• The Korean Society of Law and Medicine
• /
• v.23 no.1
• /
• pp.37-80
• /
• 2022

By analyzing informed consent and the refusal of emergency medical treatment (called patient dumping) under the current Emergency Medical Service Act, this study suggests that an emergency medical professional is only liable for patient dumping if their duty to protect the patient's life takes precedence over the patient's right to self-determination. In emergency medical situations, as in general medical situations, medical treatment should be performed after the emergency medical professional informs the patient about the medical treatment, including its necessity and methods, and obtains consent from the patient. Refusing or evading the performance of emergency medical services on the excuse of the informed consent not considering a waiver or alteration of informed consent requirements without reasonable reasons violates the Emergency Medical Service Act and thus makes an emergency medical professional liable to administrative disposition or criminal penalty. In other words, depending on the existence of a waiver of alteration of the informed consent, patient dumping may be established. If the patient is a minor or has no decision-making ability, and their legal representative makes a decision against the patient's medical interests, the opinion of the legal representative is not unconditionally respected. A minor also has the right to decide over their body, and the decisions of their legal representatives should be in the patient's best interests. If the patient refuses treatment, in principle, the obligation of life protection of emergency medical professionals is the top priority. However, making these decisions in the aforementioned situations in the emergency medical field is difficult because of the absence of explicit regulations regarding these exceptional problems. This study aims to organize the following precedents of the Supreme Court of Korea. The court states that, when balancing the conflicting interests between the duty to provide emergency medical service and the duty to inform is unavoidable for emergency medical professionals, they should put the duty to protect the patient's life ahead of the duty to inform if the patient's life matters. Exceptionally, when a patient has seriously considered whether they should receive treatment before the emergency medical situation, their right to self-determination can be considered equal to the obligation of emergency medical professionals to provide emergency medical treatment. This research also suggests that an amendment of the Emergency Medical Service Act should include the following. First, the criteria for determining the decision-making ability of emergency patients should consist of medical content. Second, additional consent from a medical professional is unnecessary for first-aid treatment. Finally, new provisions for emergency medical obligations for minors, new provisions for the decision standard when there are conflicting opinions about the treatment of a patient, and new penalty provisions for professionals who suspend emergency medical examinations and treatments need to be established.

• Journal of Internet Computing and Services
• /
• v.17 no.4
• /
• pp.145-159
• /
• 2016

This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
• /
• v.7 no.3
• /
• pp.181-190
• /
• 2012

After industrialization, the labor force participation rates of women, especially married women is drastically increasing. So, this study was designed to analyze the determinants of married women's employment status considered. For this, the determinants of married women's employment status were divided into individual-related, children-related, household-related and job-related variables to establish the research models. Based on this, the following results were drawn from a multinominal logistic regression analysis of the determinants of married women's employment status. First, an analysis of individual-related variable showed that married women had the employment status of labor wages with residence in the center of the city and high academic background. Second, an analysis of children-related variable showed that they had the employment status of labor wages with many their children and no their children under the age of six. Third, an analysis of household-related variable showed that they had the self-employment status of labor wages with nuclear family and few income earners of family members. Finally, an analysis of job-related variable showed that they had the employment status of labor wages when they got a job before they got married, their husband didn't get a job, and their husband worked in a professional field. As for findings stated above, as there was a difference in the determinants of married women's employment status, the ways for improvement in the married women's employment status would be suggested as follows. First, married women with young children have the low employment status, basically, requiring problem-solving ways for this because the housekeeping and child-rearing burden caused by marriage and childbirth are factors that continue to obstruct a job. For this, the flexible working hours system, which housekeeping and child-rearing can harmonize with economic activities like developed countries, needs to be activated. But the activation of such flexible working system will produce actual results under institutional protection, such as a related-protection law. Second, the Leave of Child Care System is debated as one of the most representatively systems that housekeeping can harmonize with economic activities. Now, although the System is legislated, the use is very poor.

