• Title/Summary/Keyword: laws & regulations

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A Study on Occupation Classification of Aquatic Disease Inspector in Korean Standard Classification of Occupations(KSCO) (한국표준직업분류에 있어서 수산질병관리사의 직업분류에 관한 연구)

  • Ko, Myung-Shik
    • Journal of Fisheries and Marine Sciences Education
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    • v.26 no.1
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    • pp.10-21
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    • 2014
  • The aquatic disease inspector is not classified as an occupation in the current Korean Standard Classification of Occupations(KSCO). Therefore, the roll of the aquatic disease inspector in the medical treatment and the prevention against the aquatic organism disease is underestimated. The aquatic disease inspector is in a more disadvantageous position than the pharmacist and the veterinarian. The purpose of this study is to approve the aquatic disease inspector as an occupation in KSCO. The important contents of this study are as follows. In the first place, this study looks around the general requirements of classifying the occupations in KSCO. The aquatic disease inspector satisfies the most general requirements. But, because of the similarities of job between the aquatic disease inspector and the veterinarian, the aquatic disease inspector do not satisfy the requirement for 'the principle of exclusiveness'. In the second place, this study looks around the classification system of KSCO. The classification system of KSCO is consists of multi steps. This study makes the plan for the appropriate occupation classification of the aquatic disease inspector. In the third place, this study looks for the legal methods to classify the aquatic disease inspector as an occupation in KSCO. In order to classify the aquatic disease inspector as an occupation in KSCO, many regulations of the laws about the aquatic disease inspector and the veterinarian are to be amended and the number of the aquatic disease inspectors is to be increased by the innovative measures.

The Liability for Unsafe Medical Product and The Preemption Clause of Medical Device Act (의료기기의 결함으로 인한 손해배상책임과 미국 연방법 우선 적용 이론에 관하여)

  • Kim, Jang Han
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.63-89
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    • 2014
  • In 1976, the Dalkon Shield-intrauterine device injured several thousand women in U.S.A. which caused the changes of medical deivce regulation. The Medical Device Regulation Act or Medical Device Amendments of 1976 (MDA) was introduce. As part of the process of regulating medical devices, the MDA divides medical devices into three categories. The class II, and III devices which have moderate harm or more can use the section 510 (k), premarket notification process if the manufacturer can establish that its device is "substantially equivalent" to a device that was marketed before 1976. In 21 U.S.C. ${\S}$ 360k(a), MDA introduced a provision which expressly preempts competing state laws or regulations. After that, the judicial debates had began over the proper interpretation and application of Section 360(k) In February 2008, the U.S. Supreme Court ruled in Riegel v. Medtronic that manufacturer approved by the Food and Drug Administration (FDA)'s pre-market approval process are preempted from liability, even when the devices have defective design or lack of labeling. But the Supreme Court ruled in Medtronic Inc. v. Lora Lohr that the manufactures which use the section 510 (k) process cannot be preempted and in Bausch v. Stryker Corp. that manufactures which violated the CGMP standard are also liable to the damage of patient at the state courts. In 2009, the Supreme Court ruled in Wyeth v. Levine that patients harmed by prescription drugs can claim damages in state courts. This may cause a double standard between prescription drugs and medical devices. FDA Preemption is the legal theory in the United States that exempts product manufacturers from tort claims regarding Food and Drug Administration approved products. FDA Preemption has been a highly contentious issue. In general, consumer groups are against it while the FDA and pharmaceutical manufacturers are in favor of it. This issues also influences the theory of product liability of U.S.A. Complete immunity preemption is an issue need to be more declared.

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Comparison of the Health Insurance Systems of South Korea and Peru

  • Kim, Yanghee;Tantalean-Del-Aguila, Martin;Dronina, Yuliya;Nam, Eun Woo
    • Health Policy and Management
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    • v.30 no.2
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    • pp.253-262
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    • 2020
  • Background: The public health care system of a country is shaped and driven by its historical background as well as social, economic, and cultural structures. This study sheds light on the unique features, strengths, and weaknesses of the health insurance systems of South Korea (Korea) and Peru. Methods: The capacity mapping tool was used to explore the Korean and Peruvian population and geographical structures; health insurance laws, regulations, and policies; payment systems; eligibility and contribution collection; and long-term care insurance. Results: The study found that the Korean government took the lead in integrating multiple insurers into a single-payer system in an effort to reinforce and stabilize its health insurance system in 2000. Peru has been developed mixed model such based on taxes and contributions, to address a gap between different social classes. Peruvian government developed a two-axis system, one for low-income earners, financed by taxes, and another financed by contributions paid by workers and government officials in the formal sector. Peru has introduced many variations to its fee payment and insurer systems, target population, and coverage scope, and maintains its health insurance system accordingly to this day. Conclusion: The current study provides observation of the Health Insurance System in two different countries and helps to understand possible ways to improve the health insurance system in both countries. Based on this study, Peru will be able to see how its system differs from Korea's and benefit from the related policy implications.

