• Title/Summary/Keyword: improvement of law

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The Meaning and Tasks of Guidelines for Utilization of Healthcare Data (보건의료 데이터 활용 가이드라인의 의미와 과제)

  • Shin, Tae-Seop
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.31-55
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    • 2021
  • The Personal Information Protection Act, one of the revised 3 Data Laws, established a special cases concerning pseudonymous data. As a result, a personal information controller may process pseudonymized information without the consent of data subjects for statistical purposes, scientific research purposes, and archiving purposes in the public interest, etc. In addition, as a follow-up to the revised Personal Information Protection Act, a 'Guidelines for Utilization of Healthcare Data' was prepared, which deals with the pseudonymization in the medical sector. The guidelines are meaningful in that they provide practical criteria for accomplices by defining specific interpretations and examples that take into account the characteristics of healthcare data. However, the guidelines need to clarify the purpose of using pseudonymous data and strengthen the fairness of the composition of the data deliberation committee. The guidelines also require establishing a healthcare data compensation framework and strengthening the protection of rights for vulnerable subjects. In addition, the guidelines need to be adjusted for inconsistency with the Bioethics and Safety Act and the Medical Service Act. It is expected that this study will contribute to the creation of a safe environment for the utilization of healthcare data as well as the improvement of related laws and systems.

Study on Tax Exemption and Reduction for Religious Bodies in Korea - Proposals for improvement in the systems of tax exemption and reduction for religious bodies under the Local Tax Law - (지방세법상 종교단체 비과세·감면의 연구)

  • Park, Sang-Bong
    • Management & Information Systems Review
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    • v.31 no.4
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    • pp.363-376
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    • 2012
  • In Korea, religious bodies are being given tax benefits like tax exemption and reduction in accordance with the Local Tax Law. By the way, there's no difference between tax benefits given to religious bodies and other kinds of non-profit corporations. In other words, tax exemption and reduction for religious bodies are being made without considering the very nature of the bodies. This is causing lots of problems. Currently, tax supports to religious bodies are mostly focusing on tax items related to their property, considerably diverting from the ultimate purpose and objectives of tax exemption and reduction for religious organizations. This is not also weakening local finance, but also diverting from the basic intent of so-called the induction system that if necessary, tax supports are given, but they have to be minimized. To solve these problems, comprehensive actions need to be taken, for example, reducing tax benefits given to religious bodies' property and motivating the bodies to make a variety of donations like in developed countries. Now, religious bodies should change their consciousness of tax liability that is imposed by the Local Tax Law. And the government should be more systematic in the collection and management of data that are necessary to levy taxes on religious bodies. If required, the government show the data to religious bodies, convincing them to positively fulfil their tax liability without complaint. This study discusses the current state and problems of existing local tax systems in relation to religious bodies and then propose how to improve the systems. If the systems of tax exemption and reduction for religious bodies under the Local Tax Law can be improved, it would contribute to improve the finance of local autonomous bodies.

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Study on the Improvement of Relevant Legislative System for Activating Research Equipment Industry (연구장비산업 활성화를 위한 관련 법제 개선방안에 대한 연구)

  • Baek, Woonil;Han, Gapun
    • The Journal of Society for e-Business Studies
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    • v.25 no.2
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    • pp.127-146
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    • 2020
  • Overseas advanced countries are aware of the importance of research equipment and are providing a lot of policy support to revitalize the research equipment industry. However, Korea does not have any law to support policies or related projects to revitalize the research equipment industry. Therefore, there is an urgent need for legislation to support policies and projects for revitalizing research equipment industry. It is considered necessary to establish a separate special law for revitalizing the research equipment industry so that it can gain competitiveness in the global market of the research equipment industry. As we have seen, the necessary articles in the relevant laws should be specified so that various promotion policies can be developed to foster the research equipment industry. In order to promote the development of research equipment industry, there are three essential items to be specified in the law. First is research and development support, second is infrastructure development, and third is business incubation. The following contents should be included in each contents. First of all, "research and development support" includes research and envelopment project promotion and support policy items, research equipment development trends and investment trends, joint research between industry, academia, And research and development support for fusion, hybrid and commercialization. Next, the items to be included in "infrastructure development" should include the establishment of research equipment clusters, related support items, training of professional manpower, and research equipment development base area and institutions. Finally, the items that should be included in "business incubation." include support matters for the development of excellent companies (priority purchase system, etc.), matters related to technology transfer and marketing, matters concerning the protection of intellectual property, And matters for promoting overseas expansion.

