• Asian Journal of Innovation and Policy
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• 제7권1호
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• pp.190-206
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• 2018

This article focuses on the legal systems and practice of intellectual property protection in Japan and China, including the relating civil litigation and administrative litigation procedures. The challenge of balancing the relationship between an invalidation trial and an invalid defense during the process of civil patent infringement litigation is a common issue to be solved in both Japan and China. In addition, it is quite usual that the IP products are being imported and exported across the borders due to the expansion of international trade. Accordingly, one of the most symbolic and difficult issues is how to balance the development of international trade and IP protection in each country. In other words, there is a practical issue regarding whether a parallel import of patented products is acceptable to a country or not. The key to determining this issue depends on the judgment of international exhaustion.

• 간호행정학회지
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• 제5권1호
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• pp.113-136
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• 1999

There are some new trends in judgments concerning medical malpractice. which include emphasis on medical professionals' explanation duty in order to materialize patient's rights of self-determination. Now, patient is not a mere subject of medical and nursing care any more, but a subject, participating in medical practice on equal terms with medical professionals. Legal accountability is no limited to nurses in advanced practice: it is a recognized fact of life for every practicing nurse. whether she is an RN employed as a staff nurse in a hospital, a Certified Nurse-Midwife in independent practice or a patient's home. Therefore, it is essential for nurses to be as familiar as possible with the legal guidelines that govern their patient care responsibilities. However there are only a few studies focused on nursing negligence. To define nurse's civil liability in medical malpractice, it is necessary to indentify both legal nursing behaviors and nurse's due care in those nursing behaviors. So this paper focused on nurse's due care, especially in nursing malpractice. To clarify nurses' due care. chapter II has focused on nursing behavior and the scope of nursing practice based on the medical law and health care related study results. Chapter III deals with the content and scope of nurse's due care. Generally. negligence is defined as not doing something which a resonable person. guided by those ordinary considerations which or dinarily regulate human affairs. would do. or doing something which a resonable and prudent man would not do. Next. it describes how we can set the standard of due care in nursing practice. There is objective factors and subjective factors. And we also discuss about the limitation of due care in nursing practice. Finally. chapter IV deals with the case studies related to nursing negligence in the situation of determination. Now', patient is not a mere subject of medical and nursing care any more, but a subject participating in medical practice on equal terms with medical professionals. Legal accountability is not limited to nurses in advanced practice; it is a recognized fact of life for every practicing nurse. whether she is an RN employed as a staff nurse in a hospital. a Certified Nurse-Midwife in independent practice or a patient's home. Therefore, it is essential for nurses to be as familiar as possible with the legal guidelines that govern their patient care responsibilities. However. there are only a few studies focused on nursing negligence. To define nurse's civil liability in medical malpractice, it is necessary to identify both legal nursing behaviors and nurse's due care in those nursing behaviors. So this paper focused on nurse's intravenous injection. post operation nursing care. blood transfusion. and patient nursing care. The result of this paper is as follows. First. there are several cases dealing with nurse's negligence in nursing practice. however, those cases didn't judge nurse's due care based on individual -specific standard but general-objective standard. Second, there is a tendency to put an emphasis on the principal of belief to distinguish who has the liability in the case of medical malpractice among medical care team. So nurses shoud practice nursing care more actively to protect themselves and patients because there is an effort to form professional nurse system and the scope of nursing practice will be deeper and broader. Third, standard of care is a necessary element in establishing negligence. If a nurse is able to meet the standard of care, no breach will be found.

• 호남수학학술지
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• 제44권4호
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• pp.572-593
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• 2022

Crime committed by civilians and criminals using legal and illegal firearms and conversion of legal firearms into illegal ones has become a common practice around the world. As a result, policies to control civilian gun ownership have been debated in several countries. The issue arose because the linkages between firearm-related mortality, weapon accessibility, and violent crime data can imply diverse options for addressing criminality. In this paper, we have projected a mathematical model in terms of the Caputo fractional derivative to address the issues viz. input of legal guns, crime committed by legal and illegal guns, and strict government policies to monitor the license of legal guns, strict action against violent crime. The boundedness, existence and uniqueness of solutions and the stability of points of equilibrium are examined. It is observed that violent crime increases with the increase of crime committed by illegal guns, crime committed by legal guns and, decreases with the increase of legal guns, the deterrent effect of civilian gun ownership, and action of law against crime. Further, legal guns increase with the increase of the limitation of trade of illegal guns and decrease with the increase of conversion of legal guns into illegal guns and increase of the growth rate of illegal guns. Again, as crime is committed by legal guns also, the policy of illegal gun control does not assure a crime-free society. Weak gun control can lead to a society with less crime. Theoretical aspects are numerically verified in the present work.