• Journal of Korean Public Health Nursing
• /
• v.10 no.1
• /
• pp.118-138
• /
• 1996

Because of accelerated urbanization public body visiting nursing project that started according as matter of health on urban class in the lower brackets of income was concentrated on Social interests has a unsatisfied points to propel project efficiently from the lack of rating materials. Therefore centering around written contents in documentary literature of citizen health by household in five years from starting year of project to now. visiting frequency by medical manpower was evaluated quantitatively and qualitatively in aspect of management hereupon. for the sake of giving a basic materials for public health project of this field. This research presents documentary literature of citizen health which become materials is that as one person's charged region of nurse in duty scale. district is Kang-Buck Gu. the object is resident in the lower brackets of income grounded livelihood protection law and who is admitted by the head of organ~chief of health care). and the number of material centering around the head of a household is 415 copy. The result of research is summarized. as follow. 1. Average visiting frequency examinated by medical manpower show difference according to valuables of supervision characteristics namely average visiting. Frequency of nurse has long term residence in case registration season is early and supervision season is the first year and is high incase a kind of house is unlicdnsed mountain town. Average visiting frequency with doctor is high incase supervision season is the first year and the medical insurance system is admitted by chief of health care. That shows that a man of discomfort behavior left alone are yet many in local society. The meaning of this result shows that the continuity of official relation about class in the lowest brackets of income of long term residence goes well between househole who is a user of visiting nursing service of the object according to midway income under management influences a given duty of nurse s and so causes quantitative decrease. 2. In case behavier and condition of health that nurse diagnoses are bad. as the type matter is a lack of health and the number of patient is large. the average visiting frequency of nurse is high. because average visiting frequency with doctor is high as the condition of health is bad and the number of patient is large. That is similar with that of nurse. CD Average visiting frequency of nurse s seen by matter of disease is very high only in apoplexy by 39.50 and is confined within limits from 7.63 to 11.36 in other disease. But average visiting frequency with doctor is double as many as that of nurse but defined in apoplexy hypertension and articulate. (1) Average visiting frequency of nurse by existence in inoculation of hepatitis is low by 6.73 in unidentified group and very high by 26.89 in group of non-inoculation and the case of the antigenic positive man of B type hepatitis or epileptic who can't be inoculated shows 13.00 and that even family nursing service is needed to them. That result shows that though one person nurse of local charge has a large scale of duty. as visting nursing service is given a class who has a large demand preferentially by respectively accurate nursing diagnosis. the number of diagnosis service is similar with it. 3. During five years. average visiting frequency of nurse is 10.84 and average visiting frequency with doctor is 76.50 seeing from the official scale of nurse. visiting by household is performed two more per year to the average. Seeing this by type of service. average visiting frequency of nurse is higher in indirectly nursing than in directly nursing and that suggests that at the time of visiting household nurse performs education of protection lively save patient but at the time of contrastedly visiting with doctor. directly nursing is more contents of service show no difference by man power and medication dressing by demand is 14.3 and 18.6 the aid of hardship term of doctor and nurse is high by 18.7 and 17.00 in the request of hospitalization when seeing by demands. 4. Action by turns exemplified 1994 is well in sequence of 2/4 turn. 3/4 turn. 1/4 turn. 4/4 turn. When seen by average visiting frequency of nurse but gradually is even. Without difference by turns. average visiting frequency of doctor is much higher in 1/4 turn than other turns. Type of service by turns is all even but directly nursing is inactive in 4/4 and indirectly nursing. Very increases in 4/4 and so. Nurse's quantity of duty is plentiful that shows that by evaluation of last turn and plan of project. Contents of service follows that medication and dressing is the highest by' 5.57 in 1/4turn. goes down gradually by turn. becomes 3.57 in 3/4 turn. and increases again by 4.83 in 4/4 turn. the rest service is higher in 2/4 turn than other turns. 5. Total visiting frequency of nurse is explained to total $37.5\%$ by six valuables of visiting frequency of doctor. nursing demand. demand of diagnosis. condition of behavior. year. Special terms and magnitude of influential power is the same as sequence of enumerated valuables. Namely. the higher the visiting frequency of doctor. the bigger nursing and demand of diagnosis is. the worse the condition of behavior is. the older the object is and the more the household of special terms is. the high total visiting frequency of nurse is.