Improvement Devices on the Law and Institution and Current Situation of Health and Medical Treatment for the Aged (노인보건의료의 현황과 법 제도적 개선방안)

  • Noh, Jae-Chul;Ko, Zoon-Ki
    • The Journal of the Korea Contents Association
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    • v.13 no.4
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    • pp.170-186
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    • 2013
  • As the population is getting older, medical expenses amount of the whole is keep increasing. So, the pressure of the finances, Health Insurance, Medical Care Assistance Act and etc, is getting higher. The share of healthcare-expense is increasing due to elderly illness. And it became a social problem; we analysed present state of senior healthcare in South Korea-looked into current laws and policies, and found problems. We tried to suggest improvements that drew from the current state of foreign country senior healthcare of those problems. For the result, we found the problem in relevant-law system of senior healthcare guarantee. In this study, we proposed the ways to qualitatively upgrade of medical standard that considered on elderly' features: the strengthened guarantee for healthcare, financial secure for long-term convalescence benefit, linking and functional reinforcement for elderly welfare and long-term convalescence insurance, the solution for overlapped laws about convalescence in long-term convalescence insurance and elderly welfare, a betterment of grading, and a home service consolidation. We need to secure right amount of emergency medical service budget, and effective management system for the improved level of senior severely emergency medical service. Furthermore, we suggested that South Korea needs to legislate [The Law for Senior Medical Secure] to respond to rapidly increasing senior healthcare fee.

Research on legal improvement measurements on drone use

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.3
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    • pp.147-153
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    • 2017
  • The main subject of year 2016 Davos forum was "The 4th Industrial Revolution." Recently, interests and investment in drone market, so called industrial revolution in the sky is growing in many countries around the world. Before, drone was used for military purpose such as reconnaissance or attacking but today, it is used in various private sectors such as unmanned delivery service, agriculture, leisure activities, etc. Presently, many major countries in the world are already involved in the 'war without gunfire' to be dominant in this drone industry. Korean government also has announced an extreme relaxation of regulations for growing drone industry by opening a conference with Ministers related to economics. During the conference, business scope of drone which was limited to agriculture, photographing, and observation was expanded to all the fields except for cases hindering national safety and security. In terms of shooting purpose drone its process of receiving approval for flight and shooting is simplified to online registration. What is more, drone delivery service will be allowed in island areas such as Goheung, Yeongwol, etc from first term of year 2017. Finding the way to apply drone in criminal investigation is also speeding up. Recently, Public Safety Policy Research Center in Korean National Police University has inquired for research service and its result will be out around November. Likewise, although more and stronger foundation for supporting drone industry is made but there are still, some opinions saying that we should take a careful approach in consideration to the side effect such as abuse in crime. One may also try terror by placing a dangerous substance. If drone falls, it may hurt any civilians. Moreover, if shopping purpose drone is hacked, it may result in violation of privacy. Compared to America, Europe, and China, we are at the very beginning stage of drone industry and it is necessary to reorganize legal issues to grow this industry. This can be thought from two perspectives; first, the growth of drone industry is blocked by difficult regulations on Aviation Law and Radio Regulation Law. The second issue is the safety and privacy that are required for operating drone. For the advanced technologies to make human life more profitable, more active and proactive actions are required by criminal law side. In preparation to the second mechanical era where man and machines should go together, I hope that responsible preparation is required in all fields including the criminal law.

The Harmony and Moderation of Between Defect Liability and Default Liability in the Construction Contract (도급계약에서 하자담보책임과 채무불이행책임의 조화와 중용 - 대법원 2020.6.11. 선고 2020다201156판결에 대한 고찰 -)

  • Ahn, Sanghyo;Sin, Manjoong
    • Korean Journal of Construction Engineering and Management
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    • v.23 no.2
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    • pp.65-75
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    • 2022
  • On 11 June 2021, the Supreme Court ruled that the judgment of the lower court was justified for the subject case, that the plaintiff could assert the defendant's liability for default due to incomplete performance even though the warranty period for defects which stipulated in the particular condition of the contract has expired. In Korean civil law, the concurrent between the exclusion period for defect warranty and the extinctive prescription for default liability is conceded, since the exclusion period and the extinctive prescription have their respective purposes in law, therefore these two should be judged by harmonizing them based on that they are mutually related. If the subject judgment is generalized, there is no reason to exist for the provisions of defect liability in the construction contract any longer. This study examines the subject judgments through the general theory and precedent case studies on the defect liability and default liability, then derived any problems that may arise if the subject judgment is generalized. In addition, based on a realistic model, it was suggested for a practical improvement method that both the provisions of the warranty period shall be changed realistic and to stipulate the character of its nature as written provisions in the contract.

