• 제목/요약/키워드: 침해

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Probleme nach geltendem Recht „Richtlinien für die Verwendung von Gesundheitsdaten" ('보건의료 데이터 활용 가이드라인'의 현행법상 문제점)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • 제22권4호
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    • pp.3-35
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    • 2021
  • Inmitten der Flut der privaten und öffentlichen Information gilt die riesige Informationsmenge als Schlüsselressource im Zeitalter der 4. industriellen Revolution, repräsentiert durch Big-Data. Das Interesse an diesen wächst weltweit. Es gibt eine aktive Diskussion darüber, wie man Daten sichert und akkumuliert und wie man die gesammelten Daten sicher und effektiv nutzt. Gesundheitsdaten werden vor allem als die wertvollste Ressource bewertet, für die Big-DataTechnologie eingesetzt wird. Um Gesundheitsdaten sinnvoll zu nutzen, müssen verteilte Gesundheitsdaten integriert und den Benutzern in einer Form zur Verfügung gestellt werden, die für Forschung oder Inspektion verwendet werden kann. In einer Situation, in der große Länder um den Aufbau bzw. die Führung der Datenwirtschaft konkurrieren, wurden im August 2020 auch in Südkorea die sog. „3-Daten-Gesetze" geändert, die das Datenschutzgesetz(DSG) enthälten. Das DSG führte das Konzept der pseudonymen Informationen ein und baute eine Rechtsgrundlage für deren Verwendung auf. Als Folgemaßnahme kündigte die, Kommission für den Schutz personenbezogener Daten(Personal Information Protection Commission: PIPC)' die „Richtlinien für die Bahandlung mit pseudonymen Informationen" und, Ministerium für Gesundheit und Wohlfahrt' die „Richtlinien für die Verwendung von Gesundheitsdaten" an. Gesundheitsdaten stehen direkt in Zusammenhang mit Leben und Körper des Menschen und damit enthalten viele sensible Daten. Es handelt sich also um ein System, das aus einer vorsichtigeren und konservativeren Sicht unter der Voraussetzung verwendet werden kann, personenbezogene Daten sicherer zu schützen. Um die Hauptinhalte der „Richtlinien für Verwendung von Gesundheitsdaten" zu analysieren, überprüften wir zunächst die Hauptinhalte des überarbeiteten DSG. Danach durch die Analyse der wesentlichen Inhalte der „Richtlinien für Verwendung von Gesundheitsdaten" wurden Probleme wie Konflikte mit anderen Gesetzen und Verbesserungsmaßnahmen überprüft.

Analysis of Social Trends for Electric Scooters Using Dynamic Topic Modeling and Sentiment Analysis (동적 토픽 모델링과 감성 분석을 활용한 전동킥보드에 대한 사회적 동향 분석)

  • Kyoungok, Kim;Yerang, Shin
    • KIPS Transactions on Software and Data Engineering
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    • 제12권1호
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    • pp.19-30
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    • 2023
  • An electric scooter(e-scooter), one popularized micro-mobility vehicle has shown rapidly increasing use in many cities. In South Korea, the use of e-scooters has greatly increased, as some companies have launched e-scooter sharing services in a few large cities, starting with Seoul in 2018. However, the use of e-scooters is still controversial because of issues such as parking and safety. Since the perception toward the means of transportation affects the mode choice, it is necessary to track the trends for electric scooters to make the use of e-scooters more active. Hence, this study aimed to analyze the trends related to e-scooters. For this purpose, we analyzed news articles related to e-scooters published from 2014 to 2020 using dynamic topic modeling to extract issues and sentiment analysis to investigate how the degree of positive and negative opinions in news articles had changed. As a result of topic modeling, it was possible to extract three different topics related to micro-mobility technologies, shared e-scooter services, and regulations for micro-mobility, and the proportion of the topic for regulations for micro-mobility increased as shared e-scooter services increased in recent years. In addition, the top positive words included quick, enjoyable, and easy, whereas the top negative words included threat, complaint, and ilegal, which implies that people satisfied with the convenience of e-scooter or e-scooter sharing services, but safety and parking issues should be addressed for micro-mobility services to become more active. In conclusion, this study was able to understand how issues and social trends related to e-scooters have changed, and to determine the issues that need to be addressed. Moreover, it is expected that the research framework using dynamic topic modeling and sentiment analysis will be helpful in determining social trends on various areas.

