• Title/Summary/Keyword: S-act

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An Analysis on the Legislative Process and Problems of the Special Act on ICT (ICT특별법의 제정과정 및 문제점 분석)

  • Chung, Choong-Sik
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.111-128
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    • 2014
  • President Park Geun-hye Administration has established the Ministry of Science, ICT and Future Planning (MSIP) to build a creative economy using Information and Communication Technology (ICT). July 2, 2013, The National Assembly has legislated the special act on the ICT promotion and convergence so called special ICT Act. This special ICT Act has reduced the legal basis through legislative process and departmental agreement. Therefore many experts worried that since the MSIP's key functions and roles are being reduced, there will be a limit to the MSIP's endeavor for the advancement of science technology and the ICT promotion and convergence. The establishment of the Agency, together with the formation of 'IT Strategy Committee', is considered to be one of the core items of the Special Act on ICT. MSIP originally planned to integrate the ICT R&D functions scattered across many governmental organizations, including Korea Communications Agency (KCA), KEIT and Korea Creative Contents Agency (KOCCA), into the Agency to separate the national ICT R&D from private R&D and streamline the process of 'discovery-selection-evaluation-commercialization'. The analytical results in this study are supposed to the establishment of efficient ICT governance systems as the practical strategies to actively cope with the changes of ICT convergence environment. It is also expected to the revision on the special ICT Act in the ICT budget and governance. Therefore, MSIP should cover research and development (R&D) as well as major ICT promotion functions to a creative economy.

The Necessity of A Cognitive-scientific Analysis on A Security threat Act - The Foundation for A Establishment of The Scientific Preventive Social-security Countermeasure - (경호위해행위에 대한 인지과학적 분석의 필요성 고찰 - 과학적 예방적 사회안전 대책 수립을 위한 기초 -)

  • Kim, Doo-Hyun;Son, Ji-Young
    • Korean Security Journal
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    • no.17
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    • pp.33-51
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    • 2008
  • According to dictionary, the meaning of protection is "guard and protect" that means protecting the Protectee's safety in case of sudden attack or various accident and Security means all protecting activity including Protectee and place where he is in or will be as comprehensively meaning of safe. As you see in the definition, Protection and security is the act to protect or will to protect from a security-threat act. A security-threat act can be discussed in the range of the concept of a criminal act in Criminal Law. A security-threat act is based on criminal act in Criminal Law, we are going to review such a security-threat act in a point of view in a sphere of learning in today's remarkable a brain-neuro science and cognitive science based on cognitive psychology, and to use an analysis on such a security-threat act to make a foundation for a establishment of the scientific preventive social security countermeasure. To do so, First of all we are going to review a security-threat act based on criminal act in Criminal Law in a point of protection police logic view. Next, we are going to introduce how cognitive science understand about act of man before we analyse a threat act as one of an act of man in cognitive science point of view. Finally, we are going to discuss the need of cognitive scientific analyse in order to establish the Scientific Preventive Social-security Countermeasure at the same time we are going to analyse a threat act in a cognitive scientific view.

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A Legal Study on 「the Act on Decision on Life-sustaining Treatment for Patient's in Hospice and Palliative Care or at the End of Life」 (연명의료결정법의 법적 고찰)

  • Park, Kwang-Hyun
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2019.07a
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    • pp.195-198
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    • 2019
  • 연명의료결정법의 정식 명칭은 '호스피스 완화의료 및 임종 과정에 있는 환자의 연명의료 결정에 관한 법'이다. 이 법은 호스피스 완화의료에 대한 것과 환자의 연명의료 결정에 대한 것을 규정하고 있다. 특히, 후자의 연명의료결정에 관한 부분은 법제정 과정에서 법 종교 의료 윤리 등 다양한 분야에서 논박이 있었지만 2018년 2월 4일부터 시행되고 있다. 법학에서는 이 법이 생명이라는 법익과 관련되어 있어 형사법적, 민사법적으로 중요한 의미를 갖는다. 이 법이 탄생되기 위해 두 번의 변곡점이 있었다. 첫째, 1997년 '보라매병원 사건'에서 의사를 작위에 의한 살인방조죄로 판결한 사건 둘째, 2009년 '김 할머니' 사건에서 회생할 수 없을 경우 가족 등이 진술한 환자 의사에 따라 연명 의료를 중단할 수 있다는 대법원 판결이다. 연명의료결정법은 헌법상 생명권과 자기운명결정권이라는 기본권 충돌이 발생한다. 두 기본권이 서로 상충 할 때에는 어떠한 기본권을 우선해야 하는지가 실질적으로 문제되는데, 이익형량을 통한 규범의 조화로운 해석을 통해 해결해야 한다. 또한 이 법의 흠결과 문제점을 고찰하여 개정작업이 진행되어야 한다.