Implications of Price Setting Strategies for New Health Technologies from Five Countries (신의료기술에 대한 진료비 지불: 외국사례와 시사점)

  • Chung, Seol-hee;Kwon, Ohtak;Choi, Yeonmi;Moon, Kyeongjun;Chae, Jungmi;Lee, Ruri
    • Health Policy and Management
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    • v.30 no.2
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    • pp.164-177
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    • 2020
  • This study aims to compare the experience of selected countries in operating separate payment system for new healthcare technology and to find implications for price setting in Korea. We analyzed the related reports, papers, laws, regulations, and related agencies' online materials from five selected countries including the United States, Japan, Taiwan, Germany, and France. Each country has its own additional payment system for new technologies: transitional pass-through payment and new technology ambulatory payment classification for outpatient care and new technology add-on payment for inpatient care (USA), an extra payment for materials with new functions or new treatment (C1, C2; Japan), an additional payment system for new special treatment materials (Taiwan), a short-term extra funding for new diagnosis and treatment (NUB; Germany), and list of additional payments for new medical devices (France). The technology should be proven safe and effective in order to get approval for an additional payment. The price is determined by considering the actual cost of providing the technology and the cost of existing similar technologies listed in the benefits package. The revision cycle of the additional payment is 1 to 4 years. The cost or usage is monitored during that period and then integrated into the existing fee schedule or removed from the list. We conclude that it is important to set the explicit criteria to select services eligible for additional payment, to collect and analyze data to assess eligibility and to set the payment, to monitor the usage or cost, and to make follow-up measures in price setting for new health technologies in Korea.

Development of an electronic sow liquid feeding system using RFID (1) - Development and performance test of the prototype - (RFID이용 전자식 모돈 개체별 액상급이기 개발(1) - RFID를 이용한 모돈 액상급이기 제작 및 성능시험 -)

  • Kim, Hyuck Joo;Hong, Jong Tae;Yu, Byeong Kee;Kim, Sang Cheol;Choi, Kyu Hong;Chang, Hong Hee
    • Journal of Biosystems Engineering
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    • v.37 no.6
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    • pp.373-384
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    • 2012
  • Purpose: In EU, the animal welfare regulations are strengthening. Also, in Korea, for strengthening of animal protection laws, animal welfare farm certification scheme is being prepared to enforce. To get the certification of animal welfare farm, especially for sows, individual specific feeding in sow group is necessary in accordance with the animal welfare regulation. Also, liquid feeding is reported to be more effective for farrowing as well as dry sow. Therefore, in this study, a electronic liquid sow feeder using RFID which could be fed to farrowing sow simultaneously is developed. Methods : We manufactured a prototype of appropriate elements which were evaluated in the preliminary test for selecting RFID tag, supply pump, mixing type, etc. With the prototype, the performance test for liquid feeding gilt was done in group raising training barn. Results : The performance test result shows the C.V.(coefficient of variation) of liquid mixing and feeding is 0.77~1.97% and 2.4~5.3%, respectively, which means the system could feed sows uniformly. The feeding time of pneumatically activated ball valve is 2 seconds per 0.9 kg of liquid feed. The eating time for gilt were 65 seconds in average. Conclusions : The prototype could feed sow uniformly, and deliver the liquid feed 9 times for a sow continuously. Also, total eating time for a sow was 18 minutes in one visit to the prototype of feeding station.

A Study on an Improvement of the Fire-Protection System Category under the Enforcement of Housing Performance Rating System (주택 성능등급 표시제도 시행에 따른 소방시설 항목 개선에 관한 연구)

  • Lee, Su-Kyung;Lee, Dong-Yong;Hong, Dae-Hwa
    • Fire Science and Engineering
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    • v.24 no.2
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    • pp.126-132
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    • 2010
  • The Housing Performance Rating System, enacted on 9 January 2006, an active measure containing provisions on improved quality and advanced performance of the Fire-Protection System for equalized ability to secure safety of life to some extent, is a desirable policy in fire-safety regard. The study of theoretical background of each performance rating section for the purpose of active and wide application of The Fire-Protection System category of the Housing Performance Rating System currently in effect internally. In accordance with the result of the study, the reform measures for the currently detailed evaluation criteria have been suggested to improve the performance of the Fire-Protection area of The Housing Performance Rating System currently being in force based on the assumption of prior settlement of the following; upward settlement of the point distribution standards on the performance ratings of each head backed up by an institutional Government policy with overriding priority; and urgently enacted Fire-Protection related laws and regulations.

