• Title/Summary/Keyword: Protection Law

Search Result 972, Processing Time 0.032 seconds

A Legislative consideration on protection and regulation of Assembly and Demonstration at sea (해상 집회 및 시위의 보호와 규율을 위한 입법정책적 고찰)

  • Soon, Gil-Tae
    • Journal of the Korean Society of Marine Environment & Safety
    • /
    • v.21 no.5
    • /
    • pp.524-530
    • /
    • 2015
  • In this study, I present solutions to properly regulate assembly and demonstration at sea which has not been relatively secured and regulated compared to that of on land and inland waters so it may not violate public safety and order, and at the same time to secure it as a basic human right. Firstly, to protect and regulate in the same way with assembly and demonstration on land, I suggest to make amendments to "Law on Assembly and Demonstration" so that Korea Coast Guard Station can accept applications and administrator maritime assembly and demonstration. Secondly, in special cases where there are difficulties in the application of "Law on Assembly and Demonstration" due to the special maritime environment, following the example of Japan, America and England who have regulations in related special laws, I suggest an legislative alternative to add regulations on maritime assembly and demonstration in "Law on Maritime Guard" so that we can administer maritime assembly and demonstration in a way which there should be no conflict between basic human right of people and conservation of public safety.

The Ideologies and the Systems of the Healthy Family Act (건강가정기본법의 이념과 체계)

  • 조희금;박미석
    • Journal of Families and Better Life
    • /
    • v.22 no.5
    • /
    • pp.331-344
    • /
    • 2004
  • Korean society recently realized the needs for a system that may effectively prevent and/or resolve different family problems caused by the rapidly changing modem society. In order to carry out this objectives. The Healthy Family Act has been legislated and is to be enforced from the 1st of January, 2005. Legislating the law is a means to establish an administrative and institutional structure that may bring in the total welfare system centered around family, so as to promote healthy families in our society. This is also a land marking event that has shifted the paradigm from the welfare system focusing on individual protection to the total welfare system based upon family units. Hence, this study is to examine the specific concepts of 'healthy family,' which is the goal of The Healthy Family Act, and thus to propose the objectives of the law by analysing the institutional system of it. The Healthy Family Act, which consists of major 37 items of 5 chapters with supplementary provisions, aims at the five ideals as follows. The first is to promote the healthy family which is the basis of individual welfare and well-to-do society. The second is to emphasize the importance of family and to provide total service system for family unit. The third is to establish the family value which supports gender-equality and democracy. The fourth is to reinforce the governmental support for independence and cooperation of family. And the fifth is to promote the in-advance and precautionary support for family problems. The law also includes administrative methods for Strong Families Center, different projects and programs for promoting healthy families, roles of Healthy Family Specialist and means to cultivating them, and the policies to specifically carry out the ideas of the law. It is now important to recognize that the development of nation is based on the healthy families and to put much effort in carrying out the ideas and goals of The Healthy Family Act.

A Study on the Roles and Characteristics of Record Center(Jaryokwan) in Korea (한국 자료관 제도의 역할과 특징에 관한 연구)

  • Bang, Hyo-Soon
    • Journal of the Korean Society for Library and Information Science
    • /
    • v.37 no.2
    • /
    • pp.187-205
    • /
    • 2003
  • The purpose of this study is to seek the characteristics of Jaryokwan m Korea and suggest the direction of the development for the future, through the analysis of the work process for Record Center(Jaryokwan) regulated in the Law of Records and Archives Management(the Law). According tn the Law, Jaryokwan is supposed to cover the areas of the management of semi-current records, government publications, books, and other records. The analysis of the Law shows that Korean Jaryokwan has the characteristics of divisional management of the semi-current records of governments, pursuing the integrated records and archives management systems, tightening the control function from the current-records stage, emphasizing the protection of evidences and security, contribution to the decentralizing storage of archives and simplifying the access to semi-current records for promoting it's usage. For the future development of Jaryokwan in Korea, this study suggests the imminent needs of the development of ideal model for Korean Jaryokwan, the legal enforcement of posting an Archivist the more detailed regulation, procedures and methods of work, the close collaboration with Library and Information Science, the pursuit of developing as a regional information center, increasing the flexibility of establishing Jaryokwan.