Chinese Maritime Dispute Strategy for territorialization in Korea's West Sea (중국의 한국 서해 내해화 전략 분석)

  • Lee, Eunsu;Shin, Jin
    • Maritime Security
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    • 제5권1호
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    • pp.113-136
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    • 2022
  • China has been pushing for a systematic strategy for territorialization over a long period of time to invade Korea's West Sea (Yellow Sea) in order to create China's territorial water. China's strategy for territorializing the West Sea is an activity in which China curbs the use of South Korea and enforces the illegal use of China in order to dominate the West Sea exclusively. China aided Chinese fishing boats that engaged in illegal fishing in Korea's jurisdiction as a means to territorialize the West Sea, and is opposed to combined exercise and training of Korea and the United States Naval Forces in the West Sea, while intentionally entering KADIZ(Korea Air Defense Identification Zone). In addition, Beijing used 'scientific exploration and research' measures as a pretext for its strategies in order to encroach on Korea's West Sea. China is carrying out such work to announce to the world that China is a systematic and organized country while consistently attempting to dominate the West Sea. China's activities in the West Sea seriously infringe South Korea's sovereignty. In order to respond to China's strategies of territorialization in the West Sea stated above, I analyzed the rejection effect of the ROK-US combined military training in the West Sea and presented a 'proportional response strategy centered on the ROK-US combined forces'. Korea should be able to respond proportionally to China's activities in the seas around the Korean peninsula, and Korea should be able to neutralize China's attempt to a Fait Accompli. In addition, just as China installs buoys in the Korea-China Provisional Measures Zone, Korea should be able to install and actively utilize some devices in the West Sea and for the use of free and open West Sea. Korea should not just wait for the tragic future to come without preparing for China's gradual and long-term strategy, and Seoul needs to respond to China's maritime policy in the West Sea with a more active attitude than it is now. China has historically taken a bold and aggressive response to neighboring countries that are consistent with a passive attitude, on the other hand, Beijing has taken a cautious approach to neighboring countries that respond with an active attitude. It should not be forgotten that Korea's passive response to the Chinese strategy in the name of a 'realistic approach' such as Korea's economic dependence on China for economy will result in China's success for territorialization of the West Sea.

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The Use of Diagnostic Ultrasound Devise by Oriental Medical Doctors (한의사의 초음파 진단기기 사용은 무면허의료행위인가? -대법원 2022. 12. 22. 선고 2016도21314 전원합의체 판결-)

  • Lee, Dongjin
    • The Korean Society of Law and Medicine
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    • 제24권1호
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    • pp.3-42
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    • 2023
  • The Supreme Court en banc decision on December 12, 2022 (docket number 2016Do21314) ruled that the diagnosis of endometrial hyperplasia by an oriental medical doctor using a diagnostic ultrasound device was not an unlicensed medical practice for an oriental medical doctor, which shall be scrutinized by the article 27 (1) of the Korean Medical Service Act. This ruling did not determine that a specific medical practice, especially diagnosis, based on the radiology, which is a part of western medicine, was not an unlicensed medical practice for an oriental medical doctor. Rather, it intended to clarify that the prosecutor should specify and prove the way of diagnosis and he should not prosecute mere the use of a diagnostic ultrasound device itself. To that extent, the ruling is agreeable because, as the oriental medicine community has argued, there is no regulation prohibiting the use of certain devices. It is probable, however, that the way of diagnosis established in radiology, which is a part of western medicine, was actually used in the case. In that case, there is undeniably an unlicensed medical practice for an oriental medical doctor. While many of the cases where the demarcation between (western) medicine and oriental medicine have been problematized thus far have been experimental treatment in nature, the above practice of using ultrasound appears to be frequently done in many oriental clinics, and so it is necessary to cope with the possibility of a disguised unlicensed medical practice. Another problem is the prevention of unfair practice or the protection of medical consumers. In fact, many oriental medical clinics' practice appear to have a tendency of inducing medical consumers' misunderstanding that a diagnosis based on radiology, which is a part of western medicine, were provided. It is hard to respond to this problem with demarcation between (western) medicine and oriental medicine. A new regulation against unfair practice might be necessary to implement.

