• 제목/요약/키워드: conflict of laws

검색결과 97건 처리시간 0.021초

빅데이터 개인정보보호 가이드라인(안)의 개선 방향에 관한 연구 (A Study on the Improvements of the Big Data Guideline in Korea)

  • 김선남;이환수
    • 정보화정책
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    • 제21권4호
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    • pp.20-39
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    • 2014
  • 빅데이터 시대의 도래는 산업 발전에 대한 긍정적 시각과 함께 개인정보보호 및 프라이버시 침해와 관련한 우려 또한 낳고 있다. 이러한 상황에서 최근 방송통신위원회는 빅데이터 환경에서 개인정보 수집과 이용 범위를 규정하는 '빅데이터 가이드라인(안)'을 제시하였다. 그러나 동 '가이드라인(안)'은 산업 진흥에 목적을 두고 있어, 기존 "개인정보보호법"과 충돌하는 내용을 많이 포함하고 있는 상황이다. 이에 시민단체들은 정보주체의 인권이나 프라이버시를 침해할 수 있다는 이유로 제정을 강력히 반대하며, 결국 개인정보위원회는 최근 전면 재검토를 요청했다. 따라서 본 논문에서는 현 '가이드라인(안)'의 한계점을 분석하고, 국내 외 관련 법률을 검토하여, 개인정보보호를 통한 프라이버시 침해를 최소화하는 방향에서 기업들이 빅데이터를 안전하게 활용할 수 있도록 법과 제도적 정비 방안에 대해 논의한다.

만성통증 환자의 통증 조절 (Chronic pain control in patients with rheumatoid arthritis)

  • 은영
    • 근관절건강학회지
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    • 제2권1호
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    • pp.17-40
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    • 1995
  • Rheumatoid arthritis is the one of the chronic diseases, one of its major symptoms is a chronic pain. Despite developing medical treatment and surgical techniques, it is suggested that to control the pain is the goal of the treatment. But pain is an inner experience and even those closest to the patient cannot truly observe its progress or share in its suffering. The National Academy of Sciences Institute of Medicine's report on Pain and Disability concluded that there is no objective measure of pain-(exactly) no pain thermometer-nor can there ever be one, because the experience of pain is inseparable from personal perception and social influence such as culture. To explore chronic pain experience is to understand the process and property of the patient's perception of pain through the response to pain, the coping with pain, and the adaptation to pain. Therefore a qualitative study was conducted in order to gain an understanding of pain experience of patients with RA in korea. I used naturalistic inquiry as a research methodology, which had 5 axioms, the first is that realities are multiple, constructed, and holistic, the second is that knower and known are interactive, inseparable, the third is only time and context bound working hypotheses(idiographic statements) are possible, the forth is all entities are in a state of mutual simultaneous shaping, so that it is impossible to distinguish causes from effects and the last is that inquiry is value-bound. Purposive sampling was conducted as a sampling. 20 subjects who experienced pain over 10 years, lived in middle-sized city and big city in Korea, and 17 women and 3 men. The subject's age was from 32 to 62 (average 48.8), all were married, living with their spouse and children, except two-one divorced and the other widow before they became ill. I collected data using In depth structured interview. I had interviews two or three times with each subject, and the interviews were conducted at each subject's home. Each interview lasted about two hours an average. A recording was taken with the consent of the subject. I used inductive data analysis-such as unitizing and categorizing. unitizing is a process of coding, whereby raw data are systematically transformed and aggregated into units. Categorizing is a process wherby previously unitized data are organized into categories that provide descriptive or inferential information about the context or setting from which the units were derived. This process is used constant comparative method. The pain controlling process is composed of behavior of pain control. The behaviors of pain control are rearranging of ADL, hiddening role conflict, balancing treatment, and changing social relation. Rearranging of ADL includes diet management, sleep management, and the adjustment of daily life activities. The subjects try to rearrange their daily activities by modified style of motions, rearranging time span & range of activities, using auxillary facilities, and getting help in order to keep on the pace of daily life. Hiddening role conflict means to reduce conflicts between sick role and their role as a family member. In this process, the subjects use two modes, one is to control the pain complaints, and the other is to internalize the value which is to stay home is good for caring her children and being a good mother. To control pain complaints is done by 'enduring', 'understanding' the other family members, or making them undersood in order to reduce pain. Balancing treatment is composed of two aspects. One is to keep the pain within the endurable level, the other is to keep in touch with medical personnel in order to get the information of treatment and emotional support. Changing social relation is made by information seeking and sharing, formation of mutual support relation, and finally simplification of social relationships. The subjects simplify their social relationships by refraining from relations with someone who makes them physically and psychologically strained. In particular the subjects are apt to avoid contact with in-laws, and the change of relation to in-laws results in lessening the family boundary. In the course of this process, they confront the crisis of family confict result in family dissolution. This crisis is related to the threat of self-existence. Findings from this study contribute to understanding the chronic pain experience. To advance this study, we should compare this result with other cases in different cultural contexts. I think to interpret these results, korean cultural background should be considered. Especially the different family concept, more broader family members and kinship network, and the traditional medical knowledge influences patients' behavior.

