• Title/Summary/Keyword: Legal point

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Legal Approach to the Passage Issues of the Cheju Strait (제주해협 통항문제에 관한 법적 고찰)

  • Kim Hyun Soo
    • Proceedings of KOSOMES biannual meeting
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    • 2003.11a
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    • pp.35-44
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    • 2003
  • Considering possible legal and policy problems with regard to the Cheju Strait, a central issue is whether the Cheju Strait should be treated as Korean territorial sea or an international strait The claim that the strait is territorial sea has been based on the use of a straight baseline method of dermarcation With the use of straight baseline, Korea claims that the breadth of the Cheju Strait is only 20.7 miles at its narrowest point and therefore the strait becomes the territorial sea of Korea. The consideration cf marine pollution has weighed heavily in claiming the Cheju Strait as territorial sea. Pollution resulting from the accidents cf tankers caused by fire, collision, or stranding in the Cheju Strait and the Korea Strait would be enormous, affecting the entire coastal waters of the south coasts cf Korea's mainland and Japan's Tsushima Islands areas. Catastrophic pollution in the Cheju Strait could also come from the accidents cf large-size oil tankers passing through the Korea Strait from the Malacca Strait Although the Korean government considers the geographic and socioeconomic conditions sufficient to justify Korea's claim of the Cheju Strait as territorial sea, it believes that declaring it so would raise considerable legal conflicts with maritime states. In view of the legal difficulties and the need to meet the problems arising from the growing vessel traffic in the Cheju Strait, the sea lanes and traffic separation schemes may be considered an alternative to the internationalization of the Cheju Strait Even if the Korean government dose not do so, the regime of innocent passage should be applied to vessels passing through the Strait and should not suspend innocent passage through the Strait. Therefore, the Korean government needs to have a more legal, pragmatic, functional and managerial approach than a purely sovereign and selfish approach to the solution of legal matters of the Cheju strait For this purpose, the UN Convention on the Law of the Sea would serve as a guide and also self-restraint and cooperative approaches would become norms governing the resolution of the law of the sea issues in the Cheju Strait.

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Educational Utilization of Microsoft Powerpoint for Oral and Maxillofacial Cancer Presentations

  • Carvalho, Francisco Samuel Rodrigues;Chaves, Filipe Nobre;Soares, Eduardo Costa Studart;Pereira, Karuza Maria Alves;Ribeiro, Thyciana Rodrigues;Fonteles, Cristiane Sa Roriz;Costa, Fabio Wildson Gurgel
    • Asian Pacific Journal of Cancer Prevention
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    • v.17 no.4
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    • pp.2337-2339
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    • 2016
  • Electronic presentations have become useful tools for surgeons, other clinicians and patients, facilitating medical and legal support and scientific research. Microsoft(R) PowerPoint is by far and away the most commonly used computer-based presentation package. Setting up surgical clinical cases with PowerPoint makes it easy to register and follow patients for the purpose of discussion of treatment plan or scientific presentations. It facilitates communication between professionals, supervising clinical cases and teaching. It is ofter useful to create a template to standardize the presentation, offered by the software through the slide master. The purpose of this paper was to show a simple and practical method for creating a Microsoft(R) PowerPoint template for use in presentations comcerning oral and maxillofacial cancer.

A Comparative Analysis on the Korean and Chinese Electronic Signature System (한.중 전자서명제도에 관한 비교 연구)

  • Kim, Sun-Kwang;Kim, Jong-Hun
    • International Commerce and Information Review
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    • v.11 no.4
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    • pp.47-73
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    • 2009
  • Electronic Commerce has become the leading method of business in many countries. And related laws are being established and is operating in Korea and China. In this circumstance, Korea's electronic signature law was enacted on February 5, 1999, and has been applied from July 1, 1999. But China's electronic signature law was enacted on August 28, 2004, and has been formally applied from April 1, 2005. This paper is to drive problems of the electronic signature system and law and to show the whole point to be considered in enterprise and the present status of internal and external service under the basis of electronic trade. The purpose of this study aims to present a comparative analysis on the Korean and Chinese electronic signature system and law. In addition to, another point of this paper is suggestions for improvement of legal problem.

