• 제목/요약/키워드: legal Protection

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Legal System Reasearch Relating to Retaliatory Crime (보복범죄 관련 법제연구)

  • Kang, Maeng-Jin
    • The Journal of the Korea Contents Association
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    • v.15 no.4
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    • pp.179-187
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    • 2015
  • Social unrest from retaliatory crimes is increasingly becoming problematic. Recently, there was an accident involving a suspect who went to a hospital and committed acts of retaliatory violence 11 times. This person's reasoning was that he was imprisoned due to the hospital's reporting to the police. He was consequently arrested in Boeun Choongbook on December 27th 2014. Accidents like this one take place frequently around our surroundings. There are regulations and systems in place. Nevertheless, similar cases that continue to take place makes us wonder if criminal judicial systems work well. Lukewarm responses to retaliatory crimes is not only threatening social security, but also placing fears in the minds of ordinary citizens. If retaliatory crimes take place, most citizens become apprehensive about criminal judicial activities of the police and mistrust for criminal judicial system. This at times discourages people from reporting incidents and could eventually increase crime rate and cause various social problems. Even though there are legal and systemic control measures, retaliatory crime is an increasing trend. This study is going to examine tendencies of internal retaliatory crimes and discuss legal-systemical responses.

Clinical Dental Hygienists' Awareness of the Medical Technicians Act and Clinical Performance in Korea

  • Back, Song-I;Min, Ji-Hyun
    • Journal of dental hygiene science
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    • v.20 no.2
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    • pp.97-106
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    • 2020
  • Background: In Korea, laws for many medical technicians were revised in the Enforcement Decree of the Medical Technicians Act (MTA), which was announced on December 2018, whereas those related to dental hygienists remained unchanged. This study aimed to determine the awareness and opinions of dental hygienists regarding MTA. Methods: Dental hygienist were recruited as participants via convenient sampling in Seoul, Gyeonggi-do, and Chungcheong-do; data from 291 self-reported questionnaire responses were used for the final analysis. We investigated the participants' general characteristics, awareness, and request for the amendment of the MTA. The compliance with the work scope specified in the MTA and level of demand for revision of the MTA were analyzed by independent t-test and one-way analysis of variance. For all statistical analyses, the significance level was set at 0.05. Results: For the 2018 MTA revision, 99 (34.02%) knew that dental treatment assistance and surgery assistance were excluded, whereas 192 (65.98%) did not know. The item "The current medical technician law must be revised" was scored 4.13±0.80 out of 5 points, and significant differences were identified according to the education level, career, and position (p<0.05). The item "It is necessary to institutionalize the expanded work scope beyond the work scope of dental hygienists specified in the MTA" was scored 4.02±1.04 out of 5 points, and significant differences were identified according to age (p<0.05). Conclusion: The participants wanted the MTA to be revised to reflect the real-world work performed by dental hygienists in the dental clinical field. The legal system must ensure the legal protection of the work area of the dental hygienist as an oral health professional, and recognize the legal work scope of the dental hygienist.

Legal and Institutional Considerations for Child Actor (아역 연기자에 대한 법적, 제도적 고려사항)

  • Hwang, Jun-Won;Kim, Bongseog;Yoo, Hee-Jeong;Bahn, Geon Ho
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.24 no.2
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    • pp.78-82
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    • 2013
  • Child labor is being recognized as the key issue of human rights, and the International Labor Organization and the Convention on the Rights of the Child emphasize that children are individuals with dignity and rights. Male and female child actors belong to a profession with wide public exposure and there is a potential danger of invading classes and roles not matching the developmental stage of the child. In this study, we would like to discuss international and domestic laws and future complementary measures surrounding legal and institutional issues that need to be considered for child actors. Although the basic rights for child workers are stated in the Constitution Article 32 Paragraph 5 and Labor Standards Act Articles 64 through 70, they are insufficient. Following the revised broadcasting deliberation regulations by the Korea Communication Commission and amendment of the Juvenile Protection Law, several changes are taking place in the working environment. In certain foreign places such as California, United States, the economic and educational rights of male and female child actors are being protected. Although legal and institutional frameworks for the male and female child actors are being reinforced, more consistent devices are needed. Consideration for working hours, regulations to keep up with learning while working, and preparation for physical and emotional influences are required to keep up with international changes.

Improvement to the Applicable Scope of Automatic Fire Extinguisher to Reduce Fire Damage (화재피해 감소 위한 자동소화장치 적용범위 개선)

  • Baek, Chang Sun;Park, In Seon
    • Journal of the Korean Society of Safety
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    • v.33 no.1
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    • pp.62-65
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    • 2018
  • The rapid progress toward the 4th industrial society has led to possibilities of fire increase. It is pointed out that, though initial fire suppression is emphasized, the current legal systems do not sufficiently recognize the importance of initial fire suppression. In order to resolve this, problems of the current legal systems and regulations, as well as fire-fighting facilities to be equipped according to the size of specific fire-fighting objects, were diagnosed. Also, suggestions for improvement were provided through comparative analysis with relevant laws and technical regulations of Korea and other countries. According to fire safety standards such as NFPA, IMO, ISO, and Russian standards, automatic fire extinguishers are to be installed as per the adaptability criteria of fire extinguishers and automatic fire extinguishers. In Korea, the "Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-fighting Systems" cover the types and scope of fire fighting facilities that include specific fire protection objects, such as electric room, power room, and substation room. This study has identified that, in case of a place with a floor area of less than $300m^2$, the installation requirement is not clearly specified. Therefore, in this study, fire extinguishing equipment and automatic fire extinguishing equipment to be added for each sub-use application are proved to have fire extinguishing performance of Class A, Class B, and Class C, respectively. In view of the fact that, in overseas standards, all space except containing such materials as Deep fire, metal fire and peroxide, can be installed with fire fighting equipment, a legal system for specifying the capacity units of fire fighting apparatus by application is, in this study, proposed.