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북한 대외경제중재법의 실효성 고찰 (A Study on the Efficiency of the North Korean Foreign Economy Arbitration Law)

  • 김석철
    • 한국중재학회지:중재연구
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    • 제18권1호
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    • pp.167-184
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    • 2008
  • The economic cooperation between the South and North Koreas is a very important issue for the unification and economic development of both Koreas. In order to reach a successful economic cooperation, there is a need to coordinate the differences of the two countries before unification. The economic cooperation and the cooperation in other sectors will be followed by the entire unification. It is necessary to prepare a mechanism that could peacefully solve the conflicts and disputes that could arise during the actual process of cooperation, which will secure stable investments and trades. The study on the possibility of introducing the arbitration system as a conflict solving mechanism between the two Koreas is a very important subject, and the basis of this study is on the examination of the arbitration laws of North Korea. Therefore, the study on the efficiency of the North Korean arbitration laws on foreign economy is studying the possibility of a systematical solution to economic conflicts between the South and North Koreas. The problems and possible solutions of the North Korean foreign economy arbitration laws are summarized as follows. First, juridical cooperation system for both South and North courts of justice needs to be set up to smoothly carry out the main procedures. Mutual correspondence and telecommunication needs to be guaranteed, also remittance and the movement of goods shall precede. Second, the free liquidation of businesses by unit and the individual and independent management of wealth of the North Korean economic bodies, organizations and businesses shall precede to independently liquidate wealth and thus make arbitration possible. Third, amendments in the North Korea's foreign economy arbitration law shall be made to some parts of regulations on arbitration agreements and specific contents of written arbitration agreements to avoid conflicts regarding arbitration agreement. Fourth, the members of the North Korean arbitration committee shall impartially manage the committee only without taking the role of arbitrator, and the clause that allows the North Korean committee to nominate the arbitrator shall be erased. In case an agreement regarding the number of arbitrators is not reached, the three arbitrators general rule shall be applied. In case of requests from any of the parties, a third country arbitrator nomination shall be guaranteed. Also, the requested arbitrator by the party shall be nominated with the cooperation of the court. Fifth, the trial in case of non-appearance or written trial shall be added to the North Korean law in to prevent intended negligence or evasion. Sixth, regulations regarding the court's investigation of evidence shall be added to the North Korean law to make fair arbitration possible in case that government power is needed in order to investigate evidence. Seventh, provisions regarding majority decision shall be added in the North Korean law in the impossibility of unanimous decisions, and the certified system in the arbitration committee official text shall be erased to prevent arrogation and assure the power of the decision made by the arbitration government. Eighth, as "the wrong decision approved" reason for cancellation of arbitration in the North Korean law includes the content of the decision made by the arbitrator could lead to uselessness of arbitration, amendment will be necessary to limit it to legitimacy of the arbitration agreement and wrong procedures. It is hoped that this thesis will be of important use in understanding the issues on the workability and the solutions to the South and North Koreas' arbitration that could be presented during the negotiations for the countries' economic cooperation.