Two Points for the Successful Representation of Performing Art Festivals:Artistic Characteristics and Festivity - in the Case of the 'Festival d'Avignon' (공연예술축제를 구성하는 '예술성'과 '축제성'의 특성 분석 - 아비뇽 페스티벌의 사례를 중심으로)

  • RYOO, Jeung-ah
    • (The) Research of the performance art and culture
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    • 제22호
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    • pp.253-285
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    • 2011
  • The number of "Performing Arts Festivals" is growing increasingly in South Korea. This trend is mainly held in large cities which are difficult to communicate closely among residents. South Korea, while the pace of city life and speed of development are very fast, increasing number of "Performing Arts Festivals" with communal characteristics is in the natural process of festival evolution in large cities. In the evolution of the contemporary festival, it is natural to see some increase of modern festival after the development of traditional and folk festivals. It is important that the "Performing Arts Festivals" express the two elements, artistic character and festivity, not only in distinctively but also in harmony. The "Performing Arts Festivals" should consider the process of the organization, human resources, networking systems of the human communication process, resource use, etc. For the success of the festival, we must obtain the complementary effects between two attributes:festival characteristics and artistic senses. Therefore, we chose the 'Festival d'Avignon' as the reference of the total representation of artistic characteristics and festivity. From the case of the Festival d'Avignon, we get the implications of the development of performing arts festival in South Korea. To explain the festival value and artistic significance of the Festival d'Avignon, we explained the spontaneity and openness to public participation, the relationship between spectators and works, the representation of memory and communicative image, etc. To explain the artistic attributes of the 'Festival d'Avignon', we explained the mission to reconcile the artistic and the popular, to promote the artistic know-how, understanding how to communicate with the public, to consider more artistic quality than commercial benefits. Essentially, this study shows the meaning and the vision to forecast the future as well as the recent proliferation in various fields of Performing Arts Festivals. This study may help to improve analytical precision of Performing Arts Festivals.

Studies on Genetice of Blast Resistance in Rice L Inheritance of Resistance to Specific Races of Blast Fungus and Relationship between Their Resistance and II, VIII, XI and XII Linkage Groups in Some Rice Varieties (수도품종의 도열병 저항성 유전분석 제1보 특정 도열병 균계에 대한 저항성 품종들의 저항성 유전분리와 II, VIII, XI 및 XII번 연관과의 관계)

  • Chae, Y.A.;Park, S.Z.;Ha, S.B.
    • KOREAN JOURNAL OF CROP SCIENCE
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    • 제26권1호
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    • pp.32-39
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    • 1981
  • In order to study the genetic system of the blast resistant varieties, the conidial suspension of mutant races of T-2$^{+t}$, N-2$^{+t}$, C-8$^{+t}$ was inoculated at 4-5 leaf stage by injector for F_2 seedlings from the crosses between seven resistant varieties and four maker lines easily detectable at seedling stage. The results are summarized as follows; 1. The fertility of cross between Semi-dwaf testers and Indica resistant varieties except Carreon was about 74 percents. 2. The segregation modes of resistance varied with varieties and blast races. However, the resistance was expressed as dominance in all cases. Tetep, Tadukan and Carreon showed more complicated segregation for resistance than that of the bred lines. 3. For blast races used, four segregation ratios such as 3:1, 9:7, 13:3 and 37:27 were found in the Tatukan, Tetep, and IR747, and three segregation ratios such as 3:1, 13:3 and 15:1 in the Carreon, and two segregation ratios of 3:1 and 13:3 with Suweon 287, Suweon 288, and Iri342. 4. In the segregation of the resistance to the each races, the ratios of 3:1, 13:3, 15:1 were fitted to T-2$^{+t}$, and the ratios of 3:1, 13:3, 9:7 and 37:27 to N-2$^{+t}$ and C-8$^{+t}$. 5. Suweon 287, Suweon 288 and Iri342 carried one simple dominant gene and inhibitor gene was considered in some cross combinations. Meanwhile Tadukan, Tetep and IR747 seemed to carry one to three resistant genes, and in some cross combinations, the expression of these genes were simple dominant, inhibiting, duplicating and complimentary action. 6. Resistance genes to blast races, T-2$^{+t}$, N-2$^{+t}$ and C-8$^{+t}$ in the Tadukan, Tetep, Carreon, Suweon 287, Suweon 288 and Iri342 were found to be independent with the linkage group of II(lg), VIII(la), XI(bc), and XII(gl).bc), and XII(gl).

