• Title/Summary/Keyword: Journal Article in Korea

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Exemption from Civil Liability in the Good Samaritan Law ('선한 사마리아인 법'에 따른 민사책임의 감경 - 응금의료에 관한 법률 제5조의2을 중심으로 -)

  • Kim, Cheonsoo
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.31-60
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    • 2014
  • In this paper the good Samaritan civil liability is argued. In many cases some damage could be caused by an emergency medical service. In such situations the degree of duty of care taken by the service provider would be alleviated depending upon the degree of emergency. Then the service provided by anyone not carrying any duty to do so could be generally ruled by the 'Korean Civil Act' Article 735. This article is related to the management of affairs in urgency. The application of this article means the mitigation of civil liability of the service provider. If the service provider not carrying any duty to provide it "has managed the affairs" of the service "in order to protect the" victim "against an imminent danger to the latter's life", the provider "shall not be liable for any damages caused thereby, unless he acted intentionally or with gross negligence". Korea has another rule applied in such a situation, that is the Korean 'Emergency Medical Service Act' Article 5-2. This article is established for the exemption from responsibility for well-intentioned emergency medical service. It could be referred to as the Good Samaritan law. It provides: "In cases where no intention or gross negligence is committed on the property damage and death or injury caused by giving any emergency medical service or first-aid treatment falling under any of the following subparagraphs to an emergency patient whose life is in jeopardy, the relevant actor shall not take the civil liability ${\cdots}$" In this paper the two articles is compared in the viewpoints of the requirements for and effects of the application of them respectively. The 'Korean Civil Act' Article 735 is relatively general rule against the the Korean 'Emergency Medical Service Act' Article 5-2 in the same circumstance. Therefore the former could be resorted to only if any situation could not satisfy the requisites for the application of the latter. In this paper it has suggested that the former article be more specific for the accuracy of making decision to apply it; and that the latter be revise in some requirements including the victim, the service provider, and the service.

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Feminism in Nursing Science in Korea (한국 간호학문에서의 페미니즘)

  • Yi, Myung-Sun
    • Journal of Korean Academy of Nursing
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    • v.35 no.5
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    • pp.914-923
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    • 2005
  • Purpose: Although feminism has been actively discussed and applied to nursing in Western societies since the 1980s, it is little known among Korean scholars as well as Korean nurses. This article explores the use of feminist perspectives in nursing science in other developed countries and suggests how feminism could be applied to nursing science in Korea. Method: The literature related to nursing and feminism were reviewed in terms of nursing practice, education, and research. Result: This article describes what feminism is and how feminism and nursing have evolved historically over time in other countries, especially in Western societies. In addition, it discusses how it can be applied to nursing practice, education, and research in Korea. Conclusion: Accepting feminist perspective in Korean nursing could benefit in empowering nurses by valuing nursing, by raising self-esteem of nurses, and by raising the consciousness of socio-political realities. Eventually it could benefit in changing and developing nursing science in Korea.

Principle of Proportionality of Contractual Penalty in Arbitral Awards in Russia

  • Eunok Park;Liliia Andreevskikh
    • Journal of Korea Trade
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    • v.27 no.1
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    • pp.176-191
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    • 2023
  • Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.

A Study on the Legal Issues on the Payment of Renewable Energy Subsidies (신재생에너지 보조금 지급에 관한 법적쟁점 고찰)