Transition of Occupational Health Nursing Education in Korea (한국 산업간호교육의 변화추세 분석)

  • Cho, Tong Ran;June, Kyung Ja;Kim, So Yeon
    • Korean Journal of Occupational Health Nursing
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    • v.6 no.2
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    • pp.144-155
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    • 1997
  • In December 1990, Occupational Safety and Health Law was amended to reinforce employer's responsibilities on employees' health and safety. Among the amended law it was important to expand the role of an occupational health nurse to the role of an occupational health manager. An occupational health manager should take charge of coordinating periodic health examination and environmental hazard evaluation, providing primary care, monitoring employees' health status, giving the workplace walk-through, selecting safe protection equipment, providing health information, counseling and health education, independently. This position of occupational health nurse is equivalent to the role of doctors or occupational hygienists. In 1991, government made a master plan to prevent occupational disease and injury. Under the plan, Korea Industrial Nursing Association (KINA) was established in 1994 with the purpose of improving health services and upgrading career opportunities for members. Therefore, this study was designed to analyze the transition of occupational health nursing education with the changes of law and policy in Korea between 1991 and 1996. In details, it was to analyze the rate of school providing occupational health nursing practice based lecture, lecture hours, lecture contents in undergraduate curriculum, program contents of graduate school, kinds of continuing education, etc. For this purpose, we conducted survey two times. In February 1991, baseline study was conducted with all nursing programs in Korea (19 BSN programs and 43 nursing departments of junior college). From April to May in 1996, the second survey was conducted with all nursing programs (38 BSN programs and 69 junior colleges). The first response rate was 66.1% and the second was 40.6%. Structured questionnaires were mailed to the deans or the community health nursing faculties. In the case of graduate school, telephone survey was conducted with 10 school of public health or environmental health area. Data from the yearbook of Industrial Safety Training Institute (ISTI), the history of Korea Industrial Health Association, and the journals of KINA were also included in the analysis. As the results, we found that there were remarkable improvement in undergraduate and graduate programs, obligatory as well as voluntary continuing education in terms of occupational health nursing expertise between 1991 and 1996. 1) The number of school providing occupational health nursing practice-based lecture was increased with the rate from 7.3% to 25.6%. The rate of school giving over 15 class-hours was increased from 33.3% to 46.6%. 2) Content areas were composed of introduction of occupational health, occupational epidemiology, industrial hygiene, occupational disease and injury, law and policy, health education, concept of occupational health nursing, role of occupational health nurse, occupational health nursing process, etc. Of content areas, occupational health nursing process was more emphasized with the increased rate from 43.9% to 88.4%. 3) In the case of graduate school, occupational health programs were increased from 4 to 10. One of them has developed occupational health nursing program as an independent course since 1991. 4) The law increased educational hours from 28 hours to 36 hours for introductory course at the time of appointment, and from 14 hours to 24 hours every 2 years for continuing education. Course contents were Occupational safety and health law, introduction of occupational health, health education methodology, planning and evaluation, periodic health exam, occupational disease care, primary care, emergency care, management, industrial environment evaluation, etc. In 1996, Korea Industrial Nursing Association has begun to provide continuing education after Industrial Safety Training Institute. 5) Various educational programs in voluntary base were developed such as monthly seminar, CE articles, annual academic symposium, etc. It was shown that changes of law and policy led rapid growth of occupational health nursing education in various levels. From this trend, it is expected that occupational health nurse expertise be continuously to be enhanced in Korea. Legal and political supports should proceed for the development of occupational health nursing in early stage.

