• 의료법학
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• 제13권1호
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• pp.295-329
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• 2012

A medical malpractice case requires special legal protection, considering its characteristics, such as seriousness and long term effects of its damages, medical information asymmetry between practitioners and patients, and difficulties in realization of liability. Taking the points above into consideration, Medical Malpractice Arbitration Act of 2012(MAA) has legislative intent to protect the rights of the injured from medical malpractice, while protecting the stability of medical practice by providing arbitration as an alternative dispute resolution. However, constitutional review is required for one new scheme of compensation for medical injuries during delivery, which is implemented in MAA of 2012, especially with regard to freedom to exercise occupation, property, equality under the Constitution. Two important aspects are 1. according to the law, absolute liability applies to compensation for damages during delivery without negligence of practitioners; and 2. the practitioner bears some portion of the cost, 30% in the law above. This article aims to analyze this new institution in various aspects of the Constitution, and, as a result, it does not comply with constitutional criteria.

• 한국학교보건학회지
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• 제35권3호
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• pp.84-91
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• 2022

Purpose: This study aimed to identify the problems and improvement areas by reviewing the laws related to kindergarden healthcare workers. Methods: The laws were searched at the Korean law information center (https://www.law.go.kr/). We reviewed the 「Early Childhood Education Act」, 「School Health Act」, 「Medical Service Act」, 「Elementary and Secondary Education Act」and their enforcement decrees and rules. Results: The legal role of health teachers as school healthcare professionals was comprehensively specified by the 「School Health Act. However, the qualifications for and roles of health teachers were not fully described in 「Early Childhood Education Act], indicating a unclear legal basis for the qualifications for and roles of kindergarten health teachers. To support healthcare workers in kindergartens, it is necessary to amend the 「Early Childhood Education Act」 that provides the guidelines for qualifications for kindergarten health teachers in elementary, secondary, and special schools who have completed necessary continuing education. A health hub kindergarten could be a step-by-step option for all kindergartens to have healthcare workers. Conclusion: This review demonstrated the importance of amending the laws on kindergarten health teachers and health hub kindergartens for child health and safety. These findings could be used to support policies related to kindergarten healthcare workers.

• 한국컴퓨터정보학회:학술대회논문집
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• 한국컴퓨터정보학회 2017년도 제55차 동계학술대회논문집 25권1호
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• pp.103-104
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• 2017

최근들어 보험사기로 인한 피해가 날로 극심해지고 있다. 이러한 보험사기로 인한 피해를 예방하고 억제하기 위해 오랜시간 논의를 해왔으며, 결국 보험사기방지 특별법을 제정하여 2016. 9. 30. 시행하였다. 그러나 단지 이러한 특별법 시행만으로는 보험사기로 인한 폐해를 완전히 해결할 수 없다. 따라서 특별법 시행으로 인한 현실적인 보험사기 억제효과를 살펴보고 이에 대한 문제점을 분석하여야 한다. 이에 본 연구에서는 보험사기방지 특별법 시행으로 인한 효과에 대하여 현실적으로 살펴보고, 이에 대한 문제점을 모색한 후 개선방안을 제시해 보고자 한다.

• 대한건축학회논문집:계획계
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• 제34권10호
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• pp.13-23
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• 2018

"Special Act on the Rocal Collaborative Development", proposed by Seoul in late 2015, aims to promote win-win cooperation between local economic players and the development of local communities. However, since it is not possible to ensure its effectiveness by signing a local collaborative agreement, the rights and duties granted to the Parties to the Convention shall be more clearly defined. In addition, it is feared that the application of a uniform standard to businesses that wish to restrict the operation within the local collaborative development zone could prevent the operation restriction based on local characteristics. Accordingly, based on the FBR system in the U.S., it is possible to define the business as a "uniform store" and to determine the possibility of a uniform store to be sold through zoning plans in the region by the Local Collaborative Community Council.

• 한국IT서비스학회지
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• 제10권4호
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• pp.21-32
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• 2011

The recently revised "Telecommunications Business Promotion and Personal Data Protection Act" is an important legal milestone in promoting the Korean telecommunications infrastructure and industry as well as protecting individuals' personal data and individuals' rights to privacy. Special characteristics of information security and privacy protection services including public goods' feature, adaptiveness, relativity, multi-dimensionality, and incompleteness, are reviewed. The responsibility of chief security/privacy officers in the IT industry, and the fairness and effectiveness of the criminal negligence in the Telecommunications Act are analyzed. An assessment of the rationale behind the act as well as a survey of related laws and cases in different countries, offers the following recommendations : i) revise the act and develop new systems for data protection, ii) grant a stay of execution or reduce the sentence given extenuating circumstances, or iii) use technical and managerial measures in data protection for exemption from criminal negligence.

