• Title/Summary/Keyword: Society's legal system

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Non-invasive Brain Stimulation and its Legal Regulation - Devices using Techniques of TMS and tDCS - (비침습적 뇌자극기술과 법적 규제 - TMS와 tDCS기술을 이용한 기기를 중심으로 -)

  • Choi, Min-Young
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.209-244
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    • 2020
  • TMS and tDCS are non-invasive devices that treat the diseases of patients or individual users, and manage or improve their health by applying stimulation to a brain through magnetism and electricity. The effect and safety of these devices have proved to be valid in several diseases, but research in this area is still much going on. Despite increasing cases of their application, legislations directly regulating TMS and tDCS are hard to find. Legal regulation regarding TMS and tDCS in the United States, Germany and Japan reveals that while TMS has been approved as a medical device with a moderate risk, tDCS has not yet earned approval as a medical device. However, the recent FDA guidance, European MDR changes, recalls in the US, and relevant legal provisions of Germany and Japan, as well as recommendations from expert groups all show signs of tDCS growing closer to getting approved as a medical device. Of course, safety and efficacy of tDCS can still be regulated as a general product instead of as a medical device. Considering multiple potential impacts on a human brain, however, the need for independent regulation is urgent. South Korea also lacks legal provisions explicitly regulating TMS and tDCS, but they fall into the category of the grade 3 medical devices according to the notifications of the Korean Ministry of Food and Drug Safety. And safety and efficacy of TMS are to be evaluated in compliance with the US FDA guidance. But no specific guidelines exist for tDCS yet. Given that tDCS devices are used in some hospitals in reality, and also at home by individual buyers, such a regulatory gap must quickly be addressed. In a longer term, legal system needs to be in place capable of independently regulating non-invasive brain stimulating devices.

A qualitative research on the dentists' perception of scope of practice of dental hygienists (치과의사의 인식에 중점을 둔 치과위생사의 업무 범위에 관한 질적 연구)

  • Moon, Sang-Eun;Hong, Sun-Hwa;Lee, Bo-Ram;Kim, Na-Yeon
    • Journal of Korean society of Dental Hygiene
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    • v.21 no.6
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    • pp.685-693
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    • 2021
  • Objectives: The purpose of this study was to identify dentists' perception of work performance and scope of work of dental hygienists. Methods: A phenomenological research method was applied for the proper role performance on March 1st, 2021 and June 10th to investigation eight dentists running their own dental clinics located in Gwangju and Daejeon metropolitan city. Results: The legal scope of dental hygienists has not been properly recognized. Conflicts have been experienced due to problems between dental hygienists and staff and their differences in knowledge or proficiency in their work. The performance of dental hygienists has been evaluated based on the size of the dental clinic's profit. Reviews and improvements in dental hygienists' scope of work and new business regulations are required. Conclusions: Consequently, it is recommended that the dental business industry carry out directional discussions and negotiations to review dental hygienists' scope of practice and bring improvements so that their work can be, in the end, be stably performed within the legal system.

Legal Issues and Improvements surrounding the Arcade Game (아케이드게임을 둘러싼 법적문제와 개선방안)

  • Noh, Jae-Chul;Ko, Zoon-ki
    • The Journal of the Korea Contents Association
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    • v.16 no.3
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    • pp.415-425
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    • 2016
  • Game industry is certain to change rapidly as its attribute. Therefore, It's not easy that the law response to reflect the technological change of game industry properly, and a new legal issue that is difficult to cover with the existing law. Recently, Court battle or cases about games are socially receiving attention. Nevertheless, Research accumulation about the legal action to response this is rare situation. The legal system that is related games mostly approach in the regulation and punishment of one-sided administration so far. Relatively, Approach from the game industry development and promotion act standpoint is low. Shrinking rapidly the current game industry is not an irrelevance to this. So It is necessary to reconstruct rationally in side that embrace with variety of views of members of the society and interests about current game-related laws, systems and regulation instruments. Access to how will develop competitiveness of the game industry in legal aspects and how will promote the balanced development between game industries are needed. The problems that needs to handle in legal aspect such as game development, game distribution, and game usage which in the part of the game industry are getting more and more in the future. Therefore, there is a need to review consistently in the legal aspect for the game industry promotion.