• 한국산학기술학회논문지
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• 제13권12호
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• pp.5968-5975
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• 2012

본 연구의 목적은 임상 응급구조사 특성과 업무범위 간의 상관관계를 밝히는데 있다. 2012년 4월 9일부터 5월 12일까지 181명의 1급응급구조사가 성별, 학력, 경력, 실행업무, 의료지도 등의 조사내용에 무기명으로 답변한 자료를 대상으로 1종오류를 범할 확률 ${\alpha}$=0.05 수준에서 양측 검정으로 상관관계 등을 분석하였다. 실행하고 있거나 필요하다고 보는 업무는 32가지로 구분되었으며 응급환자를 위한 처치로 의료인이 행하는 침습적인 처치가 주를 이루었다. 1급응급구조사 업무범위에 대한 수행능력이 우수하다고 판단하면 법에 따른 업무, 실행하고 있는 업무, 필요한 업무에서 통계적으로 유의하게 업무범위가 확대되는 것으로 나타났다. 경력이 늘면 법에 따른 업무, 필요한 업무에서 통계적으로 유의하게 업무범위가 확대되는 것으로 나타났다. 그렇지만 전반적으로 상관계수는 0.238이하로 낮았다. 능력과 경력에 따라서, 1급응급구조사로 하여금 의사-환자 사이의 매개역할을 원활히 형성하도록 지원해 주는 의료지도체계가 빨리 확립되어 의료서비스의 질을 높이고 효율성을 기해야 하며, 1급응급구조사가 지도의사의 교육, 훈련, 지침, 근무규정 등에 의해 업무를 수행하게 하고 처치 활동은 질관리를 하면 처치의 안정성을 높일 수 있을 것으로 보인다.

• 대한예방한의학회지
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• 제21권2호
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• pp.45-53
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• 2017

Background and Aim : Lately the age of competition has come among the medical service area. At the same time disputes over the medical practice related to the medical person's territory tend to increase. In part it is due to the increased medical persons but in part it is because the medical practice is not defined clearly in the Medical Service Act for the practice of each medical person. So the legal definition of medical practice will be discussed here. Materials and Method : The cases from the court have been confirmed the difference between the two medical persons regarding the actual events. Legal aspects of medical practice in Korean medicine and the related cases will be reviewed and analysed. Results : The form of medical practice consists of administrating Korean medicine treatment and providing guidance for health based on Korean medicine. For medical doctors the practice includes medical treatment and guidance for health. Circular definition in the Medical Service Act over the medical practice, medical person and medical instruments makes it difficult to understand the whole idea. Therefore, the court has a tendency to decide the medical practice of medical doctor of Korean medicine from the some reliable points which is: 1) it is based on the principle of traditional Korean Medicine, 2) it is practiced by the medical doctor of Korean Medicine, 3) it can do harm to the patient without proper involvement of the medical doctor of Korean Medicine. Now the Act on the promotion of Korean Medicine and Pharmaceuticals makes it include the concept of "scientifically applied and developed" medical practice of Korean Medicine. Conclusions : With the essential change in the Act on the promotion of Korean Medicine and Pharmaceuticals, it is expected that even slight change can be seen in the court cases. However, still the concept of medical practice in the Medical Service Act remains the same. Modernisation of Korean Medicine, enhancement of textbooks and clinical practice training and the effort to amend the law to clearly define the medical practice of Korean Medicine will contribute to the clinical and academic environment. Evidence based Korean Medicine and even the unification of east-west medicine could be considered for the situation.

• 대한통합의학회지
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• 제12권3호
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• pp.93-100
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• 2024

Purpose : This study aims to review the physical therapy training programs in the United States, Canada, Taiwan, and Japan, and propose standardization plan for clinical practice in physical therapy education to advance the development of physical therapy education in South Korea. Methods : This study investigates the clinical practice standards in advanced countries such as the United States and Canada, and refers to the clinical practice standards in Taiwan and Japan, which are members of the association of world phyisotherapy and have economic, cultural, educational, and healthcare delivery systems, as well as legal systems, similar to those of South Korea. Results : In the United States, physical therapy education programs allocate an average of 22 weeks and 880 hours for clinical practice. Foreign-trained physical therapists who wish to take the licensure exam in the United States must have their educational programs reviewed and recognized as having completed at least 1,000 hours of clinical practice. In Canada, physical therapy education programs allocate an average of 31 weeks and 1,240 hours for clinical practice. Taiwan allocates over 1,440 hours of clinical practice in its educational programs, while Japan requires 800 hours of clinical practice as a legal prerequisite for the licensure exam. Conclusion : Based on the results of this study, the following standardization plan for clinical practice of the physical therapy education in South Korea are proposed. First, a minimum of 16 weeks and 640 hours of clinical practice is necessary to produce competent physical therapists. Second, university-based basic practical training should be at least 440 hours, with the introduction of a standardized accreditation system and unification of the four-year academic system. Third, the qualifications of physical therapists who supervise clinical practice in medical institutions should be clearly defined in the curriculum, and the standards for clinical practice instructors need to be expanded.