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국제상사중재판정의 준거법선택에 있어서 당사자자치의 원칙 - 당사자에 의한 lex mercatoria의 선택과 준거법 분할지정의 가능여부를 중심으로 - (The Party's Autonomy Principle on the Choice of the Applicable law to International Commercial Arbitral Awards - Focus on the Choice of the Lex Rercatoria and the Possibility of $d\acute{e}pe\c{c}age$ by the Party -)

  • 오석웅
    • 한국중재학회지:중재연구
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    • 제17권1호
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    • pp.117-136
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    • 2007
  • Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the international private law and the international commercial arbitration. The purpose of this article is to make research on the party's autonomy principle for the international commercial arbitral awards. For this purpose ist to analyse regal issue the applicability of the lex mercatoria and the possibility of $d\acute{e}pe\c{c}age$ relating to the party autonomy. In this Article ist dealt with Art. 29 para. 1 of the Korean Arbitration Act in comparison with Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure. The Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure provides equally. "The arbitral tribunal shall decide the dispute in accordence with such 'rules of law' as chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules." The term 'rule of law' used to describe the applicability of the lex mercatoria and the possibility $d\acute{e}pe\c{c}age$. Unlike Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para.1 of the German Code of Civil Procedure. Act, Art. 29(1) of the Korean Arbitration Act provides that the arbitral tribunal shall decide the dispute in accordence with the 'law' chosen by the parties as applicable to the substance of the dispute. However the majority view in Korea takes the position that the term 'law' should be interpreted broadly so as to encompass 'rules of law' at UNCITRAL Model Law and the German Code of Civil Procedure.

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중립법상 전시금제품 제도의 변천과 한반도에서의 함의 (Changes in the Law Regulating Contraband of war under the Law of Neutrality and Implications for the Korean Peninsula)

  • 박지홍
    • 해양안보
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    • 제8권1호
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    • pp.41-71
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    • 2024
  • 국제적 무력충돌 상황에서 교전국의 교전권과 중립국의 무역 활동을 통한 경제적 이익의 이해 균형을 맞추고자 발달한 중립법상 '전시금제품 제도'는 19세기 해상무역의 발달에 따라 제도의 변천과 발전이 이루어지기 시작했다. 특히, 제1, 2차 세계대전을 거치면서 물자 통제의 범위가 확대되어 오늘날까지 지속되고 있으며, 군사용과 민간용으로 모두 사용될 수 있는 '조건부 금제품'의 군사적 사용을 막기 위한 추세로 발전했다. 이 과정에서 전시금제품 제도는 개념적으로 평시까지 확대되어, 국제기구를 중심으로 하는 '국제 수출통제 체제'가 형성되기도 하였다. 오늘날에도 여전히 전시금제품 제도는 유효하다. 하지만, 우리나라에는 한반도 유사시를 대비한 전시금제품 제도 관련 법령이나 지침은 부재한 실정으로 보인다. 전시금제품 목록 작성과 대외적 공표가 국제적 실행임을 고려하면, 우리나라도 이를 대비할 필요가 있다. 이에 본 논문에서는 중립법상 전시금제품 제도의 역사적 연원과 발전을 확인하고, 전시금제품 통제에 대한 국가실행을 시대 흐름에 따라 살펴 보고자 한다. 이를 통해 전시금제품 제도의 변천과 국가실행 변화가 한반도에 주는 함의를 도출하고자 한다.

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개방화시대의 수산경제학의 과제 (The Problem of Fisheries Economics Arising from the Liberalization of korean Economy)

  • 이승래
    • 수산경영론집
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    • 제24권1호
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    • pp.65-86
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    • 1993
  • In this paper, fishery economics is reviewed to extend a basic opportunity for developing new fishery economics and to evaluate the effects of the import liberalization on the fish trade structure of Korea. The principle outline of extensions emphasis to realize the modern fishery problems based on fishery economics and develop the practical methodology in order to analyze the impacts of the import liberalization on the fishery and fishermen welfare. During the process of export - oriented industrilization, the role and position of fishery in the economy is changed dynamically. When faced with the imperative of the role and position of fishery in the economy, fishery economists and domestic policy makers must decide how to organize themselves for solving fishery problems under the new regime in the import liberalization on the fish trade. Fishery problems impacted by the new regime can not be solved by fishery itself but be solved by the centralized efforts of all contributors in national views. Therefore the new systematic analytical methodology must be develop and the traditional fishery economics must be related to the regional development strategy and fishery sociology as subsidiary theories specialized. Due to the impacts of the import liberalization on the fish trade structure, fishery economists face with radical changes in the domestic fishery : a place of the resources harvest to place of the combination resource harvest and its demand, a fishing as a resource exploitation to a fishing as a resource management, a traditional small scale costal fishing to a modernized and scaled fishing, fishery using the given natural resource itself to fishery as technology intensive industry, and a food supply industry to a welfare indusry based on the regional and economic resource and social environment. As these changes, fishery and its community's regional and economic resource and social environments as multiple roles of the regional economic development are emphasized in fishery economics under the new regime in the import liberalization on the fish trade. Furthermore, domestic policy makers and administrators in a public sector must realize the above radical changing trends in fishery and understand a social and economic environment in fishery and develop a new fishery structure focusing on the fishing system and the fishery laws. As this point, they make efforts to improve and develop fishery as a food supply industry. Japan, for example, has a non - governmental organization to conflict the problem of international fishery such as a movement of a civil environmental protection. Also fishermen in Japan already realized conservation and pollution problems in fishing as fundamental issues of human being.

