• Title/Summary/Keyword: Legal person

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Strategy of Food Retailer and Delivery Rider's Accident in South Korea

  • KWAK, Young-Arm;CHO, Young-Sang
    • Journal of Distribution Science
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    • v.18 no.5
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    • pp.49-60
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    • 2020
  • Purpose: The primary objective of this research is to propose answers of rider's accident of food retailer in South Korea, in view of business sustainability of food retailer and his precious fate of rider who is a father that has a responsibility to the family. Research design, data, and methodology: We investigated previous studies such as food retailer, delivery, delivery application of mobile, rider's accident and statistics of delivery business agency, motorcycle accident ratio, annual fatalist, and further we analyzed cases of rider's accidents. Results: Rider's accident on the road toward food retailer is serious risky factor to their business reputation, corporate image, because claim amount related to death and physical/mental disability can be heavily damaged to food retailer. The point when rider dies is that rider is a person responsible for supporting his/her family, that is, a life itself issue together with downfall of family. Conclusions: In view of growth of South Korean' delivery rider industry, the authors recommended that focus of stability and sustainablity of both food retailer and delivery rider should establish to executable and practical ideas such as rider's readiness, abandon of speed guarantee, duty of delivery app business and legal aids.

An Evolutionary Concept Analysis of Forensic Nursing Competency (법의간호 역량에 대한 진화론적 개념분석)

  • Jo, Na Young;Lee, Yun Mi;Son, Youn-Jung
    • Journal of Korean Critical Care Nursing
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    • v.11 no.2
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    • pp.34-50
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    • 2018
  • Purpose : This study aimed to clarify attributes, antecedents, and consequences of forensic nursing competency. Method : Rodgers' evolutionary concept analysis was used to analyze twenty nine articles on forensic nursing based on a systematic review of theology, medicine, psychology, and nursing literature. Results : Forensic nursing competency consists of the following seven attributes: awareness of the medico-legal problem, multidisciplinary integrated knowledge, education and training in forensic science, professional career development, evidence based practice in forensic nursing, collaborative forensic nursing with community partner, safety and security effective communication, and supportive relationships. Finally, we could explain the consequences of forensic nursing competency on knowledge construction in nursing, enhancing professional nursing, and establishing a human rights and social justice based approach. The antecedents of forensic nursing competency were forensic science interest, forensic science experience, and nurses' view of person in forensic-works. Conclusion : Based on these results, we recommend the development of a Korean version of a scale to assess forensic nursing competency.

A Study on the Architectural Facilities Utilization of Regional Specialized Schools for Alternative Education (대안교육 지역특성화학교의 시설 및 이용현황 조사연구)

  • Jung, Jinju
    • Journal of the Korean Institute of Rural Architecture
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    • v.9 no.3
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    • pp.73-82
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    • 2007
  • Ministry of Education and Human Resources presented on December, 2006, 'Alternative school establishment and operation regulation' of contents that can be recognized attainments in scholarship because is authorized if alternative schools fulfill fixed condition. Even though, one time, it was true that several opinions which try to limit to adaptation school of person disqualified for school, thus, various discussion and efforts that specialized school for alternative education does to grow are appearing. However, the expectation which a lot of non authorized schools will apply is not so high because specialized school for alternative education will be controlled in free curriculum and school operation that have been administered and can not be guaranteed school's sell-regulation if acquire legal authorization. Under such social and educational background I surveyed present condition, law, system, literature investigation of existing study, Japanese system and example and authorized two sample specification schools etc. through 'A Basic Study on the Optimum Facilities Criteria Modeling of Regional Specialized Schools for Alternative Education(2006. 10)'. This study was preceded the succession and I visited 17 schools that permit investigation opening of schools among 29 that is authorized until present. So I try to find out architectural planning criteria to activate specialized school for alternative education more through analyzing school's general present condition, establishment idea, operation and specialized education plan, facilities present condition and characteristic.

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Material Transfer Agreement for Human Material (인체 유래 물질과 관련된 계약)

  • Kim, Jang-Han
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.9-34
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    • 2007
  • Human material is considered as an independent object after departing from human body. But unlike other materials, that is not allowed for the trading because of the nature of personality. According to the present legal system, the human material is only permitted to donate to the researcher or biobank for scientific study. Bur after the collection, the human materials are regarded as a valuable assets and the collectors want to get more economic gains. If the neutral modulators serve for the justifiable circulation. The economic motivations could be prevented within material transfer processes. In real life, the neutral modulator is hard to find and most of partipants are involved in the economic interests. In this situation, it may be justifiable to permit the person who donate his body material to pursue reach through right on his material. The problem is how to measure the value of human material and how to treat the informed consent. If the essential portion of human personality is contributed to the value of human material and if only his material can be served for the invention, the tissue donator can get economic interests on his body material as his property. That is based on the rule of processing of human efforts on civil law.

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A Study on the Utilization and Development of Online Dispute Resolution System (온라인분쟁해결제도의 활용과 발전방향에 관한 연구)

  • Choi, Seok-Beom;Jung, Jae-Woo
    • International Commerce and Information Review
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    • v.6 no.2
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    • pp.23-41
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    • 2004
  • Rapid development of computer and telecommunication technology brought out the expansion of electronic commerce which is the new type of business transaction. Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. And ADR refers to processes other than judicial determination in which an impartial person assists those in a dispute to resolve the issues between them. ODR refers to ADR processes assisted by information technology, particularly the internet. ODR has been available since 1996. Its development can be as passing through three broad stages : hobbyist, experimental, entrepreneurial, institutional phrase. Also, ODR has adapted a range of traditional ADR for use online, including arbitration. mediation. facilitated negotiation and case appraisal. Mediation and arbitration have been the most prevalent forms of ODR. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited. Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities.

