• Title/Summary/Keyword: National Conflict

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Civil Law Study on the Arbitrary Uninsured Medical Benefits (임의비급여 진료행위에 관한 민사법적 검토)

  • Bae, Byungil
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.75-103
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    • 2017
  • There are three types of benefits in the National Health Insurance Act of Korea. Those are the treatment benefit, statutory uninsured medical benefits and arbitrary uninsured medical benefits. Recently the Korea Supreme Court changed its past legal theory and permitted the arbitrary uninsured medical benefits under the strictly exceptional conditions. According to the Supreme Court's decision, the existence of procedural difficulty, the medical necessity and the patient's consent are necessarily required in order to allow the legal exceptions in arbitrary uninsured medical benefits. Among the three requirements, the doctor's explanation and the patient's fully informed consent are the most important essentials in this legal conflict. The requirement concerning the doctor's explanation and the patient's consent roles like a hole in the ice as a breathing hole in the arbitrary uninsured medical benefits. The most cases dismissed after Supreme Court Decision 2010DU27639, 27646 Decided June 18, 2012. were due to the defect of three requirements.

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A Study on the Objective Opinion of Private Investigation Service (민간조사제도 도입 반대 의견에 대한 고찰)

  • Jeng, Il-Seok;Park, Jun-Seok;Suh, Sang-Yul
    • Korean Security Journal
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    • no.14
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    • pp.465-484
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    • 2007
  • Our society's modernization created many opportunities for us to need a private investigation service system. Variation of international environment due to joining in the OECD, opportunity of individual legal, collect evidence during judgement, prevention of damage criminal, security of business in company, free trade economy's system etc and don't need to enumerate how important of introduction of private investigation service system. In addition to there are lots of objection opinions, such as possibility of person's private life, invade of lawyer's area, confliction with investigation team, gap of wealth and poverty that make preponderance of information. So this research can be considerate from objective opinion, and can obtain conclusion just like below. First, private detective agencies that encroach on the individual rights will naturally deteriorate after the implementation of private investigation service system. Through this, the probability of civil rights encroachment will be lower, and for this to happen there needs to be a thorough maintenance of the system. Secondly, mutually beneficial solution should be found not by a conflict between two sides. Detective business sector should not cause social confusion from conflicts with other investigation organization such as police, or investigators, rather, it must get on the demand of the diversified citizen and maintain the diverse sector inter-cooperate right, and to do that law and institution must be made for the base. Thirdly, investigation used depending on the gap between wealth and poverty does not mean the actualization of the rights and interests of the citizen. If the duty of investigation sector is to find the evidence and collect or manufacture of the evidence, then the problems which the nation can't handle will be more enlarged and then finally end up with strengthening the capability of national public security demand.

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Policy Network Analysis on the Legislation Process of Internet Contents Regulation (인터넷내용규제 입법과정에 관한 정책네트워크 분석)

  • Song Sung-Soo;Kwon Gi-Chang
    • Journal of Science and Technology Studies
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    • v.4 no.1 s.7
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    • pp.83-110
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    • 2004
  • This article examines the legislation process of internet contents regulation through three phases from a policy network point of view. In the first phase, heated debates were initiated during the public hearings after the Ministry of Information & Communications announced its plan to introduce the internet contents grading system During the second phase, bills were submitted to the Standing Committee of the National Assembly, where the bills were deliberated, passed, and promulgated. In the third phase, issues on enforcement ordinance were resolved as the degree of conflict was mitigated. Policy network during the first phase started in a conflicting and distributed form, but has evolved into a conflicting and centralized form. The appropriate closure of the debate on the internet contents regulation can be explained by the structure of governmental departments, the character of new technology, and the mobilization of general public.

