• Title/Summary/Keyword: Legal practice

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Features of Administrative Liability for Offenses in the Informational Sphere

  • Iasechko, Svitlana;Kuryliuk, Yurii;Nikiforenko, Volodymyr;Mota, Andrii;Demchyk, Nadiia;Berizko, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.21 no.8
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    • pp.51-54
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    • 2021
  • The article is devoted to the study of the features of administrative liability for offenses in the informational sphere, the definition of the concept and features. Based on the examples of implementation of instruments of European legislation into the national legal system and examples of national legal practice, the authors have identified the features of informational and legal sanctions aimed at restricting the rights of access of subjects to information, prohibiting them to disseminate certain information, restricting the rights to disseminate certain information, and suspending informational activities. It has been substantiated that the administrative liability for informational offenses as a protective legal institution is created to contribute to the solution of such acute problems of legal support of human and society interests in the new informational dimensions.

Legal Review of Similar Medical Practice (유사의료행위에 관한 법적 검토)

  • Kim, Han-Nah;Kim, Kye-Hyun
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.427-453
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    • 2009
  • This study aims to review legal problems of similar medical practice and suggest methods of improvement. Similar medical practice refers to all medical practices conducted in the state that human qualification is not fulfilled. It may cause serious damages on health and lives of national people. Currently, similar medical practices are recognized as unlicensed medical practices and prohibited based on the Medical law and additionally punished by then special law in Korea. However, the current Medical Law does not provide clear and accurate concept of medical practices so that it is difficult to regulate similar medical practices. The issue of complementary and alternative therapy related to similar medical practices is also in special state different from other countries. In addition, since similar medical practices lack of evidences in terms of safety, the dangerousness of accidents is high and it may affect badly on health of national people and health care policies. Methods of improvement in order to resolve problems regarding similar medical practices are: first, concept and scope of medical practice should be clear, accurate and concrete. Second, complementary and alternative therapies related to similar medical practices need to be strictly examined and the supervisory right should be given to doctors should be given even though a part of it is allowed. Third, research institutes specialized in the field should be established for scientific examination of complementary and alternative therapy and objective research results should be open to the public. Finally, since damage cases caused by similar medical practices by non-medical personnel, national management and supervision for similar medical practices should be reinforced.

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Dental hygiene students' awareness of their legal scope and petition for medical personnel (치과위생사의 법적업무범위와 의료인화에 대한 치위생학 전공 학생들의 인식)

  • Kim, Myoung-Hee;Lim, Youn-Hee;Lee, Kyung Ae;Kim, Su Jin;Kim, Yun Ji
    • Journal of Korean Academy of Dental Administration
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    • v.6 no.1
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    • pp.36-42
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    • 2018
  • This study aimed to assess dental hygiene students' and other medical personnel's knowledge of dental hygienists' legal responsibilities. A self-reported questionnaire was conducted for 2 weeks from March 25 to April 9, 2017. One of the main questions focused on the legal scope of practice for dental hygienists according to current medical technicians. A total of 298 subjects' responses were analyzed. We found that 62.1% of the respondents were aware of dental hygienists' legal responsibilities. Of the dental hygiene students surveyed, 93.6% replied that they were aware of other medical personnel's expectations. Responses to 12 legal questions were shown to have different distributions depending upon the level of dental hygienist education. Overall, knowledge of dental hygienist legal responsibilities was more comprehensive for senior students in each legal topic. However, few students (1.7%) answered all 12 legal questions correctly. In conclusion, dental hygiene students' awareness of their profession's legal scope should be improved. In addition, the Korean Dental Hygienists Association needs to more actively promote understanding of the profession's legal scope as well as of medical personnel's expectations of dental hygienists' legal roles.

A Study on Civil and Criminal Liabilities of 119 Rescue and Its Legal Protection (공무원인 119구급대원의 직무수행과 관련하여 발생할 수 있는 민$\cdot$형사상 책임과 그에 따른 법적 보호를 위한 대책에 관한 연구)

  • Bae Hyun-A;Yun Soon-Young;Jung Koo-Young;Lee Kyung-Whan;Kim Chan-Woong
    • Fire Science and Engineering
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    • v.19 no.2 s.58
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    • pp.45-62
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    • 2005
  • This thesis has defined the legal status of 119 rescue who plays a major role in the Korean prehospital emergency medical system and reviewed the various issues that may occur depending on work related legal liabilities. As a result, the purpose of this study was to represent the countermeasures for legal protection of 119 rescue required for the quality improvement of prehospital emergency medical system and as well as the countermeasures for risk management prepared for its related lawsuits. The legal liabilities of 119 rescue officers can be divided largely into public law liabilities and civil and criminal liabilities. In order to decrease the incidences of legal problems and provide the legal protection to rescue officers, the liability of supervising physician should be emphasized when the emergency medical practice is performed by a rescue officer under their supervision by consolidating medical control and the rescue officer should have legal liability on his emergency medical practice. itself Also, the emergency medical service guideline for 119 rescue officers should be prepared and their works should be performed according to such a guideline and procedures. In addition, the accurate legal documentation on emergency medical system from on-site to ER and related mobilization should be framed and preserved. Moreover, it is required to enact a new law such as the Good Samaritan Act or the Rescue Officers Protection Act.