• Journal of Arbitration Studies
• /
• v.24 no.2
• /
• pp.33-52
• /
• 2014

Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

• Korean Journal of Agricultural Science
• /
• v.3 no.1
• /
• pp.121-134
• /
• 1976

There are many evidences that vaiious plant pathogenes were introduced with imported plants and agricultural productsrfrom foreign countries and caused heavy losses of domestic economic plants, ever since the early twentieth century when our country began to trade plants and agricultural products with foreign countries. There are many ways that foreign plant pathogenes have been introduced into our country, but the main route is considered to be imported plants and agricultural products contaminated with plant pathogenes. Plant quarantine which prevent effectively introduction of plant pathogenes from abroad was practiced for the first time in our country in 1912, and that is relatively earlier activity in the history of plant quarantine of the world. Several plant pathogenes have been introduced into our country even after plant quarantine had been practiced. Particularly for about 15 years, from the 2nd World War to 1961 when the law of Plant Protection was enacted and practical works of plant quarantine was reoperated, Korean agriculture was opened to various foreign plant pathogenes as a lapse period of plant quarantine in our country. Introduced plant pathogenes are, for the most part, from Japan because of depending upon Japan in the foreign trade of plants and agricultural products of our country. As present plant quarantine is required more exactness and rapidness, reasonable organization of quarantine system including more trained quarantine specialists, modernized facilities and introduction of improved quarantine techniques are necessary. Reasonable organization and improvement of plant quarantine system are important not only for protection of korean agriculture to plant pathogenes possible to be introduced from foreing countries, but also for increasing and stabilization of export of plants and agricultural product of our country.

• The Journal of the Korea Contents Association
• /
• v.8 no.2
• /
• pp.195-204
• /
• 2008

With the growth of airline management, as well as computer and IT security, the international trade in this modern society has been rapidly increasing, Along with the advancing, airplanes have become a universal means of communication. However, the complications associated with airplane safety have also been brought up as a result, the most concerning of which is terrorism. One of the main counterplans for preventing terrorism is Ground security activities the core of Ground security activities is absolute safety for passengers in both passenger terminal and freight terminal. Subastral security refers to physical protection, proximity control and 100% security search and freight guarding of the passengers' possessions, and the personnel's duties to perform such jobs are be! coming more crucial. On the other hand, Airport security check has bee n gradually developing since the 1960's, when hijacking began to take place. Although the airports have been providing more safe and comfortable services to their customers, terrorism is still happening today. When Ground security activities is minute, the users feel displeasure and discomfort, yet considering solely their convenience can brings problems in achieving safety. Since the 9.11 terror in 2001, the idea of improving and strengthening airport security was reinforced and a considerable amount of estate is being spent today for invention and application of new technology. Various nations, including the United States, have been improving their systems of security through public services; public police department is actively carrying out their duties in airports as well. In San Francisco International Airport, private police department is in charge of collection of data, national events, VIP protection, law enforcement, cooperation within facilities, daily-based patrol and traffic control. Under guidance and supervision of national organizations, such as TSA, general police department interprets X-Rays, operates metal detectors, checks passports or IDs and observes reactions to explosives. Under these circumstances, studies about advancement of cooperation and duties of general police department and private police department necessitated: especially about private police department and their training for searching equipments, decrease in number of turn over rate, invention of technology and prior settlement in estate for security. The privacy of the public, who make up the major population of airport passengers, must also be minimized. In the following research, the activities of police departments in San Francisco International Airport will be analyzed in order to understand recent actions of the United States on airport security.

