• Title/Summary/Keyword: category of disputes

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Delimitation of Jurisdiction of Commercial, Civil and Administrative Courts: IT Challenges

  • Baranenko, Dmytro;Stepanova, Tetiana;Pillai, Aneesh V.;Kostruba, Anatolii;Akimenko, Yuliia
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.85-90
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    • 2022
  • In modern conditions of the development of public relations, there is a continuous development of technologies. This not only reflects the convenience of service users, and new technology but also contributes to the emergence of new disputes to protect the rights of stakeholders. Therefore, it is urgent to study the distinctions between the jurisdiction of commercial, civil and administrative courts in resolving IT disputes. The work aims to study the peculiarities of delimitation of the jurisdiction of commercial, civil, and administrative courts through the prism of IT measurement. The research methodology consists of such methods as a historical, comparative-legal, formal-logical, empirical, method of analogy, method of synthesis, method of analysis, and systematic method. Examining the specifics of delimiting the jurisdiction of commercial, civil, and administrative courts through the IT dimension, it was concluded that there is a problem in determining the jurisdiction of the court. In addition, the judicial practice on this issue is quite variable, which negatively affects the predictability of technology in resolving potential disputes. In this regard, the criterion models for distinguishing between commercial, administrative, and civil proceedings according to the legal classification of the parties, as well as the nature of the claim are identified. This separation will contribute to a more accurate application of legal norms and methods of application of administrative norms and reduce the number of cases of improper proceedings.

A Survey on the Perception of the Counterplans of Medical Accident and Dispute of Dental Hygienist (의료사고 및 의료분쟁에 대한 치위생사의 인식도 조사)

  • Oh, Jin-Ho;Kwon, Jeong-Seung;Ahn, Hyoung-Joon;Kang, Jin-Kyu;Choi, Jong-Hoon
    • Journal of Oral Medicine and Pain
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    • v.32 no.1
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    • pp.9-33
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    • 2007
  • In the field of dentistry, there existed relatively few emergency patients or patients who need intensive care and thus had low medical dispute rates. However, these days, there is a general tendency of increased medical disputes. Although many medical disputes are caused by medical accidents of the dentists, because dental assistants are also lawfully involved in practicing dentistry, there is a possibility of medical disputes or medical accidents caused by dental assistants. Therefore, the role of the dental assistants cannot be ignored. This study consists of a survey given to dental hygienists currently working in general hospitals, dental hospitals and private dental clinics. Following is the results of the analysis of 275 respondents' backgrounds, medical disputes rates including patients' complaints, their understanding of medical regulations and their general understanding of overall dental practice and medical disputes. 1. 251 of 274(91.6%) respondents doubted the risk of medical accident and dispute. 2. 81(29.5%) dental hygienist experienced complaint from patients. They have been working in the private dental clinic, the rate of this experience was high. 3. 349 case of 1805(19.3%) the complaints by patients, highest percentage among its category, were those regarding dental fees and poor service. 4. 129 case of 1805(7.1%) patients' complaints, highest percentage among it's subcategory, were those regarding the absence of explanations of precautions or request of agreements before dental treatment. 5. 252 of 267 (94.4%) dental hygienists chart after a scaling treatment. However, only 55(20.7%) dental hygienists chart the fact of explaining the precautions. 6. 6(2.2%) dental hygienists do not inspect patients' medical history, if patients don't mention it. 7. 104 of 274(38.0%) dental hygienists responded to be capable of administering first aid treatment. 8. 115(41.8%) dental hygienists have a first aid kit and equipment. 9. In case of medical dispute, 268(97.8%) dental hygienists respond that, charting plays a big role in resolving the dispute. 10. In case of medical dispute, 272(93.3%) dental hygienists respond that, explanation and agreement before treatment have an important role in settlement of dispute 11. Only 160(58.4%) dental hygienists responded correct answer that the duration of keeping medical records is 10 years. 12. 124(45.3%) respondents thought that it is legal for a dental hygienist to take a panoramic dental X-ray, 71(25.9%) respondents thought that it is legal practice cervical resin treatment by dental hygienist, and 37(13.5%) respondents thought that it is legal extract primary teeth by dental hygienist. 13. 24(18.76%) respondents thought that it doesn't matter to tell patient's state to others 14. 272(99.27%) responded that receiving education for the prevention of medical disputes was needed and of them, 61.0% thought it was urgent. 15. 186(64.2%) has never had classes regarding the prevention of medical disputes while in school and 212(77.4%) has not had the same type of classes after graduating from school. 16. 256(93.4%) responded that there will be even more of an increased number of medical disputes. Among them, 83.3% of respondents though that due to the increased opportunity of acquiring information through the internet and mass media. The study shows that 29.5 percentage of dental hygienists have experienced the medical disputes and complaints and they are lack of recognition of medical regulations and dental hygienist's official duty. So, there is a big potential of the percentage to increase. Therefore, the correct understanding of explaining precautions and requesting agreement before dental treatments and performing them are mandatory. Moreover, classes regarding the prevention and counterplans of medical disputes need to be widely offered.