Legal Regulation Of Digital Rights In Ukraine

  • Bilenko, Marianna;Ilchenko, Hanna;Herych, Anatolii;Solodka, Olena;Podolyak, Svitlana
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.59-62
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    • 2022
  • In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.

Normative Legal Aspects of Information Support for the Provision of Administrative Services in the Field of Public Administration

  • Radanovych, Nataliia;Kaplenko, Halyna;Burak, Volodymyr;Hirnyk, Oksana;Havryliuk, Yuliia
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.244-250
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    • 2022
  • Reforming social relations requires changing the system of relations between state executive bodies, institutions subordinate to them and a citizen, which is characteristic for most of the country, in which the latter is a petitioner even if his indisputable rights and legitimate interests are satisfied. One of the most important areas of public administration reform is the formation and development of a system of administrative services and appropriate information support. The result of the implementation of this direction should be the creation of such a legal framework and its real implementation in administrative and legal practice, in which consumers of administrative services will have broad rights and powers and will not be passive subjects manipulated by civil servants.Thus, the main task of the study is to analyze the normative legal aspects of information support for the provision of administrative services in the field of public administration. As a result of the study, the main aspects of normative legal aspects of information support for the provision of administrative services in the field of public administration were investigated.

Current issues on a standard for surrogate pregnancy procedures

  • Ha, Jung-Ok
    • Clinical and Experimental Reproductive Medicine
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    • v.39 no.4
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    • pp.138-143
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    • 2012
  • While Korea does not have any legal statement on surrogacy, treatments are carried out in practice. As a result, every Institutional Review Board (IRB) of each fertility clinic faces an ethical predicament in reviewing each case. There is a need to arrange the institutions' own standards of surrogate pregnancy procedures before the establishment of national or professional regulation. This article examines the legal, social, and medical issues of surrogacy to help IRBs to judge their cases.

Retrieval of Legal Information Through Discovery Layers: A Case Study Related to Indian Law Libraries

  • Kushwah, Shivpal Singh;Singh, Ritu
    • Journal of Information Science Theory and Practice
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    • v.4 no.3
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    • pp.71-83
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    • 2016
  • Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM), and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.

A Study on the Legal Issue of the Application of Navigation Rule for a Collision between Sea-going Vessels and Vessels at Anchor -Focused on Central Maritime Safety Tribunal Decision 2015.1.23. Case No 2015-001- (정박선과 항해선의 충돌사고 시 항법적용에 관한 쟁점 연구 - 중앙해양안전심판원 제2015-001호 재결 사례를 중심으로 -)

  • PARK, Sung-Ho;HONG, Sung-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.28 no.6
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    • pp.1761-1771
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    • 2016
  • In respect of the existing relation between Sea-going Vessels and Vessels at anchor, Korean Maritime Safety Tribunal has applied 'Ordinary Practice of Seamen' that is regulated by the article No. 2 of COLREG. That is, general navigation rule is not applied between the two vessels, and the action to avoid collision of vessels by utilizing experience knowledge of the seamen. However, the content of the Ordinary Practice of Seamen included in the revised plan in the process of 2011 "Maritime affairs Safety Act" revision was deleted in the screening of the Office of Legislation due to the reason that it could not specified when the content of deed is not concertized. Furthermore, prior application regulation of international treaty included in the existing "Sea Traffic Safety Act"(Article 5) was deleted in the screening of the National Assembly. So, doubt about whether the Ordinary Practice of Seamen could be continuously applied according to the regulation of the international treaty, nevertheless not specified in domestic law, has been continuously raised. In this situation, recently Central Maritime Safety Tribunal changed precedent by applying of Article 96(3) of Maritime Safety Act without applying Ordinary Practice of Seamen in the Case No. 2015-001. Accordingly, this study intended to review propriety of precedent change and legal issue with the decision of Central Maritime Safety Tribunal excluding Ordinary Practice of Seamen for a collision between Sea-going Vessels and Vessels at anchor.