• 제목/요약/키워드: Statutes

검색결과 107건 처리시간 0.024초

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

  • 이인영
    • 의료법학
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    • 제9권1호
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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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안전기준 분류에 따른 효과적 안전관리 (Effective Safety Management by the Classification of Safety Standard)

  • 이현우;이영재
    • 한국방재안전학회논문집
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    • 제6권3호
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    • pp.35-42
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    • 2013
  • 본 연구는 다양한 안전사고와 관련된 법령들 간의 적용되고 있는 많은 안전기준을 분석하고 검토하여 사용자들이 활용할 수 있게 안전관리를 체계화하는 것이다. 안전관리를 체계화하기 위하여 안전기준체계를 일본, 미국, 독일 3개 국가의 기준체계를 살펴보고 안전관리(KOSAM) 개체관계도를 도출하였다. 개체관계도는 안전기준범위, 안전관리법령, 안전관리기준, 안전관리대상, 안전사고원인, 안전사고요인, 안전관리조직 개체들로 형성된다. 다음으로 각 개체들의 코드를 부여하였고 끝으로 개체관계도들 토대로 KOSAM 안전관리 조건검색화면을 설계하였다. 본 연구는 향후 안전기준 DB구축 및 안전관리 시스템개발 수행을 통해 안전기준 관리 및 운영에 대한 전반적인 향상을 가져올 것으로 판단된다.

범죄피해자 정보보호법제의 개선방안에 대한 연구 (Measures for Enhancing System of Crime Victim's Information Protection)

  • 이권철
    • 한국콘텐츠학회논문지
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    • 제16권10호
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    • pp.175-187
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    • 2016
  • 정보화시대에 있어 개인정보보호는 매우 중대한 의미를 갖는다. 그 중에도 범죄피해자정보는 가해자에게 누설될 경우 보복범죄로 신변안전이 위협되거나 불특정다수에게 누설될 경우에는 정서 및 심리적인 측면에서 2차 피해가 발생한다는 점에서 보호의 필요성이 더욱 크다. 피해자정보 보호규정은 형사소송법, 특정 범죄신고자 보호법과 성범죄피해자 보호를 위한 각 법률 등에 산재하고 있다. 기존의 연구는 개별법의 정보보호에 국한하여 그 내용이 논의되었기에 통합적으로 보호법제의 문제점을 분석하고 개선방안을 제시하는 연구가 요청된다. 이 필요성에서 출발한 본 연구는 광범위한 정보열람주체, 기재생략 및 신원관리카드 활성화 규정의 미흡, 위법정보공개에 대한 부적절한 처벌수준 등을 우리 법제상의 문제점으로 분석하였다. 이후 개선방안 도출의 시사점을 얻기 위하여 해외선진법제의 규정을 간략히 검토하였고 이와 같은 과정을 거쳐 개선방안을 법규정의 측면과 실무 측면으로 나누어 도출하고 제시하였다.

주주집단소송의 대체수단으로서의 중재 (Arbitration as a Means to Replace Shareholder Class Action)

  • 김연호
    • 한국중재학회지:중재연구
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    • 제11권1호
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    • pp.75-93
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    • 2001
  • The advantages of arbitration such as promptness, economy and flexibility apply to the disputes arising from corporate governance between shareholders and a corporation. The confidentiality of arbitration can be particularly highlighted in the disputes among the members inside corporation. But it appears that the shareholders believe litigation the best way to pursue liabilities of managers of corporation and improve the system of corporate governance. And it is claimed that the current litigation system lacks the implementation of shareholders rights due to structural deficiency and therefore need bring class actions into the system of Korean jurisprudence. The OECD, which afforded the rescue finances to Korea, also recommended shareholder class actions as a way to improve corporate governance. Class actions have merits but even advanced countries consider the changes of existing system or only stay class actions in the stage of discussion. Rather, legal experts urge arbitration to be used more frequently and the Courts also approved the dispute resolutions of the disputes as to corporate governance through arbitration. There is no report in Korea that arbitration was used to resolve the disputes between shareholders and the managers, or between shareholders and corporation, which is listed in the Stock Market. There only are the debates for bring class actions into the judicial system between NGOs and the organizations of corporate managers. But arbitration has greater advantages in resolving the disputes among the members of corporation that any other methods for dispute resolution. Arbitration can interpret flexibly the mandatory provisions of the Statutes of Security and the Code of Commerce to meet the needs of parties involved, which is not possible to the Courts. Arbitration can issue the award to meet the equity of the parties. And arbitration can avoid a resolution of All or Nothing by fully considering the specific situations of Korean corporations(such as family-dominated management) and can issue the award beneficial to all parties of shareholders, managers and corporation. Thus it should be sought to resolve the disputes as to corporate governance through arbitration.