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The Aesthetics of Conviction in Novel and Film Mephisto (소설과 영화 속 '메피스토'의 사상성 미학)

  • Shin, Sa-Bin
    • Journal of Popular Narrative
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    • 제25권1호
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    • pp.217-247
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    • 2019
  • This research paper intends to examine the intertextuality of Klaus Mann's novel Mephisto (1936) and István Szabó's film Mephisto (1981) and how the derivative contents (i.e., film) accepted and improved the schematic aesthetics of conviction in original contents (i.e., novel). In general, the aesthetics of conviction is applied to criticize the state socialism of the artists of the Third Reich or the ideology of the artists of East Germany from a biased ethical perspective. Mephisto is also based on the aesthetics of conviction. Thus, it would be meaningful to examine the characteristic similarity and difference between Klaus Mann's real antagonist (i.e., Gustaf Gründgens) and fictional antagonist (i.e., Hendrik Höfgen) from a historical critical perspective. In this process, an aesthetic distance between the real and fictional antagonists would be secured through the internal criticism in terms of intertextuality. In this respect, the film aesthetics of István Szabó are deemed to overcome the schematic limit of the original novel. The conviction in both the novel and film of Mephisto pertains to the belief and stance of a person who compromised with the state socialism of Nazi Germany, i.e., succumbed to the irresistible history. Klaus Mann denounced Mephisto's character Höfgen (i.e., Gründgens in reality) as an "Mephisto with evil spirits" from the perspective of exile literature. For such denunciation, Klaus Mann used various means such as satire, caricature, sarcasm, parody and irony. However, his novel is devoid of introspection and "utopianism", and thus could be considered to allow personal rights to be disregarded by the freedom of art. On the contrary, István Szabó employed the two different types of evil (evil of Mephisto and evil of Faust) from a dualistic perspective (instead of a dichotomous perspective of good and evil) by expressing the character of Höfgen like both Mephisto and Hamlet (i.e., "Faust with both good and evil spirits). However, Szabó did not present the mixed character of "Mephisto and Hamlet (Faust)" only as an object of pity. Rather, Szabó called for social responsibility by showing a much more tragic end. As such, the novel Mephisto is more like the biography of an individual, and the film Mephisto is more like the biography of a generation. The aesthetics of conviction of Mephisto appears to overcome biased historical and textual perspectives through the irony of intertextuality between the novel and the film. Even if history is an irresistible "fate" to an individual, human dignity cannot be denied because it is the "value of life". The issue of conviction is not only limited to the times of Nazi Germany. It can also be raised with the ideology of the modern and contemporary history of Korea. History is so deeply rooted that it should not be criticized merely from a dichotomous perspective. When it comes to the relationship between history and individual life, a neutral point of view is required. Hopefully, this research paper will provide readers with a significant opportunity for finding out their "inner Mephisto" and "inner Hamlet."

A Study on the Liability of Artificial Person(Natural Persons) with a Disregard of the Corporate Fiction in ESG (ESG측면에서의 법인격 부인과 법인관계인(자연인)의 책임에 관한 연구)

  • Kim, Dong-han;Kwon, Yong-man
    • Journal of Venture Innovation
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    • 제4권3호
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    • pp.141-150
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    • 2021
  • Although management decisions centered on the board of directors and directors must be made in order to effectively promote ESG management, the company's management is not obligated to make decisions considering ESG factors. A Korean corporation(company) is an established organization for commercial or other profit, and the purpose of treating a legal organization as a corporation is to easily handle the legal relationship of a group (corporate's property) and individual property of a group member, but legal person such as rights to "harm public rights" or "defend fraud". Criminal liability for illegal acts of a corporation, but the liability of a corporation (natural person) for illegal acts of a corporation is recognized within a limited range, but the criminal liability of a corporation (natural person) is limited. As the social responsibility of a corporation is great, limiting the responsibility of a corporation-related person (natural person) to civil responsibility will halve its effectiveness if considering the impact on the corporation's national economy. Objective requirements such as the completeness of control, hybridization of property, infringement of creditors' rights, and small-capitalization, and the subjective intention of abusing the company system to avoid legal application to controlling shareholders should be denied. Despite the increasing influence on corporate society, such as large-scale projects and astronomical business profits, corporate officials (natural persons) are forced to be held liable for negligence and intentional liability within a limited range. In such cases, it is necessary to introduce criminal responsibility separately from civil responsibility to legal persons (natural persons) in consideration of the maturity of capitalism in Korean society and the economic status of the world. In Korea, the requirements for recognition of corporate denial are strict, but the United States says that it is sufficient to have control or fraud. Therefore, it is not about civil responsibility, but about criminal responsibility of a legal person (natural person), so if fraud is recognized, it can strengthen the corporate social responsibility.