A Study on the Safe Use of Data in the Digital Healthcare Industry Based on the Data 3 Act (데이터 3법 기반 디지털 헬스케어 산업에서 안전한 데이터 활용에 관한 연구)

  • Choi, Sun-Mi;Kim, Kyoung-Jin
    • Journal of the Korea Convergence Society
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    • v.13 no.4
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    • pp.25-37
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    • 2022
  • The government and private companies are endeavoring to help the digital healthcare industry grow. This includes easing regulations on the big data industry such as the amendment of the Data 3 Act. Despite these efforts, however, there have been constant demands for the amendment of laws related to the medical field and for securing medical data transmissions. In this paper, the Data 3 Act of Korea and the legal system related to healthcare are examined. Then the legal, institutional, and technical aspects of the strategies are compared to understand the issues and implications. Based on this, a legal and institutional strategy suitable for the digital healthcare industry in Korea is suggested. Additionally, a direction to improve social perception along with technical measures such as safe de-identification processing and data transmission are also proposed. This study hopes to contribute to the spread of various convergent industries along with the digital healthcare industry.

A Comparative Study of the Legal Regulations on Contracting for Dangerous Work (위험작업 도급에 관한 법규제의 비교법적 고찰)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.3
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    • pp.279-286
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    • 2022
  • Objectives: South Korea's occupational safety and health legislation appears on the surface to have stronger regulations than any other country, but it is criticized for having many problems when viewed from the perspective of the effectiveness and universality of these regulations. Therefore, it is necessary to consider the validity of the regulatory content and the methods for contract work in South Korea. Methods: The main issues in contract work are compared and analyzed in terms of the occupational safety and health laws systems in South Korea and other developed countries. Based on this, problems related to contract regulation are derived from the perspective of legal policy studies. In addition, effective improvement measures for the derived problems will be proposed. Results: Other developed countries impose obligations suitable for the status and role of persons who entrust work in consideration of the fact that they do not directly manage risks and in terms of the effectiveness of industrial accident prevention. These countries generally impose obligations such as management of facilities and machinery, cooperation and coordination with subcontractors, cooperation and coordination obligations between subcontractors, and guidance obligations on a person who entrusts a work. Conclusions: It is difficult to achieve effectiveness in preventing accidents with based on unreasonable regulations that do not conform to safety principles or legal theory. Regulations on contract work need to be converted to rational cogent regulations based on science and rationality, not ideology and emotion. To this end, the legal system for contract work must have international universality.

Total Load Control System(TLCS) and Pollutant Loading Estimates from Watershed using BASINS (새만금 유역에 있어 BASINS 적용가능성 검토 (만경유역 유출량을 중심으로))

  • Jeon, J.H.;Yoon, C.G.
    • Proceedings of the Korean Society of Agricultural Engineers Conference
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    • 2001.10a
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    • pp.399-402
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    • 2001
  • After the legal foundation for the Total Load Control System (TLCS) process is embedded in integrated water management counterplan for 4 major river basins (1998), Kyunggido Kwangju City prepared the implementation plan of TLCS at first time. There is little difference between TLCS and TMDL(Total Daily Maxium Loading; U.S.A). TMDL is applied only when mandatory effluent limitations are not stringent enough to attain any water quality standard. But object of TLCS not only attain water quality standard at distributed watershed but also consider development of area at non-distributed watershed. For applying of systematic and consistent TLCS, we need to establish a system integrated watershed and point source, non-point source and assessed massive database easily. Now we are study on applicable possibility of BASINS on Korea, we think that BASINS's tool and many models are more easily apply to TLCS, so we recommend TLCS will be applied using BASINS.

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Implementation of a Legal Information Service System for Land Usage Regulations (토지이용규제 법률정보서비스 시스템의 구현)

  • Lee, Bum-Suk;Moon, Kyung-Won;Hong, Sung-Han;Kim, Eui-Chan;Hwang, Byung-Yeon
    • Journal of Korea Spatial Information System Society
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    • v.8 no.3
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    • pp.39-50
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    • 2006
  • Rapid growth of the domestic economy caused a lot of the demand of land information. The land information system has to keep the records of the various data about land that includes its owner and usages. Also the system must present adequate results that have been accumulated upon a user's request. Since Korean Government enforces 'Law of National Land Usage and Management', the land in rural area was also tightly regulated as much as that in the urban area. In fact, when people wants to develop their land, then they realize that their land has many restrictions and regulations to use. Sometimes, they find many regulations and restrictions even in a parcel. Thus, many people quite often want to know all the laws, rules, regulations, and restrictions etc., whatever applicable on the land they are interested in. to use. The purpose of this paper is to show a legal service system that precisely presents all the related laws, regulations, and restrictions. for a piece of the land. It summarizes the search results on users' requests. It uses a knowledge-based expert system to figure out the users requests. In this paper, we designed the system architecture of the software, and implemented its prototype. The results on this system show more concise and user friendlier than those of the existing systems.

