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

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Legal Issues on the Collection and Utilization of Infectious Disease Data in the Infectious Disease Crisis (감염병 위기 상황에서 감염병 데이터의 수집 및 활용에 관한 법적 쟁점 -미국 감염병 데이터 수집 및 활용 절차를 참조 사례로 하여-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.29-74
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    • 2022
  • As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.

Current Situation and the Forecast of the Supply and Demand of the Nursing Workforce in Korea (우리나라 간호인력 수급 현황 및 향후 전망)

  • Kim, Boon Han;Chung, Bok Yae;Kim, Jin Kyung;Lee, Ae-Young;Hwang, Seon Young;Cho, Joon Ah;Kim, Jung A
    • Korean Journal of Adult Nursing
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    • v.25 no.6
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    • pp.701-711
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    • 2013
  • Purpose: The plan proposed by the Ministry of Health and Welfare in 2012 did not reflect the position of nurses and focused only on how to increase the number of nurses. There is a need for coming up with a specific and viable alternative plan considering the qualitative aspect of nursing, delegation of nursing tasks, the in-death analysis of the reasons for leaving the nursing profession, and the legal standards based on varying nursing tasks. Methods: Drawing on a review of existing literature, this report was written to examine policy directions and the factors that influence the institutional environment that regulates the supply and demand of the nursing workforce in Korea. Results: Implementing the government's plan for introducing a new type of nurse, the registered practical nurse, which generally requires a two-year associate's degree, must be reconsidered. Also, a concrete plan to make use of unemployed nurses and to close the salary gap between nurses working at hospitals in cities and those working at hospitals in rural areas must be prepared. Furthermore, there is a need for introducing a new rating system aimed at boosting the quality of nursing care in small-and medium-sized hospitals, thereby increasing the number of nursing professionals who provide high quality care. Conclusion: In preparation for expected poor quality of care and looming unemployment crisis due to the increase in the number of nursing professionals, a practical and concrete plan for the supply and demand of the nursing workforce should be made. The Korean Nurses Association should mount a profession-wide campaign to make the government formulate a new and viable policy on the supply and demand of the nursing workforce.

International Social Cooperative Case Study -Italy, Canada, and France- (해외 사회적 협동조합 사례연구 -이탈리아, 캐나다 및 프랑스-)

  • Du, Cheng-Lin;Chang, Sug-In;Jin, Jae-Keun;Lee, Nam-Gyum
    • Industry Promotion Research
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    • v.5 no.1
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    • pp.137-147
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    • 2020
  • Social co-operatives, which are working positively to realize the economic and social purpose of being carried out directly through products and services producing the public interest, are steadily expanding under the public interest mission of social co-operatives. It has important theoretical and practical significance to study the model of social co-operatives tailored to the local situation in Korea based on international experience. This study looks at the international status of social co-operatives, international cases, and puts forward problems and suggestions centering on cases of advanced countries. It sought to find a solution to what society required only by solving the problems necessary for sustainable economic growth. In order to achieve the objectives of this study, the social cooperatives of advanced countries, such as Italy, Canada, and France, were organized, compared and analyzed. The study found that the implications of co-operatives in Italy, France and Canada are as follows. First, it is needed to adhere to the principles of co-operatives in pending issues such as social problems and employment and jobs in the community. Second, it is necessary to establish a supportive financial system for the cooperative's initial stability and sustainability. Third, the ecosystem of co-operatives should be formed to support and foster legal systems and network organizations.

International Comparison of Re-start up Support system for Failed Businessmen (실패기업인의 재창업지원 제도에 관한 국제비교연구)

  • Kim, Hyung-Ho;Yoon, Heon-Deok
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.10 no.6
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    • pp.235-252
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    • 2015
  • The Korean government is building a virtuous cycle of startups and venture businesses for a dynamic, innovative economy. This ecosystem is made possible when a social environment that embraces tolerance and turn business failure into re-startups and challenging venture startups by outstanding entrepreneurs are present. Due to the government's efforts to promote start-ups and venture businesses, their number has been increasing annually, but the efforts to create a social environment for re-startups and establish a relevant institution have recently started. This study is aimed at providing policy direction for re-startups by getting policy implications after identifying the current status of domestic failed businessmen' re-startups based on previous researches on failed businessmen. This study also reviewed advanced nations' cases and made international comparison of re-startup policies. Before the startup culture that recognizes failure as the stage for success is formed as in the U.S., it is necessary to create a legal basis for continuously pushing for the rechallenge policy of EU's Small Business Act and establish and operate the private sector-driven revitalization council of SMEs in Japan. It is also necessary to consider the guarantee of failed businessmen' livelihood. If additional research and government policies are added to the conclusions made on the policy implications, this research will provide an in-depth insight for revitalizing domestic re-startup.

