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

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A Review of a Bill on the Ocean-Based Climate Solution Act (OBCSA) in the U.S and Implications for the Ocean Climate Change-Related Legal System in Korea (미국 해양기반기후해법 법안(Ocean Based Climate Solution Act, OBCSA)의 검토와 국내 해양기후변화 법제에 대한 시사점)

  • Sora Yun;Moonsuk Lee
    • Ocean and Polar Research
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    • v.45 no.2
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    • pp.71-87
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    • 2023
  • Climate change causes ocean warming, ocean acidification, sea-level rise, dynamic coastal risk, change of ecosystem structure and function, and degradation of ecosystem services. Not only that, but it has negatively impacted the well-being of people, society, and culture, including food security, water resources, water quality, livelihood, health, welfare, infrastructure, transport, tourism, recreation, and so on, especially by particularly degrading indigenous communities and generating an inequitable distribution of benefits and costs. As pointed out here, these adverse impacts of climate change on the ocean have been emphasized at the international and national levels. In contrast, the ocean field has been neglected in the climate change conversation for too long. However, since the UNFCCC COP 25, the ocean has been drawn into the discussion as a solution to address climate change. Moreover, the U.S. Congress recently unveiled a bill called the 'Ocean-Based Climate Solution Act, OBCSA' that reflects the new paradigm of the international regime. The comprehensive legislative bill includes elements related to climate inequity, a blue economy, and a community-led bottom-up policy mechanism, which will have a significant bearing on the ocean-climate legal system. Therefore, this study reviews the OBCSA and deduces implications with regard to the ocean-climate legal system in Korea.

Investigation of Problem and System by Energy Application in City Level (도시차원에서의 에너지 적용에 따른 문제점 및 체계 검토)

  • Park, Yool;Kim, Sam-Uel;Park, Jin-Young;Lee, Sang-Jin;Yee, Jurng-Jae
    • Journal of the Korean Solar Energy Society
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    • v.29 no.3
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    • pp.51-58
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    • 2009
  • Recently, many social, economical and political problems have occurred in the field of urban energy supply because of the depletion of fossil fuels and the international climate change agreements and the current energy-related laws focus on individual buildings which makes them difficult to implement. Also, the policies for energy savings have increased day by day, but it is difficult to establish efficient urban plan because of lack of integrated policies and institutions. Current legal systems for urban plan does not cover domestic and international climate change agreements, energy related industry's structural changes and other environmental problems such as embodied energy and global warming. This paper tries to investigate current conditions of legal system to provide fundamental materials for improving energy conservation in urban plan.

A Priority Analysis on Influential Factors for Invigorating Project Management Office (PMO) in Public Sectors based on Analytic Hierarchy Process (AHP) (계층분석과정을 이용한 공공분야 PMO 제도 활성화요인 우선순위 분석)

  • Back, Hyungchung;Kang, Pilsung
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.37 no.4
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    • pp.42-53
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    • 2014
  • This study identifies influential factors for invigorating the public management office (PMO) system for system integration (SI) projects in public sectors and analyzes the priority of each factor from the point of different stakeholders, i.e., owners, SI company, and PMO. Based on the literature review, four first-level influential factors are identified: legal system maintenance, owner's capability, SI company's capability, and PMO's capability. Among them, the PMO's capability is determined as the most critical factor by all the stakeholders. Among the second-level influential factors, the capabilities of professional engineers and project managers are considered as important among the PMO's capability, whereas the reasonable consulting fee is considered as the most critical factor among the legal system maintenance. With respect to each stakeholder, project management capability is considered as the most important factor for owners, while the reasonable consulting fee is considered as the most important factor for PMO.

The Actuality and Legal Subject of foreign investment to Chinese Medical Market (중국(中國) 의료시장(醫療市場)에 대한 외국인투자현황(外國人投資現況)과 법적(法的) 과제(課題))

  • Jin, Cheng-Hua
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.311-330
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    • 2006
  • As issues of education, employment and so on, the medical issue is one of the hot spots of society in China today. The health system reform which was pushed ahead after China's Revolution and open to the outside world hasn't received great progress. Many actual problems haven't been solved, for example it is difficult and expensive to see a doctor. With the development of the economy and society, the citizen's legal consciousness has gradually risen. They make a claim for better medical service. At the same time, the number of the disputes of medical care arises annually. China has sped up the opening of service trade for fulfilling promises of entry the WTO since 2001. China has already opened many service trade fields, including medical field. From the domestic perspective, there are many problems in domestic medical department. From the international perspective, China's present medical level falls behind the world advanced medical level. Under this background, it is a bold act for China to open the medical service field to foreign investors. Today, a huge medical service market is developed in China. However, the government's investment to medical devices and the financing channels is limited. Therefore, it is inevitable that individuals, social organizations and foreign investors invest to the medical market. In view of the situation, Chinese government issued a series of relevant laws and rules. In recent years, many multinational companies, consortiums, charitable institutions, enterprises and individuals establish various medical institutions in China. But there are rare research in the actuality and legal subject of foreign investment to Chinese medical market. Hence, it is necessary to realize the actuality of foreign investment to Chinese medical market, to familiar with the elements and procedure of establishing foreign joint and cooperative medical institution. Meanwhile, analyzing the existing problems and posing the legal subject have important theoretic and practical value.