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항공우주 학연협력 현황과 전망 (Current Status and Outlook of the Institute-Academia Collaboration in Aerospace field)

  • 김종범
    • 항공우주산업기술동향
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    • 제6권2호
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    • pp.3-10
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    • 2008
  • 이명박 정부는 새로운 과학기술기본계획에서 지식기반경제 시대에 창의적 기초원천연구의 산실인 대학을 세계적 연구개발거점으로 육성하고, 학연 협력을 강화하는 것을 주요 내용으로 포함시키고 있다. 또한 출연(연)의 중장기 연구사업에 대학을 참여시켜 기초원천연구를 강화하고, 대학 출연(연) 공동연구 활성화를 꾀하고 대학과 출연(연) 간 인력 교류 활성화를 위한 법령을 정비하고 있다. 항공우주분야도 타 기술분야와 마찬가지로 대학의 혁신주체로서의 역할이 강조되고 있으며, 따라서 학-연 협력의 필요성이 증대하고 있다. 학연협력의 유형은 공동연구, 석박사인턴십, 교수-연구원 교류, 공동연구센터, 공동대학원 과정 등으로 나누어 볼 수 있으며, 미국, 브라질, 독일, 프랑스, 일본, 한국 등의 사례를 살펴보았다. 학연협력이 성공하기 위해서는 연구주제의 높은 상호의존도, 연구역량에 대한 상호신뢰, 풍부하고 유연한 자원능력이 요구되고 있다.

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국제천문 및 천체물리 올림피아드 현황과 기출문항에 대한 과학탐구 유형 분석 (PRESENT STATUS AND SCIENTIFIC FACTOR ANALYSIS ON ITS PAST PROBLEMS OF THE INTERNATIONAL OLYMPIAD ON ASTRONOMY AND ASTROPHYSICS)

  • 임인성;성현일;한인우;김유제;최승언
    • 천문학논총
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    • 제26권3호
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    • pp.89-101
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    • 2011
  • The International Olympiad on Astronomy and Astrophysics (IOAA) initiated by the Thailand Astronomical Society in 2007 is an annual competition for high school students. One of its aim is to enhance the development of international exchange in the field of school education in astronomy and astrophysics. This paper first provides the overview of the IOAA in terms of key regulations based on its statutes, history and current status. Secondly, the published syllabus of the IOAA is used for content analysis according to subject areas regarding the exam questions of the IOAA in theoretical, observational and data analysis parts from 2007 to 2010. Also, a scientific inquiry framework is applied to the same questions for assessment based on scientific inquiry in the cognitive aspect with two sub-classes of scientific knowledge and scientific reasoning. Among a dozen astronomy subject areas listed on the syllabus, the theoretical part of the IOAA makes more frequent use of the Sun, the solar system, properties of stars, and concept of time. In content knowledge, a factor of scientific knowledge, the IOAA questions, especially in the theoretical part have a lesser degree in difficulty than the IAO (International Astronomy Olympiad) exam questions for the same period whose degree in difficulty is comparable to college level. With regard to scientific reasoning, the IOAA questions tend to involve convergent rather than divergent thinking. Lastly, in light of these findings, discussions are given on the outcome of Korean participation in the previous IOAAs and ways to help better in preparing Korean students for future astronomy Olympiads.

실내체육관의 신재생에너지 공급의무비율에 따른 시스템 최적화 연구 (A Study on System Optimization according to the Supply Obligations Rate of New and Renewable Energy at an Indoor Gymnasium)

  • 박윤하;김윤호;원안나;황정하
    • 한국태양에너지학회 논문집
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    • 제35권6호
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    • pp.51-60
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    • 2015
  • In statutes on the promotion of distribution of new and renewable energy, which were revised in 2014, daylight system and fuel cell were added in addition to existing new and renewable energy sources. This study, therefore, aimed at setting up targets for the introduction of daylight system and analyzing the installation rate of new and renewable energy which can be provided by daylight system for the aggressive use of daylight system, thereby deducting the optimal combination ratio with other new and renewable energy sources. The results of the study are as follows. First, when a prism-shaped daylight system was installed to a round indoor gymnasium among domestic indoor gymnasiums, out of a supply obligations allotment rate of 15% of new and renewable energy, the rate of daylight system was basically set at 2.5%. Second, therefore, with daylight system coming first, the lacked supply obligations rate was taken up by solar photovoltaic, solar heat and geothermal heat. In addition, using the KRESS Program, economic, technical, environmental and complexity evaluations for the upper 5% was made, deducting the optimal ratio of the system. The results produced the following optimal combination ratios: solar photovoltaic (83.3%) in economic evaluation, solar heat (8.3%) and geothermal heat (75%) in technical evaluation, solar photovoltaic (83.3%) in environmental evaluation, and solar photovoltaic (83.3%, the same as in economic evaluation) in complexity evaluation.

