• The Journal of Korean Physical Therapy
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• 제28권2호
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• pp.128-135
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• 2016

Purpose: The aim of this study was to compare the "Physical Therapist and Occupational Therapist Act" of Japan and the "Medical Technician's. Etc. Act" of Korea in order to establish the grounds for improvement of effective law-making. Methods: We obtained the "Medical Technician's. Etc. Act" from the Korean Ministry of Government Legislation and the "Physical Therapist and Occupational Therapist Act" from the Japanese Ministry of Health, Labor and Welfare. It was translated from an association by related Japanese and experts. Results: The laws consisted of acts, enforcement ordinances, and enforcement regulations in both Korea and Japan. In the Korean case, eight occupations were defined in one law including six types of medical technicians, as well as medical recorders and opticians. The "Physical Therapist and Occupational Therapist Act" in Japan is composed of 6 chapters and 22 articles, while the Korean Act consists of 33 articles without chapters. Among them, 11 articles covered the establishment and management of dental laboratories and eyeglass shops, and only 22 articles were related to physical therapists and occupational therapists. Conclusion: Independent laws should be established for each type of medical technician. They must be comparable to Japanese laws on physical therapists and occupational therapists as well as clinical pathologists, dental hygienists, dental technicians, radiologic technologists, medical recorders, and opticians.

• 수산경영론집
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• 제54권4호
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• pp.1-18
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• 2023

This study examines the significance and problems of the Fourth Amendment to the Fisheries Act, which went into effect in January 2023. Following the passage of the Aquaculture Industry Development Act, the fourth amendment to the Fisheries Act sought to reform the fisheries legislative framework, while also including significant changes. In particular, a number of new systems for managing fishing gear have been implemented, and local governments now have some autonomy in fisheries management, which has allowed for adjustments to be made to meet the needs of the fishing industry and changes in socioeconomic situations. However, as independent legislation for each fisheries sector continues, the subject of regulation under the Fisheries Act, as well as the Act's position as a basic legal system, has been continuously reduced, overshadowing the Act's objective. As a result, a full-fledged assessment of changing the legislation's name in the future is required, as well as addressing issues such as the lack of difference in the legislative purpose clause and the necessity for further revision of the definition clause. Therefore, any future revisions to the Fisheries Act should aim to overhaul the existing framework, including fishing licenses and permits.

• 사회복지연구
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• 제41권3호
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• pp.107-133
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• 2010

최근에 정신보건 영역에서 사례관리에 대한 관심이 높아지고 그 중요성이 강조되고 있는 시점에서 본 연구는 ACT 모델을 지속적으로 적용해오고 있는 S 정신보건센터의 사례관리자들의 경험에 대하여 질적 연구를 실시하였다. 연구결과, 한국에서의 ACT 모델의 적용가능성을 확인할 수 있었으며, ACT 모델의 주요 특징인 팀 접근과 적극적인 서비스는 사례관리자의 역량을 높이고 클라이언트와의 관계의 질을 높임으로써 서비스의 효과를 가져 오는 것으로 나타났다. 하지만 적극적인 서비스의 과정에서 전문가 주도와 클라이언트의 의존 사이에서 갈등을 나타냈으며 한국의 가족주의와 정신보건체계의 특성에 대한 고려가 중요한 것으로 나타났다. 이를 바탕으로 ACT의 확대 적용을 위한 논의를 하였다.