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Evaluation on Food Policy classified by period on Korean (우리나라 식생활 개선 정책의 시대적 변화에 대한 고찰)

  • 계승희
    • Journal of the Korean Home Economics Association
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    • v.32 no.1
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    • pp.165-180
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    • 1994
  • The change in the police concerning food and dietary life were analyzed in order to provide bases of establishing policy of food and dietary life properly. The last half one century was divided into six periods as follows ; The period since liberlation from Japanese rule(1945-1949) the 1950's (1950-1959) 1960's (1960-1969) 1970's (1970-1979) 1980's (1980-1989) 1990's (1990-1992). Dietary life by 1960's were a life of distress and policies coducted by government took on an relief supply of food at this period. Movement about 'intake of mixed rice with barley and foods from flour' to supress rice consumption were encouraged by government. And Korean recommended dietary allowance was made and the national nutritional survey was practived in the first place by the Ministry of Health and Social Affairs. Dietary life of the country begin to improve sharply along with rice self-sufficiency since 1975 With the growth of food and eating out industry intake of instant food processed food and fast food has increased at the 1980's To ministry of Health and Social Affairs drove campaign of 'Joo-Moon Sik Dahn Je' for dietary life improvement at 1981 The Ministry of Education made and announced a 'School Feeding Law' at 1981 The government that is the Office of Permier and the Ministry of Health and Social Affairs developed compaign for improvement of dietary life and drove 'Jo Eun Sik Dahan Je' with Association of restaurant jointly. Policy on food and dietary life conducted by government up to data were planned mainly dependent on food production supply and demand of food. Infectious diseases continue to decrease with increasing of degenerative diseases which will be required proper management of dietary life. In the future more aggressive intergrated food policy are needed to maintain the public health. Aoso dietary improvement movement should be drived actively.

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An Analysis of the Demands for the Improvement of Versatile Safety Vests for Traffic Police Officers (교통경찰용 다기능안전조끼의 개선을 위한 실태조사)

  • Han, Hyun-Jung;Jeon, Eun-Kyung
    • Fashion & Textile Research Journal
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    • v.14 no.1
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    • pp.100-108
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    • 2012
  • Traffic police officers are faced with many dangerous accidents due to outside duties on roads. Yet, researches on traffic officers' uniforms have mainly been focused on design aspects rather than functional aspects. This study therefore aims to figure out traffic officers' perceived needs for their uniforms and to offer some basic guidelines in manufacturing versatile safety vests for wearers. The study used a documentary survey replied by 236 traffic officers. The results of the study are as follows: 1. There are 10 different types of vests currently used by traffic officers. Vests are employed for purposes such as carrying police equipments, enabling officers to be noticeable in dark, protecting the body, etc. 2. Officers wear these vests which were officially designated by law. Among them, fluorescence versatile safety vests were most frequently worn by officers. 3. Officers who wore ready-made vests of which size was already determined, tended to perceive that the vests were relatively larger than their own size. 4. In terms of the functions of the vests, officers expressed needs for the improvement of the LED and retro-reflection tape along with the addition of thermal function to existing vests. The improvement of the form and functions of versatile safety vests which reflect needs of the users will boost the dignity and the sense of duty of the traffic police officers.

Current status of diving and institutional improvement plan of diving apparatus fishery in the southern coast of Korea (우리나라 남해안 잠수기 어업의 잠수현황과 제도적 개선방안)

  • Heo, Gyeom;Lim, Seok-Won;Shin, Hyeon-Ok
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.51 no.1
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    • pp.136-145
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    • 2015
  • A large number of divers that are engaged in a diving apparatus fishery (DAF) have been experienced a decompression sickness. This study has two purposes. One is measurement of the diving patterns and respiration rate. The other one is to research the institutional improvement plan of the DAF. In the experiments, the diving depth, the diving time, the total ascent time and the ascent rate were about 12.4 m, 22 min, 28 s and 28.1 m/min, respectively, in Tongyeong. In the case of Geoje the diving depth, the diving time, the total ascent time and the ascent rate were about 20 m, 64 min, 17 min and 1.3 m/min, respectively. In a questionnaire survey, the diving depth was 20~29 m (56.4%) in Tongyeong and Geoje, the diving time was 50~59 min (42.9%) in Tongyeong and 70~79 min (35%) in Geoje and all of the divers experienced decompression sickness. In the investigation related to a institutional issue, both of the diving apparatus fisheries had adopted the share system. And the laws and the system for the safety of the divers were not enough in Korea. This study suggests that the license and the diving time for diver of the DAF are needed and diver protection for decompression sickness is needed in the law. And the wage payments should change from full sharing to partial sharing included a regular pay to enhance the safety of the divers.