• Journal of Legislation Research
• /
• no.44
• /
• pp.343-386
• /
• 2013

"Financial ADR" system in South Korea can be represented by so-called "Financial Dispute Resolution System", in which Financial Supervisory Service (FSS) and Financial Dispute Resolution Committee are the principal actors in operation of the system, and this is discussed as an "Administrative Financial ADR System". The system has over 10-year history since it was introduced in around 1999. Nonetheless, it was not until when financial consumer protection began to be highlighted after the 2008 financial crisis that Financial ADR system actually started to draw attention in Korea. This was because interest has been rising in "Alternative Dispute Resolution (ADR)" as an institutional measure to protect financial consumers damaged via financial transactions. However, the current discussion on the domestic Financial ADR system shows an aspect that it is confined to who is to be a principal actor for the operation of Financial ADR institution with main regards to reorganization of supervisory system. This article aims to embody these facts in an institutional model by recognizing them as a problem and analyzing the features of the Financial ADR system, thereby clarifying problems of the system and presenting the direction of improvement. The Korean Financial ADR system can be judged as "administrative model integrated model consensual model quasi-judicial model non-prepositive Internal Dispute Resolution (IDR) model". However, at the same time, it is confronted with a task to overcome the two problems; the system is not equipped with institutional basis for securing its validity in spite of the adopted quasi-judicial effect model; and a burden of operating an integrated ADR system is considerable. From this perspective, the article suggests improvement plans for security of validity in the current system and for expansion of industry-control ADR system, in particular, a system of prepositive IDR model. Amongst them, it suggests further plans for securing the validity of the system as follows; promotion to expand the number of internal persons and to differentiate mediation procedures and effect; a plan to keep a financial institution from filing a lawsuit before an agreement recommendation or a mediation proposal is advised; and a plan to grant suspension of extinctive prescription as well as that of procedures of the lawsuit.

• Korean Journal of Heritage: History & Science
• /
• v.51 no.4
• /
• pp.146-169
• /
• 2018

Artificial or natural artifacts, which have historical, artistic, academic or scenic value as national, ethnic or global assets, are designated as "cultural heritages" under the Act on the Protection of Cultural Heritage. Cultural heritages can be divided into tangible cultural heritages, intangible cultural heritages, and monument and folklore heritages. In addition, depending on the object of designation, a cultural heritage can be designated either as a city or a provincial cultural heritage or a cultural heritage material, by a city mayor or provincial governor, and as a state-designated heritage by the administrator of the Cultural heritage Administration. The regular survey is a part of the policy for the preservation and management of state-designated heritages, which requires that surveys be undertaken every three to five years for the preservation, repair and maintenance of cultural heritages. It was stipulated in the Act on the Protection of Cultural Heritage in 2006, and since then has substantially contributed to the preservation and management of state-designated heritages based on the identification of damage to cultural heritages and the application of appropriate treatment measures. However, some parts of the guidelines on the regular survey, legislated in 2006, occasionally give rise to confusion in managing the regular survey system of state-designated movable cultural heritages, and need to be modified to facilitate the systematic management and improvement of the regular survey system. This study attempts to analyze the structure and operation of the regular survey system of state-designated movable cultural heritages, and proposes plans for improving the way of specifying each department which leads, manages and executes the regular survey, the process of entrusting the survey, and its guidelines and forms. I hope that these plans concerning the regular survey of state-designated movable cultural heritages will contribute to improving the quality and management of the system.