• 무역학회지
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• 제44권6호
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• pp.135-150
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• 2019

Under the Manufacturing Liability Act, consumers want to be protected from manufacturers by mitigating burden of proof as an important target to be protected. However, due to the complexity of the product, it is very difficult for consumers to prove defects from the manufacturing defect. This situation has led to a major revision of the Manufacturing Liability Act, which mitigates the burden of proof of consumers by applying fruitless liability. The Manufacturing Liability Act is comparable to the U.S., which has strong consumer rights and is protected by the Manufacturing Liability Act. The burden of proof can be regarded as the most necessary content for consumers within the manufacturing product liability law when responding to manufacturing defects. The U.S. intends to provide implications for achieving consumer protection in Korea's Manufacturing Liability Act by imitating the U.S. based on the burden of proof. Case comparison regarding burden of proof can be conducted based on various criteria, including criteria for each product and key features for determining the importance of the manufacturing product liability law. The Act on the Responsibility of Korean Manufacturing Products for the Protection of Consumers was developed based on the assessment criteria, and a remedy was proposed to protect consumers who suffered from manufacturing defects.

• 무역상무연구
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• 제71권
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• pp.171-194
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• 2016

In the UK, the legal principle for the duty of disclosure established in Carter v Boehm case was codified in the Marine Insurance Act 1906("MIA"). The duty of disclosure under the MIA is the pre-contractual duty by the insured and therefore, the insured should disclose the every material circumstance that would influence a prudent insurer's judgement. If the insured violates the duty of disclosure, the insurer is entitled to avoid the insurance contract, regardless of whether there was the deliberate or reckless breach, which is unfavorable to the insured. The Law Commission reviewed the duty of disclosure under the MIA in detail and provided the Insurance Act 2015 for the purpose of enhancing the interests of the insured. The Insurance Act 2015("Act"),while the basic legal structure of the duty of disclosure under the MIA still remains, amends it in respect of non-consumer insurance and furthermore, integrate the duty of disclosure and the duty not to misrepresent into the duty of fair presentation of risk. And according to the Act, the insurer is required to more actively communicate with the insured before entering the contract with the result that, if the insured fails to disclose the material circumstance but provides the sufficient information to put the insurer on notice, the insurer should further inquire for the purpose of the insured's revealing the material circumstance. In addition, the Act details the insured's constructive knowledge of material circumstance by reviewing the current case law and introduces a new system for the insurer's proportionate remedy against the insured's breach of the duty of fair presentation of risk.

• 무역상무연구
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• 제14권
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• pp.153-176
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• 2000

The U.K. Bills of Lading Act 1855 had sought to circumvent the problems arising from the doctrine of privity of contracts. Among the principal factors in the introduction of the Act was the exceptional decision of the court in the case of Grant Norway. The Act 1855 was intended to reverse Grant Norway, but has no effect whatever. As it was not properly drafted, there had been a lot of situations where the Act 1855 was not applicable. In those cases, the courts have implied a contract between cosignee and carrier. This is the effect of the common law Brandt v. Liverpool doctrine. With the enactment of the Carriage of Goods by Sea Act 1992, all of the problems shall be resolved. It repeals the Act 1855 and replaces it with provisions covering not only B/L but also sea waybills and ship's delivery orders. According to the new law, title to sue is now vested in the lawful holder of a bill of lading, the consignee identified in a sea waybill or the person entitled to delivery under a ship's delivery order, irrespective of whether or not they are owners of the goods covered by the document.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.157-179
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• 2004

Currently major countries, including the USA, have developed and contrived to activate ADR(Alternative Dispute Resolution) in order to both choose effective means for dispute resolution and establish the reformation of the judicial system; thus meeting people's revamped expectations due to the rapid increase of, and diversification in, civil disputes. This is why there has been some haste in many countries to organize systems for this, so called, 'the Fundamental ADR Act' which regulates the essential structure to accelerate the use of ADR and strengthen the links with trial procedures. For example, in 1999 Germany revised it Civil Procedure Act, to allow for a pre-conciliation process in cases involving only small sums of money. Whilst, with regard to the Civil Procedure Act in France, new regulations have been introduced with regard to actions before either a suit or return to conciliation. In the United Kingdom, as far back as 1988, additions to the legal structure allowed for expansion of regulations applying to ADR. By 1999 the new ADR regulations were part of the legal structure of the UK Civil Procedure Act. The USA passed the federal law for ADR in 1998. Since then the world has tried to enact this model in UNCITRAL on international conciliation. When we consider this recent trend by the world's major countries, it is desirable that the fundamental law on ADR should be enacted in Korea also. This paper traces the object, and the regulatory content required, for the fundamental ADR law to be enacted in Korea's future. Firstly, the purpose of the fundamental ADR law is limited only to the private sector, including administrative and excluding judicial sector and arbitration, because in Korea the Judicial Conciliation of the Civil Disputes Act, the Family Disputes Act and the Arbitration Act already exist. Secondly I will I examine the regulatory content of the basic ADR Act, dividing it into: 1)regulations on the basic ideology of ADR, 2)those on the transition to trial procedures of ADR, and 3)those on the transition to ADR from trial procedures. In addition I will research the regulatory limitations of ADR.