  • Park, Ji-Eun;Lee, Yang-Kee
    • Korea Trade Review
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    • v.43 no.4
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    • pp.111-130
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    • 2018
  • In December 2015, the Paris Agreement was adopted to cope with global warming caused by greenhouse gas emission and to prevent the average temperature of the Earth from rising. Renewable energy sources have become important to address environmental problems such as rising sea levels, depletion of forests and fine dust. In order to grow renewable energy, government support is needed. However, excessive government support for the renewable energy industry could pose problems that include undermining fair competition and raising costs. The WTO already has heard cases involving renewable energy subsidies. This article focuses on subsidies and countervailing tariffs as well as examines WTO disputes related to renewable subsidies, and also analyze legal issues that are problematic in granting subsidies for the development of new renewable energy industries. In WTO dispute involving renewable energy subsidies, legal issues are SCM Agreement article 2 Specificity, article 3 (b) import substitution subsidy and GATT article 20. This paper proposes improvement measures such as the reintroduction of article 8 Non-Actionable Subsidies or special provisions on energy subsidy. In addition, it is necessary to clarify the interpretation of Article 3 of the subsidy agreement. However, excessive government subsidies can lead to trade friction, so the WTO rules should be improved in line with the WTO goals of environmental protection, equity in free trade, and sustainable development.

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A Theoretical and Empirical Survey of Computer Attitudes

  • JUNG, Sei-Hwa
    • Educational Technology International
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    • v.9 no.2
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    • pp.57-77
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    • 2008
  • For years, research on the impact of students' attitudes on learning has maintained a spot amongst the most highly discussed topics in education. Particularly, over the past decades, researchers have made great strides in better understanding attitudes toward computers. This article presents a critical review of the current state of research by re-examining how attitudes toward computers have been studied. First, the review introduces an overview of the theoretical foundations and the origins of research on attitudes toward computers. Then, the article summarizes previous literature and knowledge about computer attitudes and provides a review of major findings from research on the effects of some factors affecting the formation of computer attitudes. The discussion reveals a number of major issues and challenges, which include unclear characterization of computer attitudes, problems with measurement tools, and the lack of studies using methods other than brief questionnaires. The unsolved problems cause conflicting, inconsistent and inconclusive results and affect interpretation in the study of computer attitudes. The article also suggests the main recent and future directions of research on attitudes toward computers. Finally, it concludes by providing implications for educators.

Policy Suggestions to Facilitate Developing Group Homes as a Housing Alternative for the Elderly Dementia Patients (치매 노인을 위한 주거대안으로서의 그룹홈의 활성화를 위한 정책 제안)

  • 권오정;김대년;최정신;이옥경
    • Journal of Families and Better Life
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    • v.20 no.2
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    • pp.97-111
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    • 2002
  • Despite the substantial increase of the elderly population in Korea, welfare policies such as housing programs have not been developed enough to meet the diverse needs of the aging people. Particularly, caring for elderly dementia patients is becoming a serious social problem in Korean society. Families are still primarily responsible for taking care of the elderly dementia patients, and thus are suffering from tremendous caregiving burdens. In many Western countries, group homes, which are small-scale care facilities with home-like atmosphere, have become common housing alternatives for elderly dementia patients. Group homes effectively create a therapeutic environment while helping reduce the elder care burdens for the families. This article proposes to review group homes as a housing option for the elderly with dementia in Korea. The purpose of this article is to make suggestions for housing policies, separately or as a part of more general welfare policies. Based on the questionnaire survey conducted on 912 persons currently residing in Seoul and five different provinces, various possible policies and suggestions to promote establishing group homes and other facilities for elderly dementia patients are discussed in this article.

A Study on Reforming the Roles and Scope of Environmental Impact Assessment (환경영향평가의 역할 및 범위 재정립 방안연구)

  • Kim, Sun-Hee
    • Journal of Environmental Impact Assessment
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    • v.9 no.4
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    • pp.315-322
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    • 2000
  • Environmental Impact Assessment(EIA) was first formally established in the Korea in 1981. Subsequently there has been a rapid growth in EIA activity, and over one hundred fifty environmental impact statements are now published in Korea each year. Although EIA now has almost 20 years of history in the Korea, elsewhere the development of roles and practice is more recent. Development is moving apace in many countries, including the Japan and the EU Member States. Such progress has not been without its problems, and a number of the current issues in EIA-scope of the assessment, the relative roles, the quality of assessment and monitoring and auditing after decision, and so on- are highlighted. So the purpose of this article is to reform the EIA roles and process, in extending the scope of activity, and assessing effectiveness. This article suggested improving the effectiveness of project assessment, widening the scope: stretegic environmental assessment, and extending EIA to project design process, environmental monitoring and feedback system.