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음악·영상저작물의 동일성유지권 침해관련 연구 (A Study of Authors' Moral Rights Infringements Regarding Cinematographic Works and Other Visual Works)

  • 강상구
    • 한국콘텐츠학회논문지
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    • 제21권6호
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    • pp.228-236
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    • 2021
  • 이 연구는 저작인격권 중에서 분쟁이 가장 많은 동일성유지권의 침해에 대해 판례를 분석하여 법원의 침해기준과 침해의 원인을 규명하고 영상저작물 제작 현장에서 법원의 판례 경향에 대해 어떤 시각차가 있는지 비교하고자 한다. 저작권은 저작재산권과 저작인격권으로 구분한다. 여기서 다루고자 하는 동일성유지권은 저작인격권의 일부로 하나의 콘텐츠를 제작하여 다양한 매체에 이용한다. 콘텐츠의 이용 과정에서 편성, 광고시간 등에 맞추기 위해 편집이 필요할 경우 권리자에게 사전에 협의를 하거나 서면 동의를 받아야 하는데 시간이 촉박하거나 저작권에 대한 무지로 인해 임의적으로 편집하여 사용하다 동일성유지권을 침해하게 된다. 영상저작물이 제작, 이용되는 과정에서 저작물, 제작비, 출연자 등의 변수가 많아 저작권의 권리 확보나 이용을 위해 사전 동의가 필요하다. 그러나 제작을 우선시 하는 제작과정과 권리보호에 대한 인식이 낮아 동일성유지권 침해는 법조항의 미비보다 이용자들이 업무 관행을 따르거나 개인적 과실에 의한 분쟁으로 분쟁예방을 위해서는 세부적인 업무매뉴얼 제공과 저작권 전문가의 체계적인 교육이 필요하다.

우리나라 치과위생사 인력정책 현황 및 과제 (Issues and Challenges of Dental Hygienist Workforce Policy in Korea)

  • 이효진;신선정;배수명;신보미
    • 한국콘텐츠학회논문지
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    • 제19권2호
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    • pp.409-423
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    • 2019
  • 치과보조인력 정책의 현황을 확인하기 위하여 치과보조인력 공급 현황, 지역별 분포, 법적 업무, 근무환경 등의 측면에서 관련 선행문헌고찰 및 자료수집 및 분석을 실시하고, 관련요인을 고찰함으로써 우리나라 정책의 문제점을 도출하고자 하였다. 치과위생사 수의 급격한 양적 증가가 있었음에도 불구하고, 활동 수는 전체의 절반에도 미치지 못하고, 치과계는 여전히 치과위생사 인력난을 경험하고 있다. 치과위생사의 수행업무를 고려했을 때 치과진료보조 업무 수행을 위한 전문적 치과보조인력의 활용이 제한적이다. 또한, 대도시를 중심으로 치과위생사 분포가 편중되고, 치과위생사로만 구성된 치과의료기관 비율이 높기 때문에 지역별 치과보조인력 분포의 불균형을 해결하기 위한 방안 마련이 필요하다. 수행 업무 중 많은 비중이 의료기사법에 구체적으로 명시된 사항이 아니므로 해당행위의 적법성을 판단하는 기준이 모호하다. 치과위생사의 직업수명, 업무 효율성, 직업전문성 및 만족도가 감소함에 따라 직무소진이 빠르게 나타나고 있다. 치과위생사의 법적 업무와 실제 수행하는 업무와의 괴리, 직역 간 갈등의 심화는 정부 차원에서의 치과의료인력의 활용 계획과 방안이 부재하기 때문인 것으로 검토된다. 이에 대해 정부에서는 치과의료서비스 수요에 따라 치과위생사 인력의 역할을 정립하고, 필요 정책을 제도화하며, 인력을 적절하게 활용하기 위한 계획을 수립하기 위한 노력을 해야 한다.