• 자동차안전학회지
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• 제13권4호
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• pp.81-91
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• 2021

Last year, the Autonomous Vehicle Act was enacted to respond to deployment of autonomous vehicles. But the Act stipulates the operation of autonomous vehicle pilot zones, In addition, in order to analyze autonomous vehicle accidents and establish a reasonable damage compensation system, the Automobile Damage Compensation Guarantee Act was revised. But, It is necessary to seek plans for institutional development such as detailed concepts of self-driving cars and driving, a security certification system for securing safety of autonomous cooperative driving, and enhancement of the effectiveness of special cases related to personal information processing. I would like to seek ways to improve the legal system to respond reasonably to the deployment of autonomous vehicles.

• 한국대기환경학회:학술대회논문집
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• 한국대기환경학회 2005년도 추계학술대회 논문집
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• pp.80-82
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• 2005

• 과학기술학연구
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• 제19권2호
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• pp.41-83
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• 2019

정부 부처별로 제각각 시행되어온 국가연구개발사업들을 종합적으로 운영할 수 있는 법적 근거를 마련한다는 취지하에 (가칭)국가연구개발특별법의 제정이 최근 논의되고 있다. 본 논문은 이와 유사한 목적으로 2001년에 제정된 과학기술기본법의 입법 과정을 분석한다. 특히 제정 이전에 제안됐던 다양한 법안들이 경쟁하는 과정에서 주요 쟁점은 무엇이었으며, 반대로 논쟁없이 수용된 요소는 무엇이었는지를 주목함으로써, 본 논문은 다음과 같은 두 가지 주장을 제시할 것이다. 첫째, 각 부처별 국가연구개발사업들의 역사를 고려할 때, 범부처적으로 적용될 수 있는 단일 규정을 마련하고자 하는 시도는 자칫 정반대의 결과를 낳을 수 있다. 둘째, 과학기술기본법의 제정은 비록 범부처적 관리 규정의 마련으로 이어지지 못했지만, 제정 과정에서 논쟁없이 도입된 "국가경쟁력(national competitiveness)"과 "국가혁신체제(national innovation system)"라는 개념은 국가연구개발사업들에 어떤 일관적인 방향성을 부여하고 있다. 과학기술기본법의 입법 사례는 (가칭)국가연구개발특별법의 입법을 둘러싸고 진행 중인 현재의 논의들이 앞으로 어떻게 전개될지를 어렴풋하게나마 가늠하고, 더 나아가 우리가 간과했던 논점이 무엇이었는지를 성찰할 수 있는 창이 될 것이다.

• Journal of applied mathematics & informatics
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• 제26권5_6호
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• pp.983-989
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• 2008

The purpose of this paper is to continue the investigation of monoids over which various properties of acts happen to coincide. Special concern is to characterize monoids by regular right acts. In particular there are given some characterizations of monoids over which all right acts that satisfy condition (E)(or condition (P)) are regular.

• 한국농촌건축학회논문집
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• 제19권2호
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• pp.1-8
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• 2017

The purpose of this study is to examine the policy direction and execution plans of the Japanese central and local governments for the use of vacant houses after the enactment of the "Special Act on Vacant Houses." It also seeks to provide suggestions for establishing vacant house policies in Korea by identifying the characteristics of the Japanese policies, and to suggest policy alternatives that can contribute to environmental improvement and regional revitalization through the use of vacant houses. For this purpose, we examined Japan's "Special Act on Vacant Houses," the process of establishing vacant house policies in the Japanese central and local governments, and the contents and direction of these policies. Below are the results of this study. First, the Japanese government revised mid to long-term policies related to housing after the enactment of the "Special Act on Vacant Houses", thereby providing ground for local governments to establish vacant house policies. Second, the government actively supported the operation and funding of related associations so that the private sector rather than the public sector could address vacant house problems. Third, the government subsidized administrative expenses such as cost of finding vacant house owners to prevent neglect of vacant houses, and showed its will to address vacant house problems by revising taxes such as property taxes and transfer income taxes. Fourth, the government has enacted distinct ordinances for each local government and made it possible to perform customized policies such as allowing residents and local stakeholders to participate in the establishment of vacant house policies. Fifth, the government made it possible to manage vacant houses efficiently by allowing the vacant house bank to provide all information related to the use of vacant houses. It is necessary for Korea's central and local governments to refer to these precedent cases and create efforts to reduce trial and error when establishing vacant house policies.