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The Role of ADR in the Resolution of the Copyright Disputes (ADR을 통한 저작권분쟁 해결에 관한 검토)

  • Kim, Sun-Jeong
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.85-112
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    • 2011
  • These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

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A Study on Kitchen Knives Used in the Homicide Crimes (최근 살인 사건의 살해도구에 관한 연구 - 칼을 중심으로 -)

  • Jeong, Suk-Joon;Chae, Jong-Min
    • Journal of forensic and investigative science
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    • v.1 no.2
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    • pp.31-43
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    • 2006
  • I searched the recent murder cases for other criminal methods of homicides the monthly statistics of the local police agencies of the whole country, I found that there are many criminal cases where knives were used. Based on this finding, I decided to conduct my survey about kitchen knives. The statistics indicated more than five hundread male and female adults were reported to have committed murders. Of the 500 people, 21 used a kitchen knife to commit murder. This study showed that when people have a conflict, the kitchen knife is as a tool that can be easily changed into a weapon. If the points of the knife is round, more homicides could be avoided. If regulations were established, as we have with dagger when producing, selling or purchasing, I would assume that the number of the crimes with knives will be remarkably diminished. It is our responsibility to create a bill concerning regulatory standards in understanding the dangers of kitchen knives. We must immediately participate in active publicity campaigns.

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Korea-Related Discourse Analysis of High-School Geography Textbooks in Japan (일본 고등학교 지리교과서에 나타난 한국 관련 담론 분석)

  • Cho, Chul-Ki
    • Journal of the Korean Geographical Society
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    • v.43 no.4
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    • pp.655-679
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    • 2008
  • This study is to analyze the base of selection and feature of description on Korea-related content in Japanese curriculum(geography and history) and high-school geography textbooks. Japanese curriculum requires that there are two or three neighbor countries to be selected and their contents consist of life and culture and have to compare with those of japan in view of understanding and respect on similarity and difference. The content of physical environment is only dealt as factors influencing on life and culture because regional teaming of neighbor countries focus on it. Dok-do is described with conflict region in most of textbooks. But some textbooks describe Dok-do with territory of Shimane-Hyun in Japan or devide like japanese territory on the map. There are described han-gul(Korean language), confucianism, buddhism and christianity, han-bok(Korean clothes), rice and soup, bulgogi(Korean meat dishes) and scissors, spoon and chopsticks, ondol(Korean floor heater), etc. with the cases of specific Korean life and culture. And, exchange between Korea and Japan focuses on more cultural view increasing recently than political and economical view. Then Japanese high-school geography textbooks humanize geography because of they focus on life and culture and promote not only knowledge and understanding but also altruism and empathy because they focus on similarity and difference through comparison between neighbor country and Japan. This shows how to able to practice regional teaming in globalization and multicultural society.

Global Citizenship Education in the Primary Geography Curriculum of the Republic of Korea: Content Analysis Focusing on the Semantic Structure of 2009 Revised School Curriculum (초등지리 교육과정에 반영된 세계시민교육 관련 요소의 구조적 특성에 관한 연구: 2009 개정 교육과정 성취기준에 대한 내용분석을 중심으로)

  • Lee, Dong-Min
    • Journal of the Korean Geographical Society
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    • v.49 no.6
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    • pp.949-969
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    • 2014
  • The purpose of this study is to analyze the share of global citizenship education in the 2009 Revised Social Studies (geography area) School Curriculum of the Republic of Korea. I selected the achievement standards of the geography domain in the fifth and sixth grades as the subjects of analysis. The chosen subjects were examined using content analysis: I used KrKwic, a Korean language content analysis tool, to analyze the content and drew a semantic network of the analysis results using UciNet/NetDraw. I found that the geography domain of the 2009 Revised Primary School Curriculum included the concepts of and factors of global citizenship education. However, global citizenship education did not account for a major portion of the curriculum, and the curriculum achievement standards were noticeably nation-state centered. Global citizenship education factors were not closely associated with to other related factors in fact, they even revealed a isolated pattern. These findings suggest that the inclusion of global citizenship education in primary geography education is limited, because the connections between global citizenship education and related contents, such as the environment, sustainable development, conflict, and cooperation, are probably impeded. Globalization accompanies the transformation of territories, identities, and the relations between nation-states and the world, although nation-states continue to play a significant role in the globalized worlds. Therefore global citizenship education, a educational trend focusing on the global community, is particularly important and is required in the geography curriculum of the global era. I expect that the examination undertaken in this study to contribute to future curriculum revisions regarding globalizatin and global citizenship.