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Social Implication of Living Wills, Advance Directives and Natural Death Act in Korea (생전유언, 의료지시서, 자연사법(natural death act) 입법의 사회적 함의)

  • Lee, In-Young
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.413-459
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    • 2008
  • The Law has intervened to define rare circumstances in which a person should choose continuing life in United States. On the one hand, the law has traditionally acted to preservelife and to respect the sanctity of life. On the other hand, one's control over one's own body, and the right to determine what kind of medical care one will receive, is equally well respected and historically grounded. The competent patients have the right to forgo life-sustaining treatment, courts in United States have left many unanswered questions about the nature of that right. The right to choose to forgo life-sustaining treatment is a manifestation of a patient's autonomy interest. In United States, The Karen Quilan case gave rise to legislative activity in the host of state capitals, and several states had adopted statutes that formally recognized some forms of written directives describing some circumstances in which certain kinds of medical care could be terminated. These statues were sometimes dominated 'living will' acts, sometimes 'right to die' acts and ocasionally 'natural death' acts. Today virtually every state has produced a living will statue. In Korea, courts do not permit a terminally ill person to withhold or withdraw life-sustaining treatment. Living wills apply in case of terminal illness owing to a defect in legislation. Now In Korea, these lively dispute of legal policy on the preconditions and concrete procedure of living will act and natural death act. Through the legislation of living will act and natural death act, we should prepare some circumstances to respect patient's autonomy on the right to die. We should frame the cultural standard to make a decision of forgoing life-sustainin1g treatment under the discreet procedure.

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Efficacy of Mobile Device Distribution Improvement Act : Long-term Contract and Cap Regulation on Breach Fee (약정 위약금 규제와 단말기 보조금 차별금지의 실효성)

  • Kim, Weonseek
    • Journal of Information Technology Services
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    • v.15 no.1
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    • pp.81-96
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    • 2016
  • This study analyzes how breach fee under long-term contract and/or cap regulation on the breach fee can affect the impacts of "Mobile Device Distribution Improvement Act" on handset bundle price, average revenue per unit (ARPU), and social welfare. We conduct comparative analysis with an economic model of duopoly competition in price when users are under long-term contract and the breach fee can be regulated. The results show that the Act lowers the equilibrium prices, lower than incumbent price without the Act. Price of non-dominant Mobile Network Operator (MNO) can be lower than poaching price without the Act if significant portion of switching cost is breach fee or the market is significantly asymmetric. Under the significant circumstances, the Act can raise ARPU even though it improves social welfare. By contrast, the Act increases consumer surplus without affecting social welfare if breach fee is the only source of user's switching cost and is capped by the regulation, and more symmetric market and the stronger cap leads to higher consumer surplus.

On the Characteristics of Physical Training Content in Seo Sang-cheon's Writings by Period

  • Shin eui-yun;Kim dae-sung
    • International Journal of Advanced Culture Technology
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    • v.12 no.3
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    • pp.380-387
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    • 2024
  • Seo Sang-cheon (1903-1950) was a sports leader and administrator who contributed greatly to the development of Korean sports after Japanese colonial era and liberation. And to us, he is known as the first person to introduce weightlifting to Korea. In this paper, through the main contents of the books of the 1930s related to this research topic, including the Modern Physical Fitness Promotion Act (1931) and the Modern Iron Stick Movement Act (1934), the main contents of Seo Sang-cheon's books related to physical training during this period, I would like to illuminate the characteristics such as infinite affirmation of the 'body training' and the exposure of disciplined upper body photographs in Seo Sang-cheon's writings related to physical training during this period. On the one hand, contrary to this, I tried to mention the regrets of his writings and political moves emphasizing the 'spirit' after the 1940s. We found that Seo Sang-cheon's early writings were focused on individual physical training, beyond the boundaries of nation and ethnicity. In contrast, his later writings reflect a shift towards thinking of personal physical training in alignment with the development of the state. We believe that this change in his writings demonstrates that Seo Sang-cheon's interests extended beyond physical education into political and social spheres, while also symbolizing a transformation in his perception of the body.

The National Environmental Education Act of the U.S.: Its Effects, Issues and Implications (미국 국가환경교육법의 효과, 쟁점 및 시사점)

  • Lee, Sun-Kyung;Lee, Jae-Young;Shin, Ho-Sang;Cho, Kil-Young;Choi, Suk-Jin
    • Hwankyungkyoyuk
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    • v.16 no.1
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    • pp.61-74
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    • 2003
  • It is essential to develop legal and legislative devices like the National Environmental Act to conduct systematic and continuous environmental education. In many Countries including the Uinted States, Great Britain, Germany, and Australia, environmental education has been developing based on legal and legislative systems. Of those cases, the Uintes States made efforts to promote environmental education through legislation, which can have significant implications for us with intention to legislate the National Environmental Education Promotion Act. This study is focusing on our environmental education by studying the histiry and current situation of National Environmental Education Act, PL 91 516 of the United States and its features. In case of the United States, there has been several amendments and re-approvals. since the first National Environmental Education Act was legislated. The public hearing for the re-approval of National Environmental Education Act whIch was legislated in 1990 was held during the Summer of 2000. This gave us important reference data including the need of environmental education, its effects, and considering articles. As a result of the public hearing, 1990. National Environmental Education Act was recognized and some articles were amended. Its re-approved as John H Chafee Environmental Education Act of 2001, PL 107-S 876 IS Some implications and suggestions were drawn from the case study, which included the importance of related ministries, financial support, the role of Consulting Committee and Special Committee for environmental educators, environmental education program certification system.