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Is the Legal Basis for Physical Therapist's Home-Based Rehabilitation Appropriately Prepared?

  • Kim, Won-Su;Shin, Jun-Bum;Yun, Hye-Lyeong
    • The Journal of Korean Physical Therapy
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    • v.32 no.4
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    • pp.258-265
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    • 2020
  • Purpose: This study examined the legal basis related to a physical therapist's home-based rehabilitation. Methods: The policy data were referenced to the comprehensive plan for national health promotion and the guidebook Community Health Promotion Project issued by the Korea Health Promotion Institute and other institutes. The legal data were referenced to the Bill information system on the National Assembly website. Results: The physical therapist's home-based rehabilitation did not have a legal basis in the community-based rehabilitation project (CBR) of the HP 2020 project. On the other hand, according to the Home health care part of the community health promotion project that began in 2013, physical therapists were allowed to play a role from 2020 under Article 16-2 (Public Officials in Exclusive Charge of Visiting Health Management) of the REGIONAL PUBLIC HEALTH ACT. Conclusion: Policies and laws are being developed in the field of healthcare, but the necessary policies and laws in the field of rehabilitation are still insufficient. A bill to rehabilitate in a variety of fields and spaces by modifying the scope of work of physical therapists will be needed.

Survey of Bedrock Quality and Suitable Site for Crushed Stones using GIS in the Wondeung Area (GIS를 이용한 원등일대의 기반암품질과 골재개발적지 분석)

  • Lee, Jin-Young;Yang, Dong-Yun;Kim, Ju-Yong;Hong, Sei-Sun;Yun, Hyun-Soo
    • Journal of Korean Society for Geospatial Information Science
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    • v.13 no.4 s.34
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    • pp.47-58
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    • 2005
  • Investigation of bedrock quality and the legal restriction for developing the aggregate resources were carried out with GIS in the Wondeung area Gokseong-gun, Jeollanam-do province. Firstly, we surveyed the exposed bedrocks in the field and examined in physical properties in the lab. Secondly we analyzed the legal restriction by using GIS based on bufferzone and viewshed analysis. At the results of this study, the area can be used totally as the crushed stones. However the suitability sites of crushed stone have various regulations. So the legal restriction is the principal standard to develop the crushed stone in the Wondeung area. Suitable site for crushed stones are about 30% in the Wondeung area.

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The Analysis of the Change Process of Fisheries Track's High School Curriculum: Focusing on the 5th-7th Revised National Curriculum (수산계열 고등학교 교육과정의 변천과정 분석 - 제5차에서 제7차 교육과정을 중심으로 -)

  • Park, Chang-Un;Ju, Dong-Beom
    • Journal of Fisheries and Marine Sciences Education
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    • v.22 no.1
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    • pp.25-37
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    • 2010
  • This study was attempted to analyze the change process of fisheries track's high school curriculum related with the 5th-7th revised national curriculum. To accomplish this goal, the nature and goals of fisheries track's high school were reviewed. First, it was found that the fisheries track's high school was classified into three groups; high school for special goal, characterization, and industry. And the goal of fisheries track's high school was designated to harmonize the general education and vocational education in high school goal. Second, the legal basis and system of national curriculum in fisheries track's high school were discussed. The legal basis of national curriculum in fisheries track's high school was prescribed to the 'Elementary and Secondary Education Act'. The system of national curriculum was composed the general guideline and subjects. Third, the change process of fisheries track's high school national curriculum was discussed. The system of decision, general guideline, and subjects in fisheries track's high school national curriculum were seemingly to be studied on the basis of the autonomy or diversity. In conclusion, the concrete content of fisheries track's high school national curriculum was not changed compared to the 5th-7th revised curriculum.