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Total Load Control System(TLCS) and Pollutant Loading Estimates from Watershed using BASINS (새만금 유역에 있어 BASINS 적용가능성 검토 (만경유역 유출량을 중심으로))

  • Jeon, J.H.;Yoon, C.G.
    • Proceedings of the Korean Society of Agricultural Engineers Conference
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    • 2001.10a
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    • pp.399-402
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    • 2001
  • After the legal foundation for the Total Load Control System (TLCS) process is embedded in integrated water management counterplan for 4 major river basins (1998), Kyunggido Kwangju City prepared the implementation plan of TLCS at first time. There is little difference between TLCS and TMDL(Total Daily Maxium Loading; U.S.A). TMDL is applied only when mandatory effluent limitations are not stringent enough to attain any water quality standard. But object of TLCS not only attain water quality standard at distributed watershed but also consider development of area at non-distributed watershed. For applying of systematic and consistent TLCS, we need to establish a system integrated watershed and point source, non-point source and assessed massive database easily. Now we are study on applicable possibility of BASINS on Korea, we think that BASINS's tool and many models are more easily apply to TLCS, so we recommend TLCS will be applied using BASINS.

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Application of HACCP System in the Pork Industry in Korea - Review -

  • Chung, M.S.
    • Asian-Australasian Journal of Animal Sciences
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    • v.12 no.2
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    • pp.253-260
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    • 1999
  • Occurrences of foodborne disease outbreaks are increasing in Korea. Among the outbreaks, Salmonella, Staphylococcus aureus, Vibrio parahaemolyticus are the most important organisms and meat and meat product the major sources of infection. Hazard Analysis Critical Control Point system is a process control system designed to identify and prevent microbial and other hazards in food production. It is considered to be the best process management system by the National Advisory Committee for Microbiological Criteria for Foods, the National Academy of Science, and the Codex Alimentarius Commission. The Korean Ministry of Health and Welfare established a legal basis for the implementation of the HACCP system in Article 32-2 (Hazard Analysis Critical Control Point) of the Food Sanitation Act in December 1995. The Ministry of Agriculture and Forestry has granted research funds for the development of this model system for application to traditional food products and processed fishery products as well as to raw meats. Implementation of the HACCP system is an important step and the Korean food industry and the Government are focused on ensuring food safety in Korea.

The Reality of Transitional Services Provided to People with Intellectual Disabilities from the Point of View of Parents

  • AL Zahrani, Mohammed Abdullah;Alqudah, Derar Mohammed
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.338-347
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    • 2022
  • The current study aimed to identify the reality of the transitional services provided to people with intellectual disabilities from the parent's point of view. The results indicated an average level, with an arithmetic mean (3.66) of the reality of transitional services provided to students with intellectual disabilities through the response of the study participants to the questionnaire consisting of (20) items. The dimension (social and societal skills) ranked first with an arithmetic average (4.03) with a high degree, through the response of the participants in the study to the items of the dimension consisting of (10) items. It was followed by the dimension (self-determination skills) with an arithmetic average of (3.29) to a medium degree, through the response of the participants in the study to the items of the dimension consisting of (10) items. The researchers recommend the necessity of joint planning by all relevant authorities, to solve the legal, societal, technical, and administrative problems and challenges that impede the provision of transitional services for students with intellectual disabilities.

A Study on Medical-criminal Problem of Withdrawing Life-Sustaining Treatment (치료중단행위에 대한 의료형법적 고찰 -의학적 충고에 반한 퇴원 사례를 중심으로-)

  • Cho, In-Ho
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.319-382
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    • 2008
  • As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

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The Analysis of Registration of Design Rights in Korean Apparel Industry - Design Rights Registered in Apparel (Classification B1) - (한국 의류산업의 의장(디자인) 등록 추세와 의장제도에 관한 연구 - 의복류(의장분류 B1)의 의장 등록을 중심으로 -)