Improvements of Legal System for Security Enhancement of Korean National Assembly' Attending System (국회 방청제도의 보안강화를 위한 법·제도 개선방안)

  • Choi, Kwan;Kim, Minchi
    • Convergence Security Journal
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    • v.17 no.1
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    • pp.81-88
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    • 2017
  • The purpose of this study is to analyze any hinderance factors for successful attending system of Korean National Assembly and to provide improvement plans of legal systems to ensure security of National Assembly. First, the conceptualization and functions of Korean National Assembly attending system were discussed and related regulations and laws were also examined. Second, hinderance factors, such as sharp increase in 1) illegal behaviors, 2) bring in prohibited items, and 3) possibility of National Assembly terror, for successful attending systems were analysed. Third, improvements of legal system for security enhancement of National Assembly Attending System were discussed: 1) new legislation for providing National Assembly's security officers with special judicial police power is needed to deal with criminal behaviors and to protect human rights, and 2) legal reforms are required to provide right to command to National Assembly's Security Planning Office rather than National Assembly security office under Seoul Metropolitan Police Agency in order to unify commanding system.

A Study on Construction Management System for Settlement in Korea through the Case of Program Management of IIA Project (IIA Project PM 적용사례를 통한 CM체계 정착방안)

  • Oh Myung-Kap
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.96-101
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    • 2001
  • Incheon International Airport Construction Project the biggest national multi-complex construction project in a single area in Korea, the necessity for introducing the Program Management System has been brought up from the development stage due to its specific characteristics and environment and with the Project Management Services Contract in December 1994 the system has been established and operated. At the time of contracting, there were controversies over the expected effect of the system since there were no related laws and regulations in domestic construction codes. Furthermore the situation was very hard in which some practical problems have been found in the process of applying and operating the system due to the lack of recognition and infrastructure in Korea. Incheon. In spite of these difficulties, thanks to the devotion and efforts of the project participants along with thoughtful concerns from the industries and the academies, the project goal has been successfully accomplished. This paper will analyze the various problems arose in the process of applying the Project Management System to Incheon International Airport and present more practical and desirable ways so that it can help to make the environment for properly settling Construction Management at the earliest.

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A Study on Development of National Examination Security Service (국가시험 보안업무의 발전적 방안연구)

  • Ha, jeong hoon
    • Korean Security Journal
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    • no.55
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    • pp.75-95
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    • 2018
  • The purpose of this study is to find the development of the examination security business plan based on the problem that guards are now aware of examination security service. To achieve the purpose of this study, the interview was conducted by interviewing interviews with five field related graduates and seven field specialists who are currently engaged in the examination for more than six years. The guard who perform national examination security service proposed a development plan of national examination security services as follows. First, the security guards at the national examination must complete an education program suitable for the nature of the workplace. Second, disaster and emergency response training should be added. Third, national examination security guards should be provided with mental training, search equipment and advanced equipment. Fourth, The National Examination Security Service should be specified in the Security Law so that laws and regulations can actively respond. Fifth, the related organization (contracting party) must raise the cost of service according to reality after realizing the property. Sixth, The national security service should ensure that security guards who have completed the security guards' training will be recruited.

Analysis and Development Plans of Employment Policy for Persons with Disabilities in North Korea (북한 장애인고용정책 분석)

  • Jeong, Ji-Ung
    • The Journal of the Korea Contents Association
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    • v.20 no.3
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    • pp.627-634
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    • 2020
  • The purpose of this study is to analyze the employment policy for persons with disabilities, and to propose a policy development plan to promote employment of persons with disabilities in North Korea. For this purpose, this study reviewed the laws and employment status related in persons with disabilities in North Korea through literature studies and secondary data analysis as the context of the policy analysis. Since then, North Korea's employment policy for persons with disabilities was analyzed according to the framework of Gilbert and Specht(1974). The results of this study are as follows. First, the benefits of the North Korean employment policy for persons with disabilities are employment benefits and vocational skills development benefits. Second, segregated employment is mainly composed of employment policy for persons with disabilities. Third, the allocation of employment policy for persons with disabilities is centered on persons with mild and physical disabilities. Fourth, the delivery system of employment policy for persons with disabilities is segmented around the Cabinets and the People's Committee of each municipality. Based on the results of this analysis, this study suggests the development of employment policy for persons with disabilities in North Korea through the revision of regulations, the diversification of benefits, and the reorganization of delivery systems.