• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.359-395
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• 2012

In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

• Journal of Intelligence and Information Systems
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• v.28 no.1
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• pp.29-43
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• 2022

With the advent of the Internet and the development of mobile digital devices such as smartphones and tablet PCs, the communication service paradigm began to shift from existing voice services to data services. Recently, as social network services (SNS) are activated and 4th industrial revolution technologies centered on ICT (Information and Communication Technologies) such as Big Data, Blockchain, Cloud, and 5G/6G are rapidly developed, the amount of shared data type and the amount of data are increasing rapidly. As the transition to a digital society begins actively, the importance of using data information, as well as the economic and social values of personal information are becoming increasingly important. As a result, they are actively discussing policies to revitalize the data information industry around the world and ways to efficiently obtain, analyze, and utilize increasingly diverse and vast data, as well as to protect/guarantee the rights of information subjects (providers) in various fields such as society, culture, economy, and politics.. In this paper, in order to improve the self-determination right of personal information on data produced by information subjects, and further expand the use of safe data and the data economy, a differentiated data trusts system was considered and suggested. In addition, the components and data trusts procedures necessary to efficiently operate the data trusts system in Korea were considered, and the non-profit data trusts system and the for-profit data trusts system were considered as a way to flexibly operate the data trusts system. Furthermore, the legal items necessary for the implementation of the data trusts system were investigated and considered. In this paper, in order to propose a domestic data trusts system, cases related to existing data trusts systems such as the United States, Japan, and Korea were reviewed and analyzed. In addition, in order to prepare legislation necessary for the data trusts system, data-related laws in major countries and domestic legal and policy trends were reviewed to study the rights that conflict or overlap with existing laws, and differences were investigated and considered. The Data trusts system proposed in this paper is a reasonable system that is expected to recognize the asset value of data in the capitalist market economy system, to provide legitimate compensation for data produced by data subjects, and further to contribute greatly to the use of safe data and creation of a new service market.

• Journal of Korea Technology Innovation Society
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• v.17 no.3
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• pp.519-539
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• 2014

In order to accomplish the successful performance management of the national research and development programs, it is necessary to establish the legal system that provide a institutional foundation and to set up and practice the relative substantial operating system. This paper aims to study the problems and improvement measures of the Performance Management System in National R&D Programs. For this purpose, the development of legal system on the performance management in national R&D programs was surveyed, the problems in existing laws and ordinances on the performance management were analyzed, and lastly the improvement measures on the legal system of the performance management were suggested. The legal system of performance management is being composed of and managed with The Framework Act On Science And Technology that prescribed the national science and technology policy direction, and Act On The Performance Evaluation And Management Of National Research And Development Projects, Etc. that prescribed the basic policies of performance management process and methods, and Regulations On The Management, Etc. Of The National Research And Development Projects that prescribed the concrete methodologies on performance management. Results of the study, it is necessary that the performance management laws and ordinances need improvement of Compatibility, the object and range of performance management system extend more widely to the whole field of national R&D programs in principle, and the performance management process and methods improve reasonably considering the goal and direction of national R&D policy.

• Journal of Korean Society of Disaster and Security
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• v.13 no.4
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• pp.1-12
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• 2020

Recently, as the extreme drought continued due to the reckless development and the dramatical climate change, national concern about the water management issues has been increased rapidly around the world, especially in Korea. Meanwhile, it is necessary to analyze and review the related cases in Australia, where they have developed the consistently, eco-friendly and systematically management from the national level, which is similar to that of Korea in difficult circumstances. Australia has been suffered by repeated droughts and floods due to low rainfall and dryness, and water disputes were begun with immigrant settlement in the 1890s. In the early days, water management agreements for efficient distribution of water resources, water use regulation programs, and federal water laws were enacted, and now the established water management system in which development and conservation are assumed to be well balanced. In Korea, however, in the past, the Ministry of Environment was responsible for water quality issues while the quantity was managed by the Ministry of Land, Infrastructure and Transport, and the main local departments for water management were divided. Therefore, it was difficult to manage the integrated water management due to problems such as duplicated works, excessive investments, and inefficiency. To resolve this situation, in 2018, all water management functions were unified, such as enacting the fundamental water-related laws, thereby laying the foundation for the integrated water management system for each basin. From 2019, even the integrated water management system was implemented, we are promoting the effect of sustainable water resource management. In order to establish a management policy for efficient and eco-friendly water management, the IWRM (Integrated Water Resource Management) of Australia, which has been devised in various ways, was analyzed and compared with the present situations and cases occurred in Korea, and the implications from this study would be suggested the future of IWRM in Korea.