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Mass Media's Social Responsibility and Accountability: Focusing on Hutchins Report(1947) and Media Normative Theory (매스미디어의 사회적 책임과 어카운터빌리티: 허친스 보고서(1947)의 재고할 및 규범이론으로의 변천과정을 통해 본 현재적 의의와 과제)

  • Jung, Soo-Young
    • Korean journal of communication and information
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    • v.47
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    • pp.23-49
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    • 2009
  • The purpose of the study is to suggest contents, and a range of a Nonnative Theory and a practice for overcoming a crisis of the Mass media. In order to achieve the purpose of the study, a limitation and implication of Social Responsibility Theory was looked into by investigating a Hutchins Report. Hutchins Report suggested the related points at moral duty and legal obligation in implementing mass media's Social Responsibility and Accountability, with relations in publics and community. However, within a view point of a lack of Accountability, Social Responsibility Theory limited responsibility to the realm of 'function', 'self-regulation' and 'self-ethics', In order to promote mass media's quality and serve to rehabilitate its reliability under the pluralistic media system, the contents of Social Responsibility and its scope should be suggested. Media Accountability is a starting point to draw out the contents and scope of Social Responsibility and also a valid democratic plan for mass media to 'social self-regulation' through the mutual communication with civil society. For future Social Responsibility and Media Accountability that is suitable for various mass media, and contents and a range should be defined.

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State's Duty to Manage Pandemic Diseases and the Role of Institutional Review Boards (국가의 팬데믹 감염병 관리 의무와 기관생명윤리위원회의 역할)

  • Park, Hyoung Wook
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.37-55
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    • 2021
  • On March 19, 2021, the Korean Bioethics Association and related academic circles published a joint statement criticizing the partial revision of Infectious Disease Control And Prevention Act. However, according to the Bioethics And Safety Act of Korea, research conducted by the state or local governments for public welfare is excluded from human subjects research project. In addition, since the Korean legal system is not based on the dichotomy between research and surveillance, the discussion of the US Common Rule cannot be directly applied to Korea. For the harmonious operation of the state's duty to manage infectious diseases and the Institutional Review Boards, institutional alternatives should be prepared in consideration of the following issues. First, the related academic community should first pay attention to the problems of the current laws in Korea. Second, it should be understood that the state is carrying out many tasks without the consent of the parties in order to fulfill its duty to manage infectious diseases. Third, when presenting institutional alternatives, it is necessary to consider the feasibility of implementation in Korea. An in-depth discussion of the institutional alternatives by the Medical Law Society and other related academic circles is necessary.

Analysis of major issues in the field of Maritime Autonomous Surface Ships using text mining: focusing on S.Korea news data (텍스트 마이닝을 활용한 자율운항선박 분야 주요 이슈 분석 : 국내 뉴스 데이터를 중심으로)

  • Hyeyeong Lee;Jin Sick Kim;Byung Soo Gu;Moon Ju Nam;Kook Jin Jang;Sung Won Han;Joo Yeoun Lee;Myoung Sug Chung
    • Journal of the Korean Society of Systems Engineering
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    • v.20 no.spc1
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    • pp.12-29
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    • 2024
  • The purpose of this study is to identify the social issues discussed in Korea regarding Maritime Autonomous Surface Ships (MASS), the most advanced ICT field in the shipbuilding industry, and to suggest policy implications. In recent years, it has become important to reflect social issues of public interest in the policymaking process. For this reason, an increasing number of studies use media data and social media to identify public opinion. In this study, we collected 2,843 domestic media articles related to MASS from 2017 to 2022, when MASS was officially discussed at the International Maritime Organization, and analyzed them using text mining techniques. Through term frequency-inverse document frequency (TF-IDF) analysis, major keywords such as 'shipbuilding,' 'shipping,' 'US,' and 'HD Hyundai' were derived. For LDA topic modeling, we selected eight topics with the highest coherence score (-2.2) and analyzed the main news for each topic. According to the combined analysis of five years, the topics '1. Technology integration of the shipbuilding industry' and '3. Shipping industry in the post-COVID-19 era' received the most media attention, each accounting for 16%. Conversely, the topic '5. MASS pilotage areas' received the least media attention, accounting for 8 percent. Based on the results of the study, the implications for policy, society, and international security are as follows. First, from a policy perspective, the government should consider the current situation of each industry sector and introduce MASS in stages and carefully, as they will affect the shipbuilding, port, and shipping industries, and a radical introduction may cause various adverse effects. Second, from a social perspective, while the positive aspects of MASS are often reported, there are also negative issues such as cybersecurity issues and the loss of seafarer jobs, which require institutional development and strategic commercialization timing. Third, from a security perspective, MASS are expected to change the paradigm of future maritime warfare, and South Korea is promoting the construction of a maritime unmanned system-based power, but it emphasizes the need for a clear plan and military leadership to secure and develop the technology. This study has academic and policy implications by shedding light on the multidimensional political and social issues of MASS through news data analysis, and suggesting implications from national, regional, strategic, and security perspectives beyond legal and institutional discussions.