A Study on the Past that Work Scope of Medical Interpreter Professional Personnel -Focusing on the Range of Possible Questions for the Medical Translation Ability Test (의료통역전문인력 업무범위에 대한 소고 -의료통역능력검정시험 출제범위 중심으로)

  • Kim, Seung Chul;Kim, Tae-Hyung;Lee, Yeon-Kyung
    • The Journal of the Korea Contents Association
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    • v.20 no.4
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    • pp.571-581
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    • 2020
  • There are large, medium, and small items in the evaluation test for medical interpreter professionals personnel and the criteria and level are not clear, which may cause confusion for those preparing for the test. Therefore, we would like to suggest that the qualification requirements for the medical translation ability test and the criteria for the evaluation items are consistent with the medical system in Korea. The survey on the medical interpreter competency test conducted was collected from domestic and foreign data, compared with similar test and overseas test. We also examined the perception of the test by experts with experience in developing and interpreting the medical interpretation test. As a result, in the 'International Culture' evaluation category, 'Language-oriented culture' was changed to 'Medical-oriented culture' and 'Interpretation ethics' was changed to 'Medical interpretation ethics'. In the evaluation items of the hospital system, the 'Medical Dispute Mediation Act', which is 「ACT ON MEDIATION OF MEDICAL DISPUTES」 of the middle item was changed the 「ACT ON REMEDIES FOR INJURIES FROM MEDICAL MALPRACTICE AND MEDIATION OF MEDICAL DISPUTES」 and the Act also reduced the four items related to the 'Medical Tourism Law' to two and added the 「ACT ON SUPPORTING THE ADVANCEMENT OF MEDICAL OVERSEAS AND ATTRACTING FOREIGN PATIENTS」. If the Medical Interpretation Proficiency Test is prepared in accordance with the medical culture of Korea, it is expected that there will be a stable opportunity for professionals who pass the examination to act as experts.

A Study on Emergency Medical System Out of Hospital (Centering on the Limitation of Emergency Medical Service Out of Hospital in the Emergency Medical Technicians) (병원 전 응급의료체계에 관한 연구(응급구조사의 병원 전 응급의료의 제한 중심으로))

  • Park, Sang-Sub;Baek, Hong-Seok
    • The Korean Journal of Emergency Medical Services
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    • v.9 no.2
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    • pp.89-100
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    • 2005
  • Due to the improvement in life, we, human beings, are living in the more convenient world. However, as society gets complex, it comes to be faced a dangerous situation that needs to request a help due to an unexpected accident. The promptly emergency relief and emergency treatment from this accident, can be said to be extremely important in increasing a rate of resuscitation. This study analyzed on a case study and problems about the Emergency Medical System out of hospital in our country. The contents in the results of a study can be summarized as follows. 1. given the occurrence of medical disputes in a situation of emergency treatment, the regulation in the legal protection 'Will need to be reinforced. 2. in relation to the mobilization of ambulance, the preferentially passage right in ambulance needs to be guaranteed. In general, the preferentially passage right in ambulance is secured, but it will need to be supplemented by improving the education in civic consciousness and the social system. 3. in case of emergency duties in the emergency medical technician, the countermeasure will need to be strengthened in terms of abusive language and violence from a citizen. 4. in terms of emergency duties in the emergency medical technician, aiming to keep safety from a sudden situation, the possession of the protective equipments will need to be completely provided. 5. the limitation of activity will need to be eased by expanding the range of duties in the emergency medical technician within the ambulance, and the opening of duties will need not to be allowed to the similarly job category. 6. it needs to be reinforced the safety of the emergency medical technician from infectious diseases. Aiming at these emergency medical technicians whose service spirit is thoroughgoing, the nation and the local government will need to form all the conditions in which emergency medical technicians can be active passionately.