해양원격의료 지원제도 개선을 위한 관련 법령정비 방안 (De Lege Frenda for Improvement of Marine Telemedicine Service System)

  • 전영우;홍성화;김재호
    • 수산해양교육연구
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    • 제28권4호
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    • pp.994-1005
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    • 2016
  • Expansion and spreading of marine telemedicine is rather restricted due to the conflict of laws relating to medical service and lack of provisions in the Seafarers' Act, Medical Service Act, etc. Thus, this study is intended to reveal the current status and problems of marine emergency medical advice system for the furtherance of health care of seafarers and emergency medical assistance conditions and deduce relevant proposals for legislative improvements thereof in order to resolve underlying problems and issues. The results of this study can be summated as follows. First, in respect of directions to provide marine emergency service based on marine telemedicine system, emergency radio medical advice system needs to be strengthened to meet domestic and international instrument, marine telemedicine system needs to be provided through integrating u-Health technology and special marine medical center needs to be established. Second, regarding directions to provide health promotion service based on the marine telemedicine system, a new process of health care service for seafarers needs to be devised and provided involving seafarers' life cycle covering from prior to boarding to after leaving a ship. The conclusions of this study can be given as follows. First, the following new provisions need to be introduced in the Seafarers' Act. (1) The Minister of Oceans and Fisheries and a shipowner shall conduct matters pertaining to preventive health promotion and care for seafarers; (2) a provisions regarding establishment of seafarers' health promotion center by the Minister; (3) a special exemption permitting marine telemedicine service and qualification requirements for marine telemedicine assistant; (4) shipowner's obligation of carrying seafarers' health measuring equipment on board. Second, the relevant provisions regarding medical care persons needs to be revised in such a way that master or chief officer shall be appointed to be in charge of medical care on board. Last but not least, it is also essential to amend and update the minimum standards on drug and medicines to be carried on board and medicine chest and equipment on board.

말기의료에 관한 미국 법제의 연구 - 말기의료결정 제도를 중심으로 (Legislative Approaches to Terminal Care Issue in the U.S.A. - Acts on Terminal Health-Care Decision)

  • 석희태
    • 의료법학
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    • 제14권1호
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    • pp.355-401
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    • 2013
  • The first legislation for terminal health-care decision was California's Natural Death Act (NDA) of 1976 that permitted any adult person to execute a directive directing the withholding or withdrawal of life-sustaining procedures. Advance directive legislation has subsequently progressed on a state-by-state basis. By 1992, all 50 states, as well as the District of Columbia, had passed legislation to legalize some form of advance directive. This state legislation, however, has resulted in an often fragmented, incomplete, and sometimes inconsistent set of rules. Statutes enacted within a state often conflict and conflicts between statutes of different states are common. In an increasingly mobile society where an advance health-care directive given in one state must frequently be implemented in another, there is a need for greater uniformity. In 1993, the Uniform Law Commissioners approved the Uniform Health-Care Decisions Act (UHCDA) in order to bring order to the existing chaos. Unfortunately, the Commissioners waited too long to act. By the time the UHCDA was approved, nearly all states had passed legislation governing advance directives. Consequently, the UHCDA has achieved only a limited success, picking up but one or two enactments a year. The UHCDA is currently in effect in around 10 states: Alabama, Alaska, California, Delaware, Hawaii, Kansas, Maine, Mississippi, New Mexico, Tennessee, Wyoming. In these states the previous laws related to the subjects have been all repealed. The overall objective of the UHCDA is to encourage the making and enforcement of advance health care directives including living will or individual instruction, power of health-care attorney and to provide a means for making health care decisions for those who have failed to plan. The U. S. House of Representatives in 1991 enacted the Patient Self-Determination Act (PSDA). The Act stipulates that all hospitals receiving Medicaid or Medicare reimbursement must ascertain whether patients have or wish to have advance directives. The Patient Self- Determination Act does not create or legalize advance directives; rather it validates their existence in each of the states. Now in America, terminal health-care decision or advance directive for health care is common and universal system. The problem, however, is how to let more people use these good tools to make their lives more beautiful and honorable.

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