• Journal of Chest Surgery
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• 제31권9호
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• pp.873-876
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• 1998

개심수술에서 Aprotinin에 의한 ACT가 연장되는가를 알아보기 위해 서로 다른 표면 촉매제인 kaolin (K-ACT)과 celite(C-ACT)를 이용하여 동시에 측정 비교하였다. 개심수술을 받은 22명의 성인을 대상으로 하여 Hemocron 8000 system을 이용하여 동시에 ACT를 측정 하였는데 aprotinin과 heparin 투여 전(Phase I), Aprotinin투여 후 heparin 투여 전(Phase II), heparin투여 5분 후(Phase III), haparin투여 30분 후(Phase IV), heparin투여 60분 후(Phase V), heparin투여 90분 후(Phase VI), protamin투여 30분 후(Phase VII)에 각각 측정하였다. Phase I, II, III에 두 군간에 차이가 없었으나 heparin투여 30분 후에는 C-ACT가 928$\pm$400초 K-ACT가 572$\pm$159초였고 60분 후에는 C-ACT가 888$\pm$254초 K-ACT가 535$\pm$186초 90분 후에는 C-ACT가 686$\pm$141초 K-ACT가 484$\pm$54초로 K-ACT에 비해 C-ACT가 통계학적으로 의의있게 증가하였다. 그러나 protamin투여 후에는 C-ACT가 137$\pm$26초 K-ACT가 139$\pm$28초로 두군간에 차이가 없었다. 이상의 결과에서 aprotinin투여 후 ACT는 연장이 되는 것이 아니라 activator로 celite를 사용했기 때문인 것으로 생각된다. 결론적으로 aprotinin을 투여한 개심수술에서 정확한 ACT수준을 측정하기 위하여 celite activator보다 kaolin activator를 사용해야 하며 heparin은 보통용량을 투입하여야 할 것으로 생각된다.

• 한국산업보건학회지
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• 제23권4호
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• pp.374-383
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• 2013

Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act. Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed. Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine. Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.

• 한국지역사회생활과학회지
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• 제22권3호
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• pp.471-484
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• 2011

Recently, there has been an increase in the importance of parenting education within the society of life long learning. Parenting education should be dealt with in the view of lifelong education. This article focused on parenting education as outlined in the Lifelong Education Act. After analyzing the legal systems and the current limitations of the Lifelong Education Act in terms of parenting education, future directions were proposed. To do this, this article analyzed the Lifelong Education Act in relation to parenting education. Based on the relevant data, this article derived the following conclusions. First, it found that parenting education in terms of lifelong education that is available to anyone at anytime should be open for all parents. Second, parenting education should be clearly specified in the contents of the Lifelong Education Act. Third, the values of civic education such as dignity, consideration, and love should be included in the contents of parenting education programs. In addition, it is note worthy to comment that creative education has been important for future society. Forth, it is recommended to specify parenting education in the subject list of lifelong educator training programs in the lifelong education act. Finally, parenting education should be practiced in the various lifelong education institutions. Fundamentally, parenting education as Lifelong Education should be established not only for parent's benefits, but also for children's well-being.