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Complaint-based Data Demands for Advancement of Environmental Impact Assessment (환경영향평가 고도화를 위한 평가항목별 민원기반 데이터 수요 도출 연구)

  • Choi, Yu-Young;Cho, Hyo-Jin;Hwang, Jin-Hoo;Kim, Yoon-Ji;Lim, No-Ol;Lee, Ji-Yeon;Lee, Jun-Hee;Sung, Min-Jun;Jeon, Seong-Woo;Sung, Hyun-Chan
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.24 no.6
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    • pp.49-65
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    • 2021
  • Although the Environmental Impact Assessment (EIA) is continuously being advanced, the number of environmental disputes regarding it is still on the rise. In order to supplement this, it is necessary to analyze the accumulated complaint cases. In this study, through the analysis of complaint cases, it is possible to identify matters that need to be improved in the existing EIA stages as well as various damages and conflicts that were not previously considered or predicted. In the process, we dervied 'complaint-based data demands' that should be additionally examined to improve the EIA. To this end, a total of 348 news articles were collected by searching with combinations of 'environmental impact assessment' and a keyword for each of the six assessment groups. As a result of analysis of collected data, a total of 54 complaint-based data demands were suggested. Among those were 15 items including 'impact of changes in seawater flow on water quality' in the category of water environment; 13 items including 'area of green buffer zone' in atmospheric environment; 10 items including 'impact of soundproof wall on wind corridor' in living environment; 8 items including 'expected number of users' in socioeconomic environment, 4 items including 'feasibility assessment of development site in terms of environmental and ecological aspects' in natural ecological environment; and 4 items including 'prediction of sediment runoff and damaged areas according to the increase in intensity and frequency of torrential rain' in land environment. In future research, more systematic complaint collection and analysis as well as specific provision methods regarding stages, subjects, and forms of use should be sought to apply the derived data demands in the actual EIA process. It is expected that this study can serve to advance the prediction and assessment of EIA in the future and to minimize environmental impact as well as social conflict in advance.

A Study on Change Orders in Overseas Construction using Feature Selection - Focus on Plant Construction in the Middle East - (Feature Selection을 활용한 해외 건설의 공사변경 관리에 관한 연구 - 중동 플랜트 건설프로젝트를 중심으로 -)

  • Hong, Sunyoung;Yeom, Chunho
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.2
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    • pp.63-71
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    • 2021
  • This paper looks into how to enhance construction project management, focusing on the change order, which is often considered one of the major causes for construction delays, disputes, and claims in the middle east construction. First, this paper categorizes the major causes of change orders. It suggests a detailed classification standard for affecting factors resulting from change orders based on a case study result of an on-going construction project in the Middle East. In particular, this paper presents a method to apply a machine learning-based feature selection to quantify the importance of change order triggers and affecting factors. As a result, the case study identifies six major change order triggers and eight affecting factors. Also, a meaningful relationship between change order triggers and affecting factors by each category is presented. This paper will contribute to setting a clear guideline for change order management for the international plant construction field while helping prevent construction delays and cost run-ups by reducing the time required for change order resolution between project owners and contractors.

Retrospect and prospect of political geography and general-synoptic part of human geography in Korea (한국 정치지리학과 인문지리학 일반 50년의 회고)