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The Bank of Korea Act Enacted as an Apparatus for Modern Central Banking: A Review and Evaluation (근대적 중앙은행제도로서의 제정 한국은행법: 검토 및 평가)

  • Kim, Hong-Bum
    • Economic Analysis
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    • v.26 no.3
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    • pp.71-133
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    • 2020
  • The Bank of Korea began its operation on June 12, 1950, with the Bank of Korea Act established a month or so earlier. Thus was first introduced to Korea modern central banking in the real sense of the word. The Bloomfield Mission, consisting of A. Bloomfield and J. Jensen of the Federal Reserve Bank of New York, spent about six months drafting a bill, which finally became the Bank of Korea Act. Little has been known yet about the process leading to the creation of the Mission and the historical context surrounding it, except that F. Tamagna of the Federal Reserve Board made in his capacity of the ECA's representative the offer of technical assistance to the Korean government. This paper attempts to dig deeper into relevant historical records and literature to fill these gaps. As it happened, the confrontation between the US and the USSR was accelerating towards the end of 1940s. The paper's new findings include that the Bloomfield Mission was, together with the ECA Mission to Korea, a product of the then US foreign policy (Cold War policy) and that the former Mission's technical assistance was conceived and provided all along as part of the inflation stabilization program pursued by the latter Mission. The Bloomfield Mission was after all a historical necessity. Next, the paper examines the changes added to the bill during its journey to becoming the Bank of Korea Act enacted in May 1950, presenting a review of the Act. The paper further evaluates the Act in terms of legal persistence, finding that the revised Act currently in force still substantially resembles the Act enacted 70 years ago from now. Finally in order is a brief discussion on those factors which seem to have contributed much to such persistence and thus apparent excellence of the Act enacted.

An Analysis on Significance and Problems of Aquaculture Industry Development Act ('양식산업발전법' 제정의 의의와 문제점 분석)

  • Shin, Yong-Min
    • The Journal of Fisheries Business Administration
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    • v.51 no.1
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    • pp.1-17
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    • 2020
  • This study is an analysis of the Aquaculture Industry Development Act that has recently been passed by the National Assembly. In order to improve the structural problem of Korea's aquaculture, a large revision of aquaculture related laws and regulations is needed. The enactment of Aquaculture Industry Development Act is necessary to that effect. It is adequate to aim for development as aquaculture industry not as aquaculture, to alleviate entry restriction of aquaculture, and to provision diverse promotion and support policies. However, it is a concern whether the current Aquaculture Industry Development Act can achieve its goal of enhancing the competitiveness of aquaculture and sustainability. Rather than to solve the problem, the act holds the possibility of further fixing or exacerbating the problem. So there is concern for side-effects after the enactment. This is due to the fact that it complicates terminologies by unnecessarily differentiating aquaculture related concepts from the existing Fisheries Act, lacks regulations regarding voluntary participation in aquaculture, and has limited methods to alleviate entry restriction. In addition, there are very few measures for the scale improvement of aquaculture along with the unlikeliness of a significant effect of the review and evaluation for re-licensing. Thus, the Aquaculture Industry Development Act should promptly be revised after its enactment.

An Analysis of Korean Supreme Court Cases Regarding Medical Practice and Clarifying the Meaning of Medical Practice (의료행위에 관한 용어정리 및 판례분석)

  • Noh, Tae-Heon
    • The Korean Society of Law and Medicine
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    • v.11 no.2
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    • pp.11-74
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    • 2010
  • This article analyzes legal meaning and definition of medical practice examining Korean Supreme Court cases. Until now, there is no right answer about the meaning of medical practice and it is also hard to define of it. Moreover, not only Acts and regulations containing medical practice but also many cases ruling a person who practice medicine, the concept of medical practice involves various meanings. So, it has caused confusion. In order to solve this problem, this article divides the medical practice's meaning into range and nature within prohibition article of the Medical Act about unlicensed personnel who practice medicine. After providing a explanation of the meaning of medical practice according to amendment of the Act, this article disputes the meanings of the several cases following the amendment. And then analyzing non-medical person's unlicensed medical practice and medical person's unlicensed medical practice. In order to provide more accurate legal concept of medical practice when Korean government amends the Medical Act or making policies in this field, this classifying analysis approach should be needed. Looking at the result, in general, Korean Supreme Court has interpreted unlicensed prohibition clause of the Medical Act widely; not only non-medical person's unlicensed medical practice but also medical person's unlicensed medical practice. Therefore, this article suggests that the prohibition clause needs to be careful applying to non-medical practice. Because, in fact, even though there are some necessity of non-medical practice, there are no qualificatory or license system of non-medical practitioner in the Medical Acts or regulations forbidding whole non-medical practices. Furthermore, the Supreme Court has decided medical person's unlicensed medical practice too narrowly, thus it does not keep up with rapid change of medical development and people's demands these days. Regarding this subject, in order to take advantage of medical practitioners effectively and cope with increasing people's medical demands, this article proposes that medical person's unlicensed medical practice only to be prohibited in case of endangering our public health.

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