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Analyses of Subject Competencies of the Units Related to Core Concept 'Relation' in Middle School Technology-Home Economics Textbooks based on 2015 Revised Curriculum (2015 개정 교육과정 중학교 기술·가정 교과서의 핵심개념 '관계' 단원에 구현된 교과역량 분석)

  • Kim, Soo Min;Yu, Nan Sook
    • Journal of Korean Home Economics Education Association
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    • v.31 no.2
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    • pp.1-18
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    • 2019
  • The purposes of this study were to develop analysis criteria and analyze the two subject competencies of units dealing with the core concept 'Relation' of the middle school Technology-Home Economics textbook in accordance with the 2015 revised curriculum: 'practical-problem-solving-ability' and 'relationship ability'. The subject of analysis of the current study was the activity assignment of Chapter 1 related to the core concept 'Relation', from the twelve middle school 'Technology-Home Economics II' textbooks. The results of this study were as follows: First, some textbooks showed differences in highlighting or downplaying the components of certain subject competencies. The analysis results for 'practical-problem-solving-ability' in textbook A, E, and G were shown in the high frequency, while in textbook D in the lowest frequency. The analysis results for 'relationship ability' in textbook K and A were shown in the high frequency, while in textbook J in the lowest frequency. Second, Value Judgement was the most frequent component of 'practical-problem-solving-ability' followed by Logical Thinking, Practical Reasoning, and Decision-Making. Family Relation and Sense of Community was the component of 'relationship ability' most frequently dealt with followed by Communication, Conflict Management, and Respecting Others, however Environmental and Ecological Awareness was not shown at all. The two subject competencies were mostly reflected in the Technology-Home Economics textbooks from all the twelve publishers.

The Post Occupancy Evaluation of the Universal Design Project on Geonjisan Forest Trail Jeonju City, South Korea (전주시 건지산 숲길 Universal Design 사업 이용후 평가)

  • Park, Sun-A;Lee, Myung-Woo
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.6
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    • pp.60-69
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    • 2012
  • The project on Geonjisan Universal Design Forest Trail in Jeonju City was designed and constructed by an NGO called 'Jeonbuk Forest for Life' which was a winner for the '2008 Open Competition by the 'Committee for Greening Society' established in Korea Land Corporation. The purpose of this study is to evaluate the design satisfaction of UD forest trail. Post Occupancy Evaluation (POE) method was applied to measure the user satisfaction and the total number of users. The main result of the study were as follows: the major users of the Geonjisan UD forest trail were people aged over 60 years old(37%) and the main purpose of trail usage were to 'walk and rest'(51.5%) and to 'exercise and rehabilitation' (40.6%). Furthermore, the overall user rating for the UD forest trail design was "satisfied"(3.91 point in 5-point Likert Scale). The three most influencing factors of the overall user satisfaction were facility management, user conflict, and trail width and slope. About forty-five people were found to be End-user in the UD forest trail while six people were found as End-user in non-UD trails. Most importantly, the number of End-user observed on the UD forest trail was greater than the number found in non-UD forest trail. The result implies that the UD forest trail attracts more End-users and provides opportunity for gathering and interaction with the other users. Moreover, the satisfaction rate for the UD forest trail landscape is found to be high in Likert scale, which we can assume that the well-grown existing trees and topographic features as well as appropriately designed wood-paths influence the high satisfaction rate of the users. The POE of UD forest trail revealed the importance of universal design concept due to its convenient uses of the handicapped, old, weak, pregnant woman or children.

A Study on the Sensitivity of Conversion Factor According to Change of Base Year (기준연도 조정에 따른 환산지수 민감도 분석 연구)

  • O, Dongil
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.4
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    • pp.201-209
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    • 2020
  • In this study, issues related to changes in base year, which have controversial effects on fees in service contracts, were reviewed. In this regard, sensitivity analysis was conducted on the effects of changes in base year on conversion factor by type. The benefits and disadvantages of each specific type of medical institution were examined. Main conclusions are as follows. First, changing the base year to be closer to the present time had a beneficial effect on the conversion factor of hospitals. Second, changing the base year to be closer to the current point of time had an adverse effect on the conversion factor of pharmacies and clinics and had a significant adverse effect on clinics. Third, assuming that a single conversion factor is collectively applied to all types, a favorable effect occurred in all cases when the base year was changed to be closer to the present time. Base year changes can bring about conflicts of interest between insurer and providers, and within providers. Therefore, changing the base year should be pursued upon mutual agreement on a reasonable basis for resource allocation. In addition, it is necessary to provide incentives for temporary compensation for the types of losses incurred.