• Health Policy and Management
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• v.29 no.4
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• pp.382-393
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• 2019

The right to petition is a classical right of the people in constitutional states, and in Korea, it is a statutory right in the Constitution, the National Assembly Law, the Petition Law, and the Local Autonomy Act. The healthcare community first made a successful petition to the National Assembly when it achieved the amendment of the Government Organization Act through a petition to the National Assembly for the independence of the Ministry of Health, and this achievement served as the basis for further petitions. Since then, the healthcare community has successfully achieved the enactment and amendment of related occupational laws through National Assembly petitions, such as the amendment of Article 41, Paragraph 7 of the former Medical Insurance Act (Korean Medical Association, 14th Assembly), enactment of the Dental Health Act (Korean Dental Association, 15th Assembly), and amendment of the Health Functional Foods Act (Korea Pharmaceutical Association, 16th Assembly). Its petition accomplishment rate is higher than the total petition accomplishment rate of the Health and Welfare Committee of the National Assembly. However, along with the overall decrease in the number of National Assembly petitions, the Korean Medical Association and Korea Pharmaceutical Association have not achieved any results through petitioning since the 16th Assembly (June 2000), and the Korean Hospital Association and Korean Nurses Association have not achieved any results through petitioning since the 17th Assembly (April 2004). Furthermore, no National Assembly petitions have been made at all for 5 years (2014-2018). The Korean Medical Association and Korea Pharmaceutical Association previously showed a high petition accomplishment rate through their accumulated experience with National Assembly petitions and vigorous policy assistance from doctors/pharmacists/nurses turned lawmakers. More specifically, healthcare organizations have achieved results by actively conducting organized activities with the National Assembly, as implemented by a national assembly director and employees, and in case of petitions for legislation, each group has established infrastructure for reviewing the relevant laws by appointing a legislative director, as well as a legal advisor and advisory counsel. Although the organization that has submitted the most petitions to the National Assembly is the Korean Hospital Association, the group with the highest petition success rate is the Korean Medical Association, which may be linked to the relatively high proportion of doctors who have become lawmakers. Furthermore, the fact that other healthcare organizations were highly interested in petitioning the National Assembly has had major implications for the petition activities of healthcare organizations.

• Korean Journal of Heritage: History & Science
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• v.48 no.3
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• pp.154-165
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• 2015

Common issues in research and policy on cultural heritage can be extracted among Eurasian countries although countries in the region show different colors of policies and studies. Among them one thing peculiar to Central Asian countries is that in general they do not have well delineated laws and regulations on the protection of cultural heritage. It may be because they had no enough time and experience to legislate and implement relevant laws and regulations ever since they got independence. Research on cultural heritage in Central Asian countries is often made in cooperation with foreign institutions. As shown in archaeological excavation projects in Central Asian countries, cooperative projects exceed noncooperative ones in terms of size and longevity. UNESCO, through its projects on the Serial and Transboundary World Heritage Nomination of the Silk Roads in Central Asia, also supports countries in Central Asia and others along the Silk Road in order to facilitate inclusion of their cultural heritages in the Tentative List of the World Heritage. With regard to activities on the protection of cultural heritage, while respective countries in Central Asia have made good efforts, they could not produce effective outcomes due to short of budget and specialized manpower. They have rich resources of cultural and documentary heritage but their registered heritages on the UNESCO's World Heritage List and Memory of the World are under-represented because of short of technology and experience among other things. A new trend in cultural heritage studies that combined cultural heritage with tourism has merged in recent years. While some critics have raised some negative questions, this new fashion became popular and will continue with the support of governments of Silk Road countries. In conclusion, Korean institutions are further encouraged to organize cooperative networks for research and policy with respective Eurasian countries.