  • 김용주
    • Journal of the Korean Society of Costume
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    • v.54 no.1
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    • pp.125-139
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    • 2004
  • The present study was to analyze the trend of registration of design rights in apparel products and tc point out problems of current protection law to design. The research data was total 1,850 design rights in apparel that have been registered to the Korean Patent and Trademark Office from the first design registered in March 1, 1963 through those registered in April 24, 2003. All design rights were analyzed by the year, by the type of product, and by the type of applicant. And also design rights registered under the revised design registration system(without examination) were analyzed by the trait. The results of the study were as follows: (1) Sweater & polo shirts, underpants, and the Korean traditional dress were three major single categories registered in apparel : (2) 54.3% of total design rights in apparel was registered since the legal system of design rights has been revised in March 1, 1998 : (3) Registration by individual applicant were 71.7% of total; (4) About 60% of total design rights were for aesthetic, but in some categories such as vest. brassiere, undershirts, designs for function were more frequently registered than others. And total 68 design rights for the symbol of the organization or uniform, were registered in upper outerwear and pants : (5) As problems of the current legal protection system for designs, the term of “design”(expressed in Korean), double registration of similar designs, malicious intention to register other's trademark as his/her own design. The current legal system for design rights were more used for the product that has relatively long life cycle. And the revised law has been effective in encouraging the registration of design rights. However. the current design law still has some problems to be revised to prevent design rights or trademark infringement.

The Paradigm Shift of Intelligence Information Society: Law and Policy (지능정보사회에 대한 규범적 논의와 법정책적 대응)

  • Kim, Yun-Myung
    • Informatization Policy
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    • v.23 no.4
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    • pp.24-37
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    • 2016
  • An Intelligent information society means intelligent superconducting society that goes beyond information society where information is centered. Now that artificial intelligence is specifically discussed, it is time to start discussing the laws and systems for intelligent information society, where artificial intelligence plays a key role. At some point it may be too late to cope with singularity. Of course, it is not easy to predict how artificial intelligence will change our society. However, there are concerns on what kind of relationship should humans build with AI in the intelligent information society where algorithms rule the world or at least support decision making of humans. What is obvious is that humans dominating AI or ruling out AI will not be the answer. Discussions for legal framework to respond to the AI-based intelligent information society needs to be achieved to a level that replaces the current human-based legal framework with AI. This is because legal improvement caused by the paradigm shift to the intelligent information society may assume emergence of new players-AI, robots, and objects-and even their subjectivation.

A study on the Problems and Improvement Proposals on Legal Definitions in Respect of Herbal Medicinal Preparations, Crude Drug Preparations and New Drugs from Natural Products (한약제제, 생약제제와 천연물신약의 법규상 개념 및 정의의 문제점과 개선안)

  • Eom, Seok-Ki
    • Journal of Korean Medical classics
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    • v.27 no.4
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    • pp.181-198
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    • 2014
  • Objectives : This study was to analyze definitions of herbal medicinal preparations, crude drug preparations, and new drugs from natural products in the relevant laws and regulations, understand the related problems, and propose directions for improvement. Methods : I analyzed the legal definitions in respect of herbal medicinal preparations, crude drug preparations, and new drugs from natural products in relevant laws and regulations since 1945, explained the problems, and suggested the solution-considering the academic stance of Traditional Korean Medicine and the dualistic medical and pharmaceutical system. Results : Regarding the current laws and regulations that are relevant to herbal medicinal preparations, we should 1) clarify the boundaries between the duty of physicians and that of pharmacists, 2) limit the principles of Korean Medicine as well as the contents of the related textbooks, 3) find a way to protect the intellectual property rights for herbal medicinal preparations, and 4) establish a separate standard for drug classification regarding herbal medicinal preparations. In case of crude drug preparations, we should 1) clarify the meaning and limitations of the phrase, "the point of view of Western medicine," and 2) establish a classification standard for drugs that are used in Korean Medicine and clarify the boundaries between herbal drug preparations and crude drug preparations. Furthermore, laws and regulations apropos of new drugs from natural products do not actually fit the concept of "new drug," and due to subordinate laws, a supplement to a new drug submission is contradictorily misclassified as a new drug from natural products. Conclusions : The problems of legal definitions of herbal medicinal preparations, crude drug preparations, and new drugs from natural products have emerged in the process of giving approval to drugs that are made of herbs and natural products under the dualistic medical and pharmaceutical System. Laws and regulations that differentiate the process of approving herbs that are used in Korean Medicine and the others should be established.