  • ;Im, Duck-Soon
    • Journal of the Korean Geographical Society
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    • v.31 no.2
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    • pp.295-308
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    • 1996
  • 1. Retrospect of Political Geographic Studies since Liberation, 1945 : 1) Period from 1945 to mid 1960s : There was not political geography as a science in Korea at the time of liberation from Japan 1945. At that time were not pure political geographers in Korea. In 1947, Moon-Hwa Pyo, economics professor, published a book titled Outline of Korean Geopolitics. This book was a first one in the field of political geography and available at that time in the logical descriptions. Bok-Hyon Choi was a first political geographer who in 1959 wrote a book titled Political geography for the collegians of Seoul National University. Professor Choi introduced American-style political geography through the book above mentioned. In 1963, Kie-Joo Hyong published an article titled "Korean Unification: Possibility from the Geopolitical Viewpoint" which was a first article published by Korean young scholar who studied geography in this country. 2) Period from late 1960s to late 1980s : Both Yoon Cha and Duck-Soon Im published frequently several articles of political geography or geopolitics respectively in 1968-1969. And they issued geopolitical disputes on Korean geopolitical structure and an application of rimland theory to Korean peninsula in 1969 through a magazine named Joung-Kyong Younku (the political and economic researches). The disputes played an important role of showing political geography (or geopolitics) to political sciences especially international political Science. Active researches still continued in 1970s. In that atmosphere the first Korean book of political geography written by a post-liberation scholar (Duck-Soon Im) titled Principles of Political Geography was published in 1973. This book was influenced much by American political geography after Second World War. In 1980s, the researches continued more actively. Especially administrative districts, capital cities, and sub-capital cities were frequently studied during this period. 3) Period from late 1980s to Present: Recent Studies : 1985 was a year of much production of articles of political geography. The first Ph.D thesis of political geography published in the same year in our country. And since 1985 produced many M.A. articles. Several categories of esearches of political geography was made in the period from late 1980s to present. Capital cities, Korean unification, administrative districts, urban politics, elections, sub-capital cities, and defense walls were important research categories. Reviewing the researches from 1945 to present. I found eight categories of political geography in Korea: capital cities, administrative districts, geopolitical structure of Korean peninsula, division and unification of Korea, sub-capital cities, defense walls, elections, and urban politics. Each category includes several scholars respectiveiy. 2. Study Tasks and Prospects in Korean Political Geography: In relation to Korean circumstances there are three study-tasks. The first task of Korean people is unification of two Koreas. Political geographers of Korea must al survey titled Survey Methods of Human Geography for collegians. This book was first one on survey part in Korea. The book however, is insufficient in comprehensiveness in aspects too. I think that the important tasks of general-synoptic human geography in Korea are \circled1 publication of comprehensive books of human geography in the aspects and methodologies for collegians and \circled2 acceptance of academic world of human geography in Korea of variety in methodologies of human geography for future progress. progress.

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A Study on Korea Coast Guard Intelligence Centered on legal and Institutional comparison to other organizations, domestic and international (해양경비안전본부 정보활동의 법적·제도적 측면의 문제점 분석 및 개선방안 연구)

  • Soon, Gil-Tae
    • Korean Security Journal
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    • no.44
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    • pp.85-116
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    • 2015
  • Found in 23 Dec 1953 to cope with illegal fishing of foreign ships and coastal guard duty, Korea Coast Guard was re-organized as an office under Ministry of Public Safety since the outbreak of sinking of passenger ship "Sewolho". In the course of re-organization, intelligence and investigation duty were transferred to Police Department except "Cases happened on the sea". But the definition of intelligence duty is vague and there are lots of disputes over the jurisdiction and range of activities. With this situation in consideration, the object of this study is to analyse legal and institutional characteristic of KCG Intelligence, to compare them to that of Police Department, foreign agencies like Japan Coast Guard and US Coast Guard, to expose the limit and to suggest solution. To summarize the conclusion, firstly, in the legal side, there is no legal basis on intelligence in [The Government Organization Act], no regulation for mission, weak basis in application act. Secondly, in the institutional side, stated in the minor chapter of [The Government Organization Act], 'the cases happened on sea' is a quite vague definition, while guard, safety, maritime pollution duty falls under 'on the sea' category, intelligence fell to 'Cases happened on the sea' causing coast guard duty and intelligence have different range. In addition, reduced organization and it's manpower led to ineffective intelligence activities. In the case of Police Department, there is definite lines on 'administration concerning public security' in [The Government Organization Act], specified the range of intelligence activities as 'collect, make and distribute information concerning public security' which made the range of main duty and intelligence identical. Japanese and US coast guards also have intelligence branch and performing activities appropriate for the main missions of the organizations. To have superiority in the regional sea, neighboring countries Japan and China are strengthening on maritime power, China has launched new coast guard bureau, Japan has given the coast guard officers to have police authority in the regional islands, and to support the objectives, specialized intelligence is organized and under development. To secure maritime sovereignty and enhance mission capability in maritime safety duty, it is strongly recommended that the KCG intelligence should have concrete legal basis, strengthen the organization and mission, reinforce manpower, and ensure specialized training administrative system.

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