• Journal of Korean Society of Forest Science
• /
• v.87 no.2
• /
• pp.286-299
• /
• 1998

This study was conducted to do a comparative analysis of hunting system in 16 OECD(Organization for Economic Co-operation and Development) countries. Hunting is one of the most advanced types for developing natural resources, esp. wildlife, which is one of major products from forest. There are two types of hunting system ; Revier and/or License System, around most countries which have traditional advanced hunting and higher hunter population. Licence system, which is chosen in Korea, is less efficient ways of hunting for maximizing economical value and wildlife management than Revier system does. Adopting better system for much more efficient economical condition from hunting in Korea in a future is a ultimate goal in this study. The first step for the goal is an analysis of these two system among 16 OECD countries ; United State, Japan, Germany, France, etc. Comparative researches in hunting regulations such as number of hunters, hunter ratio to population, hunting bags, game species, seasons, ammunition and hunting permit are a next step for adopting developed hunting system in Korea. Korea has a smallest hunter ratio to population (1/2,463) among 16 OECD centuries and economical value lead by hunting is estimated still very low. Revier system is a popular one in most OECD countries except United State, Japan, etc, which is useful for wildlife management and maximizing economical value of hunting. And usually rifles are permitted for big game hunting. Hunting examination and/or insurance are compulsory for achieving hunting permit. Depend on game species, yearly hunting bag and season are constructed in most OECD countries.

• 한국사회정책
• /
• v.25 no.1
• /
• pp.195-229
• /
• 2018

This study has examined how the welfare system has changed as it has passed through the most controversial period in Korean modern history. The welfare system has changed in a way that adapts to the need for export-led economic growth. Industrialization centered on light industry, which started in the mid-1960s, absorbed the labor force that existed in the rural areas and commodified them, thereby creating a momentum for Korean society to get out of poverty. However, the public de-commodification, ie social security system, adapted to the commodification of the labor force has been institutionalized only in a very limited area and people. Indeed, the de-commodification system was confined to the area directly linked to the reproduction of the labor force. Even so, the target was very limited in the abundance of labor in rural areas. Compulsory medical insurance was rejected because of corporate burden, and industrial accidents insurance was introduced centering on large-scale workplaces. As the Korean economy began to move from the light industry to the heavy industry in the 1970s, the commodificated labor force changed from a low skilled labor force to a skilled male labor force. It is at this time that dual structures have begun to be created between workers employed in export-oriented large enterprises and workers employed in domestic-oriented SMEs. Therefore, the system of de-commodification that supports the reproduction of labor power in response to social risks has also been institutionalized centering on large-scale workplaces.

• The Korean Society of Law and Medicine
• /
• v.23 no.4
• /
• pp.3-28
• /
• 2022

Recently, the targets and clauses of negotiation between 'National Health Insurance Service (NHIS)' and Pharmaceutical companies has been expanded. Due to newly adopted 'Quality management clause', 'Compulsory supply maintenance clause' and 'Penalty for breach of contract clause', not only 'Ministry of Health and Wellfare (MOHW)'s 'drug listing' and 'Price cap' announcement, but also 'negotiation between NHIS and pharmaceutical companies' can be a legal sanction to the suppliers. Once secretary of MOHW order NHIS to negotiate with pharmaceutical company, NHIS notify this order to the company and enter into the negotiation. 'The order' exists in the public domain between the government (MOHW) and public institutions (NHIS) and does not constrain the legal rights of companies (Therefore companies cannot pile a lawsuit about the order). However, 'the notice' or 'negotiation' is an act which has a counterpart, can be a target of administrative litigation if the company get some disadvantages from the talks. Negotiations can be divided into four types according to "the target (whether it is listed on the insurance benefit list)" and "the purpose (whether the target is price or conditional)." In particular, negotiations on listed drugs, whose goal is to set unfavorable conditions for companies, can be illegal if there is no price. So we need to consider compensation for the company as an incentive to negotiate.

• The Korean Society of Law and Medicine
• /
• v.20 no.3
• /
• pp.175-209
• /
• 2019