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The Research of Job Stress and MSDs Symptoms of Small Plants with Agricultural Products (소규모 농산물 가공사업장 작업자의 직무스트레스 평가 및 근골격계부담작업 유해요인 조사)

  • Koo, Hye-Ran;Shin, Yong-Seok;Chae, Hye-Seon;Lee, Kyung-Suk
    • Journal of Agricultural Extension & Community Development
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    • v.18 no.4
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    • pp.861-877
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    • 2011
  • The purpose of this study is to survey job stress and Musculoskeletal Disorder(MSDs) of workers in small plants with agricultural products. The subjects were comprised of 69 workers participated in "Helping the rural women to get the small businesses" project. The questionnaire surveys were Korean Occupational Stress Scale(KOSS), and Legal Risk Assessment of Musculoskeletal Disorders(KOSHA CODE H-30-2003). As a result of the survey, scores of KOSS 8 sub-items except for job demand were similar to that of Korea workers. Prevalence of MSDs symptoms of small plants workers was high percent (44.9%). And the rate according to kinds of product was significant difference at neck (p<0.01), lumbar (p<0.01), and leg (p<0.01). There was no significant difference between view person sign of MSDs and non MSDs according to sex, year, the number of workers, working years, working time per one day, rest time per one day, and subjective working intensity, but there were significant difference between high stress group and low stress group about MSDs at interpersonal conflict(p<0.05). Job stress and MSDs were important factor to workers of small plants producted agricultural products. Therefore, starting a business with small plats, workers consider interpersonal conflict and body part showing MSDs.

Unresolved Issues in Patent Dispute Evidence in Australia: Considering Arbitration as an Alternative to Litigation

  • Kwak, Choong Mok
    • Journal of Arbitration Studies
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    • v.26 no.3
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    • pp.121-147
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    • 2016
  • Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.

A Study on the Legal Aspect of the Concept for Medical Practice in Korean Medicine through Cases Analysis (판례분석을 통한 한방의료행위개념의 법적 근거 고찰)

  • Lee, Mee-Sun;Kwon, Young-Kyu
    • Korean Journal of Oriental Medicine
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    • v.15 no.3
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    • pp.19-28
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    • 2009
  • Objectives : The lawsuits associated with medical practice in Korean medicine are increasing gradually. However, the clear definition for medical practice in Korean medicine has not been existed in Korean law. Only we may understand the concept regulated by judicial precedents of the court of justice or the authoritative interpretation by the government. Methods : For study, a database was established for medical lawsuits involving Korean medicine(1968~2009, n=130). Results : According to court rulings, the medical practice in Korean medicine is an act to diagnose a person's illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care, to have some factor to create or increase danger for the preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge. Conclusions : But, such definition is not proper and exceedingly vague. Besides medical circumstances Koreans Medicine are changing, and new precedent to the definition of the practice of medicine is establishing. Therefore the meaning and scope of the medical practice in Korean medicine should be modified and amended, reflecting these conditions.

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The Features of Restricted Access to Information at European and East Asian Libraries

  • Makhotina, Natalya;Pshenichnaya, Evgeniya
    • Journal of Information Science Theory and Practice
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    • v.9 no.3
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    • pp.31-41
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    • 2021
  • The growing number of threats to society through the uncontrolled distribution of information is forcing library communities in many countries to reconsider their views on free access to collections. Based on the content of numerous documents of international importance, it can be concluded that in any democratic country access to information is one of the most important human rights, along with the right to life, liberty, and security of person. However, the state has the right to restrict citizens' access to information within the framework of existing legislation. Constantly, restrictions on access to information are established in order to protect the ethical foundations of the constitutional order, morality, health, rights, and legitimate interests of others, to ensure the country's defense and state security. It goes without saying that each country has the right to independently decide where the boundaries lie between permitted and prohibited information, including printed information, contained in library collections. This article describes three levels of access restriction: foreign, state, and regional. The authors have analyzed the legal and regulatory documents that govern libraries, as well as the reasons and methods of limitation. A comparative analysis of the restriction of access to information in the countries of Europe and Asia is presented.

THE EFFICIENT ESTIMATE OF ENVIRONMENTAL MANAGEMENT COSTS IN THE CONSTRUCTION SITES

  • Hyuk Moon;Sung-Jin Kim;Jae-Jun Kim
    • International conference on construction engineering and project management
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    • 2005.10a
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    • pp.437-446
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    • 2005
  • Recently as people's values are changing from development phase into running stage after quality of life, so that the needs of environmentally friendly construction are gradually increasing. Also populace discontent about the pollution during construction process such as the noise and vibration caused by construction machinery is increasing. Even though it is impossible to eliminate the construction pollution fully, it is necessary to make efforts to reduce construction pollution to a minimum. In terms of construction site operating, the first possible step for solving these matters directly is that the necessary sum of expenses must be secured as the environmental management costs in the conceptual phase. However, in fact, the environmental management costs have not been secured in the budget. Generally it is the major reason not arising proper activities to prevent the pollution in the construction site. The purpose of this research is to suggest the efficient budgeting method regarding Environmental management costs to ensure the necessary sum of environmental management expenses. To provide an efficient budgeting method, interviews with the person in charge of environment management was conducted. 78 construction sites was surveyed and environmental management costs were analyzed through their historical data from the survey. According to the results of analysis, the ratio of environmental management costs is revealed 0.45% of construction cost as average comparing 0.2% of legal limit. And usually the environmental management cost was appropriated into the safety management budget. So it is needed to isolate environmental management budget securely and modify the ratio of Environmental conservation Costs in Construction Technology Management Act.

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