A Study on the Punishment of Unlicensed Medical Practice -Focusing on Collaboration between Medical and Non-medical Personnel- (무면허 의료행위 처벌에 관한 고찰 -의료인과 비의료인의 협업관계를 중심으로-)

  • Yoon, Suh-Young
    • The Korean Society of Law and Medicine
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    • v.23 no.3
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    • pp.117-137
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    • 2022
  • Today, the medical system is changing into a comprehensive health care system in which collaborative relationships between medical professionals and non-medical personnels in neighboring occupational areas. The current medical act brands such "collaboration" as unlicensed medical practice, and punishes non-medical personnel who acted in the risk management of doctors as well as doctors collaborated with non-medical personnel as unlicensed medical practice. In order to narrow the gap between the legal system that regulates unlicensed medical practices and the medical reality, it is necessary to overcome the structural limitations of dualistic, nationalistic, and identity-oriented regulation of unlicensed medical practices. The legal interests of unlicensed medical practice have a dual nature as a personal legal interest of "human life and body" as well as a national legal interest of "maintenance and protection of the nation's medical license system", and it should be noted that the criteria for judging the legal interests protected by the regulations of criminal punishment should be found in "personal legal interest theory." In addition, when determining which behavior is a medical practice and evaluating its risk, the dimension of behavior and measures should be considered in a fair manner without being biased against the subject (identity) of the action. In other words, judging unlicensed medical practice should depend on whether the risk of side effects that may result from the act is reasonably managed. Considering the prospect of therapeutic dialogue between medical professionals and patients, it would be desirable for medical law policies to move in a way that does not fundamentally block the possibility of collaboration among pluralistic medical personalities.

A Study in the legal standards of healthcare facilities in Korea, China, and Japan (한국·중국·일본의 의료시설 법적기준과 그 변화 과정에 관한 연구)

  • Cho, Junyoung;Lei, Qingyun;Yang, Naewon
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.26 no.4
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    • pp.39-47
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    • 2020
  • Purpose: Korea, China, and Japan can be seen as a geopolitical community that has developed through various relationships in terms of history. However, nowadays, it seems that they are pursuing different societal goals resulting from the difference in political and social systems, demographic structures, and economic situations. The law provides the minimum standards for people's lives in the direction that the society pursues. Therefore, the aim of this study is to examine the architectural differences in medical facilities and their causes comparing the legal standards of medical facilities in Korea, China, and Japan. Methods: The subject of the study is Korea, China, and Japan's legal standards of facilities corresponding to the Korean medical service act; enforcement decree of medical service act; and enforcement rules of medical service act. The scope of the study is as follows: First, the facilities standards and the reason for the revision of the standards after the 1950s when the current system of each country was established are investigated and thus the changing trends of the facilities standards that each country has pursued are analyzed. Second, the range and level presented by the current facilities standards of each country are compared and the differences are analyzed. Finally, cases in which the differences in the legal facilities standards are reflected in the actual design are compared and the effect of the facilities standards of medical facilities on the architectural plan is identified. Results & Implications: Each country differs in the legal standards of facilities because of changes in demographic structure and experience of disease. Moreover, it is identified that differences in social operating systems, especially in the operating methods of medical facilities, affect the range and level enforced by the facility standards. When investigating and researching foreign standards of facilities and cases for foreign medical facilities, it is required that they should be analyzed in consideration of the social and cultural aspects of each country.

Research on the prevention of legal dispute over 119 rescue team (119구급대의 법적분쟁 예방에 관한 연구)

  • Lim, Jae-Man
    • The Korean Journal of Emergency Medical Services
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    • v.13 no.1
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    • pp.19-33
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    • 2009
  • Purpose : To check the legal relation between rescue team and patient as well as legal responsibility for patient's damage intentionally or erroneously caused by rescue member, a public official, in the performance of relevant job ; to prevent legal dispute over rescue team and to present program for fair settlement of dispute and equitable and feasible burden of damage. Method : First, the legal principle of Civil Law, Criminal Law and Administrative Law related to the theme of this research will be investigated around research by literature. Second, the case of dispute related to rescue team will be introduced. Result: 1. If 119 rescue members as a public official intentionally or erroneously cause damage to patient in the performance of job, they shall bear civil, criminal and administrative responsibility. They shall bear civil responsibility for indemnity for damage due to default or tort. The typical criminal responsibility includes accidental homicide arising out of duty, preparing falsified official document, dereliction of duty, etc. In the administrative side, the state is responsible for indemnity for peculiar status of the rescue member, public official. 2. Though raising civil petition or legal dispute over unsatisfactory rescue service may be reasonable to guarantee the right of nation, such action may cause stress to rescue member as well as may lead to mental shrinking and defensive attitude only to take the basic first aid treatment which has low possibility of mistake instead of active first aid treatment so as to avoid legal responsibility. 3. The program that may prevent legal dispute over 119 rescue team includes expansion of manpower specialized in first aid treatment, enhancement of education on legal environment, development and application of standard job guideline, formation of mutual trust with patient, detailed explanation, preparing and keeping minute record, improvement of the rescue members' ability of first aid treatment and development of medical instruction mode. Conclusion : The best policy is to prevent legal dispute. If it is impossible to basically exclude the possibility of dispute, however, we need to make effort to minimize the occurrence, settle fairly and divide damage equitably and feasibly. To improve the preventible death rate of our first aid system to the level of advanced country, 119 rescue team which is in charge of the stage before hospital needs to positively enforce special first aid by improving the qualitative level of rescue service and to strive to prevent legal dispute that may occur in the process.

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