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Knowledge Visualization and Mapping of Studies on Social Systems Theory in Social Sciences: Focused on Niklas Luhmann (사회과학 분야 사회적 체계 이론 연구의 지식 시각화와 매핑 - Niklas Luhmann을 중심으로 -)

  • Park, Seongwoo;Hong, Soram
    • Journal of the Korean Society for Library and Information Science
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    • v.56 no.1
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    • pp.253-275
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    • 2022
  • Niklas Luhmann is one of the most contentious and difficult theorist in sociology but follow-up studies on his theory gradually increase for recent 10 years. The purpose of this study is to observe how follow-up studies use the difficult concepts of Luhmann. Unlike previous studies, this study adopted a keyword rather than an article as the unit of analysis because keywords are linguistic constructs that can make concepts observable. The study analyzed co-occurrence of keywords in 139 articles retrieved from social sciences category in Web of Science DB. The key findings were following: the most important keywords were the name of Luhmann(Niklas Luhmann) and theory(social systems); keywords were grouped into 4 clusters(social systems theory, systems theory, legal system and political system, the significant of Luhmann's theory from the viewpoint of the history of social theory); topic terms were systems theory, communication, Autopoiesis, risk, legal system, functional differentiation, environment, social theory, sociological theory, structural coupling, systems and evolution. The significance of the study is following: the study gives keywords as useful access point for beginners of Luhmann's theory; the study proves that content analysis by keywords network can be applied to trend analysis of difficult theoretical researches.

A Study on the Changes of the Five-Class Mourning Costume-System in the Koryo Dynasty and the Early Years of the Chosun Dynasty (고려시대와 조선초기 오복제도 변화에 관한 연구)

  • Chon, Hea-Sook;Kwon, Lee-Soon
    • Fashion & Textile Research Journal
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    • v.6 no.2
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    • pp.144-152
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    • 2004
  • In this study, the settlement of this etiquette book and the five-class mourning-costume system throughout two dynasties is examined and analyzed.; According to the Chosun dynasty's efforts to practice Chu-Ja-Ga-Rye(朱子家禮, Chu Hsi's Book of Family Rituals) through legal intensification and enlightenment policies, the book's teachings had a general effect on society at large. As a result, the family system and funeral rites turned Confucian from a Shaman-Buddhist mixture. As the Confucian order was strengthened to highlight the authority of the male family head, the funeral rituals were based on Chu Hsi's Book of Family Rituals. So, the 100-day funeral of Koryo turned into the 3-year funeral in the Chosun dynasty. Also, the main and father's lines were valued, while the mother's and wife's lines were neglected. Even though there was no great difference of status or place between males and females in the Koryo dynasty, the settlement of Chu-Ja-Ga-Rye brought about the drop of women's status as they gradually began to be dependent on men.

A Study on the Reorganization of Science and Technology Law by Changes in the Science and Technology Environ (과학기술 환경 변화와 과학기술 법제 개편 방향)

  • Yoon, Chong-Min
    • Journal of Korea Technology Innovation Society
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    • v.15 no.4
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    • pp.881-915
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    • 2012
  • These days, according as the role and function of science and technology become a important solving means of various national and social problems caused in knowledge information society as well as the development of national economy, the national target and mission of science and technology have been newly illuminated. The task of science and technology has embodied into national policies, and these policies acquired institutional foundation through the legal system related to science and technology. Recently, the discussions about the operating system of present science and technology legislation are often happened, if or not the legal system is optimal and appropriate itself under the changed environment. In special, some issues are raised continuously, for example, about the improvement of coordination system on S&T policies, and the governance system on national R&D programs, etc. This paper aims to research and suggest the reorganization method of science and technology law. For this purpose, the development and existing state of S&T legislation was investigated, the government role and policy driving direction were reviewed under the recent changed environment, and the problems of S&T law in structure and content were analyzed in variety of perspectives. On this basis, the reorganization methods of science and technology law are suggested.

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