• 한국비블리아학회지
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• 제8권1호
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• pp.117-134
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• 1997

This study proves that the quoted legal text functions as the index which represents the contents of the text because of the characteristics of legal information, the automatic indexing in the secondary legal full-text databases can be possible without the assitance of the experts. In case of the establishment, amendment or repealing of law, change of words of index can be possible through revising the legal text quoted in the secondary legal full-text databases. Even when we dont input the full-text about retrospective documents, automatic indexing is also possible, and the establihment and the practice of expert knowledge and integrated databases are possible in case of the retrospective documents. This study indicates that it is necessary to have characteristic information the information experts recognize - that is to say, experimental and inherent knowledge only human being can have - built-in into the system rather than to approach the information system by the linguistic, statistic or structuralistic way, and it can be more essential and intelligent information system.

• Journal of Acupuncture Research
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• 제29권4호
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• pp.71-79
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• 2012

Objectives : The purpose of this study is to set the explanatory duty on traditional Korean medical(TKM) treatment by analyzing the judicial precedents. Methods : The study was performed by analyzing nine cases of lawsuits related to Korean medicine doctor and explanatory duty among the medical dispute cases in Korea from 1968 through 2012. Results : Nine closed claims occurred regarding the violation of explanatory duties in the field of TKM practice. Two claims were decided by supreme court, three were decided by high court, and four were decided by district court. The causes of lawsuits were categorized as follows : bee venom pharmacopuncture, herb treatment, and an explanation for safety. Conclusions : To perform an explanatory duty has important legal implications for the protection of patients' rights and Korean Medicine doctors' autonomy on TKM treatment.

• 시큐리티연구
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• 제54호
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• pp.203-222
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• 2018

공공질서 관리는 형사 사법 제도에서 중요한 부분 중 하나이다. 본 연구는 법적 틀과 정책에 기반하여 영국 잉글랜드와 웨일즈의 형사 사법 기관들의 공공질서 관리 관련 법집행 형태를 평가하고자 한다. 질적 인터뷰를 통해, 다음의 4가지 주제를 발견하였다. (1) 집회시위권에 대한 강조, (2) 공공질서 관리에 대한 경찰 법집행 형태, (3) 경찰/검찰의 협업, 그리고 (4) 비디오 증거의 가치. 이러한 결과를 토대로 몇 가지 법적, 정책 및 법집행 관련 함의가 도출되었다. 이러한 함의는 경찰과 검찰의 협력뿐만 아니라 경찰의 전략적, 운영적, 전술적 개입에 관한 다양한 측면을 포함하고 있다. 잉글랜드와 웨일즈의 형사 사법 제도의 맥락은 한국과 다르지만, 일부 법집행 형태와 우수한 점은 한국적 맥락에서도 고려될 수 있을 것이다. 본 연구는 형사 사법 정부 기관간에 법률, 정책 및 법집행이 전체론적으로 조정되고 접근될 수 있다면 더 많은 효과를 얻을 수 있다고 제안한다.

• International Journal of Computer Science & Network Security
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• 제22권11호
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• pp.177-183
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• 2022

Thanks to the informatization of society, complex and high-tech devices are being introduced in all areas of human life, and the latest technologies are being actively improved in the modern, globalizing world. The article deals with the issues of using information and communication technologies in legal activities. It also covers the main types of such activities: law-making, law enforcement, and interpretive activity. Since there is an increase in the flow and accumulation of legal information, it is practically impossible to use traditional methods of working with legal information. The article considers and analyzes the role of information and communication technologies in modern legal activity. It is necessary to reveal the principles, concepts, conditions, and factors of their development and develop theoretical and practical recommendations for the use of such technologies in order to solve legal tasks. The authors of the article raise the issues of increasing the efficiency of legal activity, as well as the integration of information technologies into practical legal activity and their use for collecting, storing, searching, and issuing legal and reference information. Much attention is paid to the specific use of automated data banks and information retrieval systems in legal practice that ensure the accumulation, systematization, and effective search for legally important information. The development of such technologies leads to the creation of comfortable conditions for a lawyer in the course of their professional activity. Currently, legal activity cannot exist without telecommunication technologies, legal reference systems, and electronic programs. The authors believe that due to the use of the latest information technologies, the time for making legal decisions has significantly accelerated, the process of searching and systematizing evidence has been worked out, and it has become possible to quickly and efficiently find information on adopted laws and legal acts.