A Study on the Effective Guarantee of the Right to Portability of Personal Health Information (개인건강정보 이동권의 실효적 보장에 관한 연구)

  • Kim, Kang Han;Lee, Jung Hyun
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.35-77
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    • 2023
  • As the amendment to the Personal Information Protection Act, which newly established the basis for the right to request transmission of personal information, was promulgated through the plenary session of the National Assembly, MyData, which was previously applied only to the financial sector, could spread to all fields. The right to request transmission of personal information is the right of the information subject to be guaranteed for the realization of MyData. However, since the right to request transmission of personal information stipulated in the Personal Information Protection Act is designed to be applied to all fields, not a special field such as the medical field, it has many shortcomings to act as a core basis for implementing MyData in Medicine. Based on this awareness of the problem, this paper compares and analyzes major legal trends related to the right to portability of personal health information at home and abroad, and examines the limitations of Korea's Personal Information Protection Act and Medical Act in realizing Medical MyData. Under the Personal Information Protection Act, the right to request transmission of personal information is insufficient to apply to the medical field, such as the scope of information to be transmitted, the transmission method, and the scope of the person obligated to perform the transmission, etc.. Regulations on the right to access medical information and transmission of medical records under the Medical Act also have limitations in implementing the full function of Medical My Data in that the target information and the leading institution are very limited. In order to overcome these limitations, this paper prepared a separate and independent special law to regulate matters related to the use and protection of personal health information as a measure to improve the legal system that can effectively guarantee the right to portability of personal health information, taking into account the specificity of the medical field. It was proposed to specifically regulate the contents of the movement and transmission system of personal health information.

Characterizing Business Strategy in a New Ecosystem of Big Data (빅데이터 산업 활성화 전략 연구)

  • Yoo, Soonduck;Choi, Kwangdon;Shin, Sungyoung
    • Journal of Digital Convergence
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    • v.12 no.4
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    • pp.1-9
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    • 2014
  • This research describes strategies to promote the growth of the Big Data industry and the companies within the ecosystem. In doing so, we identify the roles and responsibilities of various objects of this ecosystem and Big Data concepts. We describe the five components of the Big Data ecosystem: governance, data holders, service users, service providers and infrastructure providers. Related to the Big Data industry, the paper discusses 13 business strategies between the five components in the ecosystem. These strategies directly respond to areas of research by the Big Data industry leading experts on its early development. These strategies focus on how companies can gain competitive advantages in a growing new business environment of Big Data. The strategy topics are as follows: 1) the government's long term policy, 2) building Big Data support centers, 3) policy support and improving the legal system, 4) improving the Privacy Act, 5) increasing the understanding of Big Data, 6) Big Data support excavation projects, 7) professional manpower education, 8) infrastructure system support, 9) data distribution and leverage support, 10) data quality management, 11) business support services development, 12) technology research and excavation, 13) strengthening the foundation of Big Data technology. Of the proposed strategies, establishing supportive government policies is essential to the successful growth of thee Big Data industry. This study fosters a better understanding of the Big Data ecosystem and its potential to increases the competitive advantage of companies.

A Study on Regulatory Law for Management System of Combined Medical Device (결합 의료기기 관리제도의 규제관련 법률에 관한 연구)

  • Choi, Yong Jun;Choi, Mi Lim;Lee, Jeong Chan;Jung, Yong Gyu
    • Journal of Service Research and Studies
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    • v.4 no.2
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    • pp.1-10
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    • 2014
  • According to recent trends in technological advances and globalization, medical device industry may improve the constitution to meet worldwide medical equipment management system. Also it is holding a strand of mitigation to reach the level of international regulation. In addition, recent legislation tends are to stay limited ranges of industry regulations at least and take as open attitude for integration of new technologies combined medical devices. A greater environmental risk is not likely to work in medical technology, Combinded medical device is used as close to zero risk in most of the human body, which is classified as Class 1. Even medical device such as little or no risk in handling, it is possible to minimize the unnecessary administrative power and a waste of time to occur. For the medical device may be improving people's choices and access, medical equipment operator is expanding to include dealers, because this will be exalted to particular area of the business of the company. In this paper, we investigate the legal prerequisites for the establishment of a medical device. And propose improved regulations in topics in order to facilitate the repair and distribution markets for fair trade.

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