A Study on Laws Related to Anonymization of Medical Image Information in PACS (PACS에서 의료영상정보의 익명처리와 관련된 법의 연구)

  • Kweon, Dae Cheol
    • Journal of the Korean Society of Radiology
    • /
    • v.16 no.5
    • /
    • pp.627-637
    • /
    • 2022
  • The purpose of this study is to comply with the operation and management of medical image information in PACS, the necessity of anonymizing the patient's personal information and the management status of the medical image information related to the personal The purpose of this study was to raise, discuss, and suggest the need for unification and coherence of the law by studying the content of the issues related to information related laws. In order to utilize information related to medical image information, it is necessary to unify the "Medical Act" or the "Bioethics Act" for clear legal application and consider the legal system's consistency. Since there is a possibility of conflict due to issues that are not yet established, systematic coherence of the law is required to find the basic common denominator for the utilization and use of medical image information and to harmonize the law. In addition, the necessity of enacting the "Medical Information Protection Act" that can be practically applied and easily practiced by medical personnel and managers in the clinical field so that sensitive matters of medical image information and personal information can be protected and managed in a specific and systematic way.

Fisheries under the BBNJ Agreement (국가관할권 이원 생물다양성 협정상 어업 문제에 관한 검토)

  • Deukhoon Han;Choi Jee-hyun
    • Ocean and Polar Research
    • /
    • v.46 no.3
    • /
    • pp.143-154
    • /
    • 2024
  • The BBNJ Agreement, adopted on June 19, 2023, is considered to be the third implementation agreement of the United Nations Convention on the Law of the Sea after the 1994 Part XI Implementation Agreement and the 1995 High Seas Fisheries Agreement. Of the four themes of the BBNJ Agreement, namely marine genetic resources, area-based management measures, environmental impact assessment, and capacity building and technology transfer, only the part relating to marine genetic resources is explicitly excluded from the scope of the BBNJ Agreement. There are no explicit exclusions in relation to area-based management measures and environmental impact assessments. Therefore, the sections on area-based management instruments and environmental impact assessments may conflict with fisheries issues in other international fisheries instruments during the implementation of the BBNJ Agreement. Although the BBNJ Agreement has a so-called "not-undermine" provision to ensure that it does not conflict with international fisheries instrument represented by the United Nations Convention on the Law of the Sea, the 1995 High Seas Fisheries Agreement, and regional fisheries management organizations, it cannot be ruled out that the BBNJ Agreement may conflict with regional fisheries organizations' area-based management measures and environmental impact assessments. However, the potential for conflicts also implies the potential for developmental outcomes if they are harmoniously interpreted and implemented. First of all, the emergence of the BBNJ Agreement as a comprehensive treaty covering the high seas and the Area provides an opportunity to build an integrated mechanism for international fisheries insturments that were previously fragmented by regions and species. In addition, the BBNJ Agreement can establish a cooperation system with existing regional fisheries management organizations in the process of establishing area-based management measures and environmental impact assessment of cumulative fishing activities. In line with this, regional fisheries organizations may evolve in the future to proactively adopt legal framework changes and environmental protection measures that emerge from the implementation of the BBNJ Agreement.

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
    • /
    • v.19 no.2 s.58
    • /
    • pp.45-62
    • /
    • 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.

A Study on Improving Installation Guideline of Facilities to Protect Groundwater Contamination: Applications of Packer Grouting to Contaminated Wells (지하수오염방지 시설기준의 개선에 관한 연구:지하수오염관정에의 팩커그라우팅 적용사례)

  • Choo, Chang-Oh;Ryu, Jong-Heum;Cho, Heuy Nam;Jeong, Gyo-Cheol
    • The Journal of Engineering Geology
    • /
    • v.23 no.3
    • /
    • pp.293-304
    • /
    • 2013
  • Because the present groundwater law broadly regulates a simple and impractical guideline ignoring aquifer characters and geology, general purpose facilities for protection of groundwater contamination is still considered unsatisfactory to ensure groundwater resources. In recent, there have been growing attempts in the packer development as crucial techniques and devices for groundwater protection. This study investigated the application of packer grouting techniques to contaminated groundwaters of two well sites in the Andong and Yeongi areas, both of which revealed a satisfactory effect with improved water quality: 94% decrease in turbidity at the Andong area and 60% decrease in $NO_3$-N, respectively. Based on aquifer characters including geology, weathering depth, fracture pattern, hydraulic gradient, and the flow path of contaminants, the integrated properties of groundwater contamination should be evaluated and treated with the help of accurate analyses such as bore hole imaging and monitoring data. Packer grouting and casing on well to ensure the useful aquifer free of contaminant are expected to play important role in inhibiting the inflow of contaminants when adequately applied. Therefore it is concluded that these can serve as reliable tools in remediation and protection of contaminated groundwater as well as efficient utilization of groundwater.