A Study on the Improvement of Flexible Working Hours (유연근로시간제 개선에 대한 연구)

  • Kwon, Yong-man;Seo, Ei-seok
    • Journal of Venture Innovation
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    • 제4권2호
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    • pp.97-108
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    • 2021
  • Labor contracts appear in form as an exchange relationship between labor products and wages, but since they transcend the level of simple barter, they can be economically identified as "trading" and can be identified as "rental." From a legal point of view, a legal device that legally supports and imposes binding force on commodity exchange relations is a contract. Such a labor contract led to a relationship in which wages were received and a certain amount of time was placed under the direction and supervision of the employer as a counter benefit to the receipt of wages. Since working hours are subordinate hours with one's labor under the disposition authority of the employer, long hours of work can be done for the health and safety of workers and furthermore, it can be an act that violates the value to enjoy as a human being. The reduction of working hours needs to be shortened in terms of productivity and enjoyment of workers' culture so that they can expand and reproduce, but users' corporate management labor and production activities should also be compatible compared to those pursued by capitalist countries. Working hours can be seen as individual time and time in society as a whole, and long hours of work at the individual level are reduced, which is undesirable at the individual level, but an increase in products due to an increase in production time at the social level can help social development. It is necessary to consider working hours in terms of finding the balance between these individual and social levels. If the regulation method of working hours was to regulate the total amount of working hours, flexibility and elasticity of working hours are a qualitative regulation method that allows companies to flexibly allocate and organize working hours within a certain range of up to 52 hours per week. Accordingly, it is necessary to shorten working hours, but expand and implement the flexible working hours system according to the situation of the company. To this end, it is necessary to flexibly operate the flexible working hours system, which is currently limited to six months, handle the selective working hours by agreement between employers and workers, and expand the target work of discretionary working hours according to the development of information and communication technology and new types based on the 4th industrial revolution.

Dokdo of Korea, A Chance for Peace and Co-Prosperity A Study Using Perspectives of Public Diplomacy and Negotiation Strategies (Memorial Lesson from fisherman, An Yong-bok as a Supreme Negotiator) (한국의 독도, 평화와 상생의 기회: 공공외교 및 협상 관점의 연구 (탁월한 소시민 협상가, 어부 안용복을 기리며))

  • Mi-ae Hwang
    • Journal of Public Diplomacy
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    • 제2권2호
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    • pp.27-52
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    • 2022
  • Objectives: The neighboring countries of South Korea and Japan in Northeast Asia have interacted in both positive and negative ways, at times as close partners and other times adversaries, throughout their long and thorny history of extensive dynamics. The controversial dispute over Dokdo is one of the most critical issues evoking harsh tensions and arguments asserting wholly opposite claims. Dokdo is a small island between two coastal states, but significant in terms of territorial, botanical, and marine resources, and thus ownership of the island has become a point of conflict accompanied by a troubled history. But why has Dokdo been a source of conflicts and how should the controversial Dokdo issue be addressed in a way that fosters positive influence and co-prosperity? Methods: This study provides comprehensive and critical insights from a wealth of previous research and strategic suggestions for the Korean government. It utilizes the three perspectives of historical documents and political context, international regulations and legal frames, and public diplomacy. Furthermore, it applies these resources to negotiation theories and strategies to propose reasonable solutions. Results: This study suggests that it is important for Korea and Japan to try to build mutual trust through more active communication and interaction in order to understand each other before attempting to create a formal resolution via negotiation. In addition to these efforts, Korea needs to be ready for the inevitable need to take decisive action in terms of negotiation, using analytic and efficient strategies. The study proposes three solutions: 1) Strong Action Strategy, 2) International Legal Strategy, and 3) Public Diplomacy Strategy. Conclusions: From the perspective of public diplomacy, the Dokdo issue needs to be converted from a symbol of conflicts between Korea and Japan into a symbol of peace and co-prosperity. In addition to promoting a positive relationship between the two states, it can also contribute to the security environment of the Northeast Asian region and global peace.