공간최적화 모델을 활용한 환경계획의 공간화 방안 (Suggestion for Spatialization of Environmental Planning Using Spatial Optimization Model)

  • 윤은주;이동근;허한결;성현찬
    • 한국환경복원기술학회지
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    • 제21권2호
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    • pp.27-38
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    • 2018
  • Environmental planning includes resource allocation and spatial planning process for the conservation and management of environment. Because the spatialization of the environmental planning is not specifically addressed in the relevant statutes, it actually depends on the qualitative methodology such as expert judgement. The results of the qualitative methodology have the advantage that the accumulated knowledge and intuition of the experts can be utilized. However, it is difficult to objectively judge whether it is enough to solve the original problem or whether it is the best of the possible scenarios. Therefore, this study proposed a methodology to quantitatively and objectively spatialize various environmental planning. At first, we suggested a quantitative spatial planning model based on an optimization algorithm. Secondly, we applied this model to two kinds of environmental planning and discussed about the model performance to present the applicability. Since the models were developed based on conceptual study site, there was a limitation in showing possibility of practical use. However, we expected that this study can contribute to the fields related to environmental planning by suggesting flexible and novel methodology.

필리핀의 2004년 대체적 분쟁해결법 소고 - UNCITRAL 모범법의 수용과 관련하여 - (An Overview of the ADR Act of 2004 in the Philippines - Focused on the Adoption of the UNCITRAL Model Law -)

  • 김선정
    • 한국중재학회지:중재연구
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    • 제19권2호
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    • pp.197-227
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    • 2009
  • This study describe the brief history and current statutes of Philippine arbitration. The practice of arbitration in the Philippines can be traced as far back as the barangay. From 1521, Spanish Civil Code became effective in the Philippines. During this period, the Supreme court was discouraged by the tendency of some courts to nullify arbitration clauses on the ground that the clauses ousted the judiciary of its jurisdiction. According to the growing need for a law regulating arbitration in general was acknowledged when Republic Act No.876(1953), otherwise known as the Arbitration Law, was passed. In 1958, the Philippines became a signatory to the New York Convention and in 1967 the said Convention was ratified. But no legislation has been passed. As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid. Fifty years after, the Philippine Congress enacted, Republic Act No. 9285, otherwise know as the Alternative Dispute Resolution Act of 2004. The enactment was the Philippines solution to making arbitration an efficient and effective method specially for international arbitration. To keep pace with the developments in international trade, ADR Act of 2004 also ensured that international commercial arbitration would be governed by the UNCITRAL Model Law on International Arbitration and also fortified the use and purpose of the New York Convention by specifically mandating. If the international commercial arbitration will be revitalization in the near future in the Philippine, it will be shown that the model law's comprehensive provisions will give the beat framework for arbitration.. The writer expect that Philippines continues in its effort to be the premier site for international arbitration in Southeast Asia.

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산림경관서비스 지불제 도입을 위한 시범사업 설계 (Pilot-Project Design on Introduction of Payment of Forest Landscape Service)

  • 최재용;이동근;이호철;고재춘
    • 한국환경복원기술학회지
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    • 제12권6호
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    • pp.112-122
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    • 2009
  • Payment of Forest Landscape Service (PFLS) is based on the value of landscape conservation and is a positive forest policy inducing the owners of mountains to improve environmental service quality with economic incentives. The purpose of this study is to test the feasibility of PFLS and find out the elements related to PFLS such as associated statutes, target applications, eligible owner's requirements, and applicable environmental services. Research sites were selected in designated reserved forests by law and surveys were carried out with 28 professional forestry engineers and 10 owners of reserved forests located in Chungnam Province in November, 2008. As a result, the owners are willing to participate pilot-project of PFLS if they could have tax incentives. Preferred activities in their forestry are eco-tourism and carbon emission trading as PFLS business model. Although they expect low economic benefit from the PFLS, respondents answered introducing PFLS will give good opportunities for owners of a reserved forest to enhance willingness to manage their forestry properly for the landscape conservation. In this study, PFLS evaluation indicators and policy directions are established and recommends the strategies to cope with changing needs of forestry conservation by inducing the owners' active participation in the sustainable forest landscape management.