Improving Legislation on the use of Healthcare Data for Research Purposes (보건의료 빅데이터의 연구목적 사용에 대한 법제 개선방안)

  • Park, Dae Woong;Jeong, Hyun Hak;Jeong, Myung Jin;Ryoo, Hwa Shin
    • The Korean Society of Law and Medicine
    • /
    • v.17 no.2
    • /
    • pp.315-346
    • /
    • 2016
  • With the development of big data processing technology, the potential value of healthcare big data has attracted much attention. In order to realize these potential values, various research using the healthcare big data are essential. However, the big data regulatory system centered on the Personal Information Protection Act does not take into account the aspect of big data as an economic material and causes many obstacles to utilize it as a research purpose. The regulatory system of healthcare information, centered on the primary purpose of patient treatment, should be improved in a way that is compatible with the development of technology and easy to use for public interest. To this end, it is necessary to examine the trends of overseas legal system reflecting the concerns about the balance of protection and utilization of personal information. Based on the implications of the overseas legal system, we can derive improvement points in the following directions from our legal system. First, a legal system that specializes in healthcare information and encompasses protection and utilization is needed. De-identification, which is an exception to the Privacy Act, should also clearly define its level. It is necessary to establish a legal basis for linking healthcare big data to create synergy effects in research. It is also necessary to examine the introduction of the opt-out system on the basis of the discussion on the foreign debate and social consensus. But most importantly, it is the people's trust in these systems.

  • PDF

Personal Information Protection in Digital Era -Reviewing Personal information protection Act- (디지털시대의 개인정보보호 - 새로운 개인정보보호법을 중심으로)

  • Yoo, Jong-Lak
    • Journal of Digital Convergence
    • /
    • v.9 no.6
    • /
    • pp.81-90
    • /
    • 2011
  • Companies using internet as a kind of marketing means are increasing rapidly according to the expansion trend of e-commerce through internet and consumers also use internet as the common means of purchasing necessary articles. E-commerce using internet has advantages without limitation to temporal and spatial accessibility and general consumers and unspecified individuals also use internet to purchase their goods as well as general transactions such as advertisement, contract, payment and claim settlement. 'In the age of information, invasion of personal information resulted from the development of information and communication technology is one of the greatest problems all the countries in the world face. Therefore, Personal information protection Act is one of basic laws to protect personal information and rights and it is also an essential law in the age of information. In that sense, new Personal information protection Act is the advanced act containing various items to minimize the national damages from the leaking of private information and protect right to informational self-determination in the information society. It is expected that this legislation contributes to reduce the leaking of private information, enhance the level of privacy protection and develop privacy related industries. However, active participation of all members of our society and improvement of their recognition should be preceded for the rational and legal use of private information and the settlement of its protection culture. While the purpose of Personal information protection Act can protect privacy from collection, leaking, misuse and abuse of private information and enhance national interests and protect personal dignity and value, it also must perform the roles of balancing privacy protection with liberal information flow.

Analysis of Precedents Related with Child Abuse to Protect Rights of Children (아동권리보호를 위한 아동학대 관련 판례분석)

  • Park, Yeonju
    • Korean Journal of Social Welfare
    • /
    • v.66 no.2
    • /
    • pp.31-49
    • /
    • 2014
  • The purpose of this study is to analyze precedents related with child abuse for protection of the rights of the child. There should be the law related with 'punishment for child abuse,' which is the grounds of punishment, to make a precedent in the law punishing for 'child abuse,' but there is the concept only for 'child abuse' in the Child Welfare Law, the fundamental law; therefore, for a direct judgment for punishment, only precedents of 'child abuse' related with loss of parental rights and judgements for criminal cases, civil cases and laws covering special cases have been made. For that reason, 'the special law related with punishment for child abuse cases' is desperately required (On last December 23, 2013, the special law related with punishment for child abuse cases passed the National Assembly). Hence, precedent analysis had performed by grouping precedent from 2000 to 2013 which were not judged as child abuse in trial but can be regarded as child abuse. When analyzing each precedent according to the contents of analysis and judgment by fact relevance in this study, problems which the current legislative system has were deducted through an implication of each case by diagnosing using diagraming after classifying lower instance terminated cases, which precedents of the Supreme Court and judgments sent to the Supreme Court were excluded, while excluding cases settled in the civil level and classifying analysis of civil case precedents which did not become a criminal case and completed as a civil case, analysis of criminal case precedents, classification of precedents of loss of the parental rights (regarding child abuse) and precedents of any other special laws. And compensatory tasks for special laws regarding punishment of child abuse were presented while suggesting compensatory tasks for the legislation regarding deducted problems.

  • PDF