis from 3.10 to 3.45; a newborn's right to life from 3.39 to 3.55 and organ transplant from 3.26 to 3.53, respectively(P<.001). On the contrary, the research results showed that there was no change in the point of the mercy-killing, brain death, and human biotechnology areas, respectively(p>.05). Conclusively, movie-aided education could be diversely used for nursing education provided movie contents should be in accord with a lecture subject in a way that can arouse students' interest and concern, and improve educational satisfaction.

• Journal of Korean Society of Disaster and Security
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• v.6 no.1
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• pp.79-86
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• 2013

As car-oriented road policies have been made forward so far, relatively pedestrians' walking conditions are so in poor environments that more than two thousand pedestrians die from car accidents every year. Pedestrians' walking right has been severely invaded like that. Pedestrians' walking right is a right that people are able to walk safely and comfortably in pleasant surroundings as long as they don't threaten the public safety, order maintenance, and welfare. The government has an obligation to provide safe, comfortable, and pleasant environments to pedestrians. Recently interests in pedestrians' safety are increasing, government-driven supports have been made to make safe, pleasant, and healthy walking surroundings. As poor walking condition improvement projects cost high, they should be progressed to accomplish maximal effects using finite finances efficiently, and post feasibility evaluations of the projects should be severely estimated. However site selecting indicators which satisfy with the goal for composing safe working surroundings have not been decided yet, though currently it has a legal basis to specify walking condition improvement sites by the Law for Pedestrians' safety and Comfort Increasement. Therefore this study focuses on suggesting improved ways for selecting sites where pedestrians' safe environment project by reviewing previous research. When project sites are selected, evaluation indicators related to awareness survey of residents and history should be excluded, and disaster safety assessments for walking safety facilities, latent human hazards and natural disasters like a strong wind are proposed besides evaluations on pedestrians' safety and walking environment for matching with the purpose of the project to make safe working surroundings.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.10
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• pp.559-568
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• 2017

recent times, the monthly rent in the Jongno-gu Historical and Cultural Street in Seoul has rapidly increased, because of the presence of large-scale franchises and the entry of private investment into the traditional and local businesses focusing on Bukchon, Seochon, Insa-dong, and Samcheong-dong. As a result, the business environment for these merchants has worsened, due to the increasing economic burden. In order to maintain the business environment of the merchants, it is necessary to evaluate the potential for establishing a regional commercial area, in order to resolve the problems of the existing commercial areas and to improve the locational, economic, cultural and political environment. This study analyzed the factors influencing the merchants' satisfaction with the business environment as a function of their age, by considering three age groups, viz. 30-49, 50-59, and more than 60, considering the locational, economic, cultural and political environment of the merchants. Among the factors influencing the satisfaction with the business environment, the merchants in their 30s and 40s placed more emphasis on the traffic accessibility, floating population, store premium and monthly rent than the other age groups. Among the factors influencing the satisfaction with the business environment, the merchants in their 50s placed more emphasis on the cultural organization, artist activities, expansion of community support facilities, and banning of franchises in certain locations than the other age groups. Among the factors influencing the satisfaction with the business environment, the merchants over 60 years old placed more emphasis on the walking accessibility, monthly sales, merchant community, preservation of historical and cultural landscape, and commercial protection of the government than the other age groups.