• Land and Housing Review
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• v.7 no.2
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• pp.77-85
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• 2016

The government has switched the purpose of housing policy, from the 'housing supply' to 'housing welfare', with the Housing Laws established in 2015 under evaluation that resident stability and resident standard were improved. But, as 'affordable' housing is gradually decreasing, residential environment has become more poor. Residential environment is a basic element for the child safety, health, and better education. This study explored that the poor resident environment had effect on the child, figured out the situation on housing poverty of domestic child and searched the situation of the residential policy of domestic and foreign child. The main results are as follows. First, the poor resident environment of childhood has a bad effect on the physical health, mental health, academic achievement and cognitive development. Second, 1.29 million children (11.9%) are living in condition of housing poverty below minimum resident standard and are concentrated in certain areas. Third, the policy on housing poverty of domestic child is almost absent and focuses on the elderly, young people. this study discussed political and practical solutions based on these research results. On the basis of these research results, as policy suggestions we proposed housing policy making based on the UN Convention on the Rights of the Child, evidence-based housing policy enforcement and, residential policy suggestions under the responsibility of central government, and as practical suggestions community working as the subject and related agency's solidarity from prevention activity of housing poverty and child advocacy point and we discussed way for issue and analyzed related laws, policies, commitments.

• The Journal of the Korea Contents Association
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• v.13 no.4
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• pp.170-186
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• 2013

As the population is getting older, medical expenses amount of the whole is keep increasing. So, the pressure of the finances, Health Insurance, Medical Care Assistance Act and etc, is getting higher. The share of healthcare-expense is increasing due to elderly illness. And it became a social problem; we analysed present state of senior healthcare in South Korea-looked into current laws and policies, and found problems. We tried to suggest improvements that drew from the current state of foreign country senior healthcare of those problems. For the result, we found the problem in relevant-law system of senior healthcare guarantee. In this study, we proposed the ways to qualitatively upgrade of medical standard that considered on elderly' features: the strengthened guarantee for healthcare, financial secure for long-term convalescence benefit, linking and functional reinforcement for elderly welfare and long-term convalescence insurance, the solution for overlapped laws about convalescence in long-term convalescence insurance and elderly welfare, a betterment of grading, and a home service consolidation. We need to secure right amount of emergency medical service budget, and effective management system for the improved level of senior severely emergency medical service. Furthermore, we suggested that South Korea needs to legislate [The Law for Senior Medical Secure] to respond to rapidly increasing senior healthcare fee.

• Review of Culture and Economy
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• v.21 no.2
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• pp.53-88
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• 2018

Among the cultural industries, the game industry is the most economically valuable industry. It has been about twenty years since the game policy has been implemented and the game laws have been enacted. If the law is a willing expression for the realization of the policy, the orientation of the game policy can be grasped through revision of the game laws. SOUND RECORDS, VIDEO PRODUCTS, AND GAME SOFTWARE ACT, established in 1999, and GAME INDUSTRY PROMOTION ACT, which was enacted in 2006, are regulated by many revisions. In this paper, I try to understand the direction and meaning of Korean game policy(classification, game dysfunction, gambling, industry growth) through the contents of the revision of the game law for 20 years. The game policy shown through the amendment of the game law is intended to protect the game by regulating the game, and to protect the game user by preventing the gambling and preventing the game dysfunction, and to increase autonomy of users and choice of producers by switching to self rating system, and based on this, an environment for continuous industrial growth is created. In the future, game policies should consider cooperation with social areas beyond game-specific areas. On the other hand, it needs to respond to new agendas such as polarization of industrial structure, fair environment, employment environment.

• Korean Journal of Construction Engineering and Management
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• v.7 no.1 s.29
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• pp.119-127
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• 2006

On December, 1996, the Ministry of Construction and Transportation published Construction Management Service in Construction Industry Basic Act. CM service has been adopted in Korean construction market for ten years by now, however there was no significant change in the construction industry from adoption of CM service. The CM service results aggregated by PCM, from 1997 to 2004, show that CM service adopted projects were 324 in total and the total contract amount was 260million US dollars. These results tell us that adoption of CM service in Korean construction industry is not successful. The research is to survey the factors and the limitations affecting on poor adoption of CM service and to propose the improving strategies on that matter. Therefore, this paper analyzes former papers, laws and regulations on CM and CM service results from PCM as well. From the analysis, we found conflicts in between the laws such as different rules on same matter or missing significant policies in their provisions. Also, problems of industrial organization was found such that the public sector seldom adopts CM service due to their embeded CM function.