• Asia Marketing Journal
• /
• v.12 no.2
• /
• pp.27-52
• /
• 2010

It is not new that today's business organizations are expected to exhibit ethical and moral management and to carry out social responsibility as a good corporate citizen. Since South Korea emerged as a newly industrialized country during the 1980s, Korean corporations have become active in carrying out their social responsibility as a good corporate citizen to society. In spite of the short history of corporate social responsibility, Korean companies have actively participated in corporate philanthropy. Corporations' significant donations to various social causes, no-lay-off policies, corporate volunteerism and green marketing are evidences of their commitment to corporate citizenship. Corporate social responsibility is now an essential management practice whereby corporation can strengthen its sustainable value creation processes by enhancing the trust assets underlying the relationships between the business and the stakeholders. Much of the conceptual work in the area of corporate social responsibility(CSR) has originated from researches conducted in the management field. Carroll(1979) proposed that corporations have four types of social responsibilities: economic, legal, ethical and philanthropic responsibility. Most past research has investigated CSR and its impact on consumers' attitudes toward the corporations and corporate performances. Although there exists a large body of literature on how consumers perceive and respond to CSR, the majority of past studies were conducted in the United States. The stability and applicability of past findings need to be tested across different national/cultural settings, especially since corporate social responsibility is a reflection of implicit conformation with the expectations and criticism that society may have toward a corporation(Matten and Moon, 2004). In this study, we explored whether people in Korea perceive CSR of Korean corporations in the same four dimensions as done in the United States and what were the measurement items tapping each of these four dimensions. In order to investigate the dimensions of CSR and the measurement items for CSR perceived by Korean people, nine focus group interviews were conducted with several stakeholder groups(two with undergraduate students, two with graduate students, three with general consumers, and two with NGO groups). Scripts from the interviews revealed that the Korean stakeholders perceived four types of CSR which are the same as those proposed by Carroll(1979). However we found CSR issues unique to Korean corporations. For example for the economic responsibility, Korean people mentioned that the corporation needed to contribute to the economic development of the country by generating corporate profits. For the legal responsibility, Koreans included the "corporation need to follow the consumer protection law." For the ethical responsibility, they considered that the corporation needed to not promote false advertisement. In addition, Koreans thought that an ethical company should do transparent management. For the philanthropic responsibility, people in Korea thought that a corporation needed to return parts of its profits to the society for the betterment of society. The 28 items were developed based on the results of the nine focus group interviews, while considering the scale developed by Maignan and Ferrell(2001). Following the procedure proposed by Churchill(1979), we started by developing an item poll consisting of 28 items and purified the initial pool of items through exploratory, confirmatory factor analyses. 176 samples were sued for this analysis. Confirmatory factor analysis was performed on the 28 items in order to verify the underlying four factor structure. Study 1 provided new measurement items for tapping the Korean CSR dimensions, which can be useful for the future studies exploring the effects of CSR on Korean consumers' attitudes toward the corporations and corporate performances. And we found the CSR scale(17 items) has good reliability, discriminant validity and nomological validity. Economic Responsibility: "XYZ company continuously improves the quality of our products", "XYZ company has a procedure in place to respond to customer complaint", "XYZ company contributes to the economic development of our country by generating profits", "XYZ company is eager to hire people". Legal Responsibility: "XYZ company's products meet legal standards", "XYZ company seeks to comply with all laws regulating hiring and employee benefits", "XYZ company honors contractual obligations to its suppliers", "XYZ company's managers try to comply with the law related to the business operation". Ethical Responsibility: "XYZ company has a comprehensive code of conduct", "XYZ company does not promote a false or misleading advertisement", "XYZ company seems to conduct a transparent business", "XYZ company does a fair business with its suppliers or sub-contractors". Philanthropic Responsibility: "XYZ company encourages partnerships with local businesses and schools", "XYZ company supports sports and cultural activities", "XYZ company gives adequate contributions to charities considering its business size", "XYZ company encourages employees to support our community". Study 2 was condusted for comprehensive validity. 655 samples were used for this anlysis. Collected samples were tested by factor analysis and Crnbach's Alpha coefficiednts and were found to be satisfactory in terms of validity and reliability. Furthermore, fitness of the measurement model was tested by using conformatory factor analysis. χ²=880.73(df=160), GFI=0.891, AGFI=0.854, NFI=0.908, NNFI=0.913, RMR=0.059, RMESA=0.070. We hope that CSR scale could greatly facilitate research on Corporate social resposibility, it is by no means the final answer.