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A Study on the Development and Improvement of the Online Article Contribution Management System Based on KISTI-ACOMS for Korean Society of Environment and Ecology (KISTI-ACOMS를 기반으로 한 한국환경생태학회 온라인논문투고관리시스템 개발 및 개선방안)

  • Park Jae-Won;Choi Sun-Hee;Kang Mu-Yeong
    • Korean Journal of Environment and Ecology
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    • v.18 no.4
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    • pp.456-464
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    • 2004
  • KISTI(Korea Institute of Science and Technology Information) has developed the $\boxDr$KISTI-ACOMS(KISTI-Article COntribution Management System)$\boxUl$ as part of the national project for automating the process of processing academic information by societies, in order to convert journals published by academic societies in Korea into an electronic from and make them accessible on the Internet. This system was developed in the year 2001 and has since been distributed to societies free of charge. The number of societies requesting the service has risen recently, which prompted us to take more recommendations of the societies that adopt this system into account in expanding and standardizing the area of service being provided by the system. This paper will investigate the functions of KISTI-ACOMS constructed for use in the Korean Society of Environment and Ecology and list the functions and requirements for the next system to enhance the on-line paper management system.

A Study of Collaborative Online Knowledge-Information Service Management: A Plan for Improving the Service (협력형 온라인 지식정보서비스 운영방안에 관한 연구 - <사서에게 물어보세요> 서비스 활성화 방안을 중심으로 -)

  • Jung, Kwang-Hun;Kim, You-Seung
    • Journal of Korean Library and Information Science Society
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    • v.40 no.1
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    • pp.133-155
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    • 2009
  • To deal with a new environment of information technologies in the 21 Century, many libraries around the world have made great efforts to develop online knowledge-information services. In Korea, the National Library initiated an online knowledge-information services, in 2008. Through case studies and practical tests of online knowledge-information services, this article discusses plans for developing . The article explores definitions and types of online knowledge-information services, and analyzes online knowledge-information services in Denmark, Sweden, Finland, and Korea. Futhermore, practical reviews on the four services are conducted through 'question-answer' tests. As a result, the article discusses present and future tasks for improving .

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Practical strategies for the prevention and management of chronic postsurgical pain

  • Bo Rim Kim;Soo-Hyuk Yoon;Ho-Jin Lee
    • The Korean Journal of Pain
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    • v.36 no.2
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    • pp.149-162
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    • 2023
  • Chronic postsurgical pain (CPSP) is a multifactorial condition that affects a significant proportion of patients undergoing surgery. The prevention and management of CPSP require the identification of preoperative risk factors to screen high-risk patients and establish appropriate perioperative pain management plans to prevent its development. Active postoperative pain management should be provided to prevent CPSP in patients with severe pain following surgery. These tasks have become important for perioperative team members in the management of CPSP. This review article provides a comprehensive overview of the latest research on the role of perioperative team members in preventing and managing CPSP. Additionally, it highlights practical strategies that can be employed in clinical practice, covering the definition and risk factors for CPSP, including preoperative, intraoperative, and postoperative factors, as well as a risk prediction model. The article also explores various treatments for CPSP, as well as preventive measures, including preemptive analgesia, regional anesthesia, pharmacological interventions, psychoeducational support, and surgical technique modification. This article emphasizes the importance of a comprehensive perioperative pain management plan that includes multidisciplinary interventions, using the transitional pain service as an example. By adopting a multidisciplinary and collaborative approach, perioperative team members can improve patient outcomes, enhance patient satisfaction, and reduce healthcare costs. However, further research is necessary to establish targeted interventions to effectively prevent and manage CPSP.