The bundled discounting which the dominant undertakings engage in is problematic in terms of competition restraint. Bundled discounts generally benefit not only buyers but also sellers. Specifically, bundled discounts usually costs a firm less to sell multiple products. In addition, Bundled discounts always provide some immediate consumer benefit in the form of lower prices. Therefore, competition authorities and courts should not be too quick to condemn bundled discounts and apply the neutral and objective standard in bundled discounting cases. Cascade Health v. Peacehealth decision starts ruling from this prerequisite. This decision pointed out that the dominant undertaking can exclude rivals through bundled discounting without pricing its products below its cost when rivals do not sell as great a number of product lines. So bundled discounting may have the anticompetitive impact by excluding less diversified but more efficient producers. This decision did not adopt Lepage case's standard which does not require the court to consider whether the competitor was at least as efficient of a producer as the bundled discounter. Instead of that, based on cost based approach, this decision said that the exclusionary element can not be satisfied unless the discounts result in prices that are below an appropriate measures of the defendant's costs. By adopting a discount attribution standard, this decision said that the full amount of the discounts should be allocated to the competitive products. As the seller can easily ascertain its own prices and costs of production and calculate whether its discounting practices exclude competitors, not the competitor's costs but the dominant undertaking's costs should be considered in applying discount attribution standard. This case deals with bundled discounting practice of multiple healthcare services by the dominant undertaking in healthcare market. Under the Korean healthcare system and public health insurance system, the price competition primarily exists in non-medical care benefits because public healthcare insurance in Korea is in combination with the compulsory medical care institution system. The cases that Monopoly Regulation and Fair Trade Law deals with, such as cartel and the abuse of monopoly power, also mainly exist in non-medical care benefits. The dominant undertaking's exclusionary bundled discounting in Korean healthcare markets may be practiced in the contracts between the dominant undertaking and private insurance companies with regards to non-medical care benefits.

• The Korean Journal of Air & Space Law and Policy
• /
• v.23 no.2
• /
• pp.31-66
• /
• 2008

Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

• 한국노년학
• /
• v.37 no.3
• /
• pp.549-565
• /
• 2017

A high-quality workforce is essential to delivering the high-quality care for the older people who are beneficiaries of long term care insurance. Providing adequate education and ongoing training opportunities could be one answer that may lead to the ultimate goal of improving the quality of long-term care services. Thus this study aimed to examine a workforce crisis and difficulties that care workers face in current education system, especially in contents and administration aspects and draw out suitable solutions or improvement measures. The focus group interview approach was chosen to reflect opinions of long-term care workers, directors of the education system in long-term care facilities and managers. The findings from the focus group interviews were analyzed by theme and classified into several categories by common subjects:'Training contents', 'Training environment', 'Administrator', 'Compulsory training', 'Care givers supply', 'Working condition'. Also, four content areas were presented as follows:'Job training', 'Dementia care training', 'Administration system', 'Workforce'. The caregivers demand very practical training programmes and trainers with a lot of field experience. Improving the working condition and treatments for them leeds to expand the opportunity of the on-going training.

• Journal of Oral Medicine and Pain
• /
• v.31 no.4
• /
• pp.283-296
• /
• 2006

Along with the development of scientific technologies, health care has been growing remarkably, and as the social life quality improves with increasing interest in health, the demand for medical service is rapidly increasing. However, medical accident and medical dispute also are rapidly increasing due to various factors such as, increasing sense of people's right, lack of understanding in the nature of medical practice, over expectation on medical technique, commercialize medical supply system, moral degeneracy and unawareness of medical jurisprudence by doctors, widespread trend of mutual distrust, and lack of systematized device for solution of medical dispute. This study analysed 30 cases of civil suit in the year between 1994 to 2004, which were selected among the medical dispute cases in dental field with the judgement collected from organizations related to dentistry and department of oral medicine, Yonsei university dental hospital. The following results were drawn from the analyses: 1. The distribution of year showed rapid increase of medical dispute after the year 2000. 2. In the types of medical dispute, suit associated with tooth extraction took 36.7% of all. 3. As for the cause of medical dispute, uncomfortable feeling and dissatisfaction with the treatment showed 36.7%, death and permanent damage showed 16.7% each. 4. Winning the suit, compulsory mediation and recommendation for settlement took 60.0% of judgement result for the plaintiff. 5. For the type of medical organization in relation to medical dispute, 60.0% was found to be the private dental clinics, and 30.0% was university dental hospitals. 6. For the level of trial, dispute that progressed above 2 or 3 trials was of 30.0%. 7. For the amount of claim for damage, the claim amounting between 50 million to 100 million won was of 36.7%, and that of more than 100 million won was 13.3%, and in case of the judgement amount, the amount ranging from 10 million to 30 million won was of 40.0%, and that of more than 100 million won was of 6.7%. 8. For the number of dentist involved in the suit, 26.7% was of 2 or more dentists. 9. For the amount of time spent until the judgement, 46.7% took 11 to 20 months, and 36.7% took 21 to 30 months. 10. For medical malpractice, 46.7% was judged to be guilty, and 70% of the cases had undergone medical judgement or verification of the case by specialists during the process of the suit. 11. In the lost cases of doctors(18 cases), 72.2% was due to violence of carefulness in practice and 16.7% was due to missing of explanation to patient. Medical disputes occurring in the field of dentistry are usually of relatively less risky cases. Hence, the importance of explanation to patient is emphasized, and since the levels of patient satisfaction are subjective, improvement of the relationship between the patient and the dentist and recovery of autonomy within the group dentist are essential in addition to the reduction of technical malpractice. Moreover, management measure against the medical dispute should be set up through complement of the current doctors and hospitals medical malpractice insurance which is being conducted irrationally, and establishment of system in which education as well as consultation for medical disputes lead by the group of dental clinicians and academic scholars are accessible.