Legal System Change on Business Establishment and Management in Digital Era (디지털시대에 있어서 창업경영에 관한 법제도의 변화)

  • Song, In-Bang
    • Journal of Digital Convergence
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    • v.11 no.3
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    • pp.23-31
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    • 2013
  • In Korea, middle and small-sized company takes up an absolute majority of all businesses, and most of them are founded as a limited company. Yet, it is a type of business that fits a company of certain size, and its establishment process is complicated due to various reasons such as investor protection. It is also required to have strict organization structure based on the principle of separation of ownership and management. Accordingly, as the principles may undermine entrepreneur's will to start business, there has been dramatic change in legal system on business establishment and management since 2010. The changes include streamlined process at the foundation stage and digitalization of many regulations on business establishment and operation for more convenience in starting business. Also, new business types for small-sized companies were adopted, and freedom to select business name has been enhanced. The issue of non-par value stock has been allowed, and various types of stock have been adopted for more convenient financing, defense against hostile M&A, and easier business succession.

A Study on Cybersecurity Bills for the Legislation of Cybersecurity Act in Korea (사이버안보법 제정을 위한 국내 사이버안보 법률안 연구)

  • Park, Sangdon;Kim, So Jeong
    • Convergence Security Journal
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    • v.13 no.6
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    • pp.91-98
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    • 2013
  • Cyber attacks threaten the national security in this day and age. The government of the Republic of Korea recently released the National Cyber Security Comprehensive Countermeasures as a new cybersecurity policy. But current legal system cannot provide legal basis for the implementation of such measures. The current legal system related to cybersecurity is applied in each sector, thus the governance system in cybersecurity is separate. So there are many problems in the governance system in cybersecurity. To solve these problems fundamentally, it is righter to make a new cybersecurity law than to revise existing laws. Meanwhile, lawmakers proposed some bills in Congress to strengthen the cybersecurity in Korea in 2013. It will increase possibility of legislation of cybersecurity act to make a law through the analysis of these bills and to derive the essential elements from those. and to reflect these in the new cybersecurity act.

Application of Police Video Equipment for Fighting Crime and Legal Trends (범죄 대응을 위한 경찰 영상장비의 활용과 법 동향)

  • Lee, Hoon;Lee, Won-Sang
    • Informatization Policy
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    • v.25 no.2
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    • pp.3-19
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    • 2018
  • With the introduction of video cameras into law enforcement, a great deal of police organizations have adopted the technology in their routine crime prevention activities. The up-to-date systems of ambient surveillance energized by CCTV, police wearable cameras, drones, and thermal imaging devices enable the police to thoroughly monitor public spaces as well as to rigorously arrest on-scene criminals. These efforts to improve the level of surveillance are often met with public resistance raising concerns over citizens' rights to privacy. Recent studies on the use of police video equipment have constantly raised the issues related to the lack of applicable legal provisions, risk of personal information and privacy infringement as well as security vulnerabilities. In this regard, the present study attempted to review the public surveillance methods currently used by law enforcement agencies worldwide within the context of public safety and individual rights to privacy. Furthermore, the present study also discussed the legal boundaries of police use of video equipment to address public concerns over privacy issues.

Critical Contemplation on the Naming of Older Persons in Legal Provisions (법규정상에 나타난 고연령자 명명(命名)에 대한 비판적 고찰)

  • Kim, Ju Hyun;Kim, Ji Hye
    • 한국노년학
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    • v.32 no.4
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    • pp.1147-1162
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    • 2012
  • Korean laws use several different terms to refer to seniors. This study looks into how older persons are defined in the laws with an aim to critically review the implications of the naming of older persons. For this goal, the laws that have been enforced since 1948 and those effective as of October 20 in 2011 were subject to analysis. The findings of this research are as the following. Korean laws have used a number of terms, including the terms meaning the old and infirm (nosoeja), old individuals (noin, goryeongja, noyeonja), and the old and weak (noyakja). However, such naming does not seem to be based on age. An analysis of noin and goryeongja, two most common terms used in Korea's legal provisions, shows the difference between social perceptions of seniors and the semantic formation of the terms. For example, noin is used in the context in which seniors are viewed rather negatively as subjects of social protection while goryeongja, a relatively neutral term, is preferred when the law sees the elderly as productive resources. It can be said that the perceived social values on senior citizens are reflected in the laws.

Preliminary issues and suggestions for promoting telemedicine: mainly in Japan (원격의료 추진을 위한 선결과제 및 시사점: 일본을 중심으로)

  • Kwon, Ju-Young
    • Journal of the Korea Convergence Society
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    • v.11 no.12
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    • pp.309-317
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    • 2020
  • In the post-corona era, telemedicine is becoming more important. This is the case in which it is written, in terms of this study, and in relation to the relationship between the Koreans and the Korean government. In addition, the aim is to prepare effective measures and seek policy suggestions for expanding the introduction of domestic telemedicine in the future. Although Japan has insisted on the necessity of introducing telemedicine in the medical community, it has institutionalized it with a cautious attitude until the establishment of telemedicine. On the other hand, South Korea lacks clear provisions on medical fees for telemedicine and legal measures regarding the responsibility for medical malpractice. Therefore, a clear legal interpretation of the telemedicine subject is needed, and a strategic approach is prioritized, including guidelines and measures for the legal responsibilities and limitations of physicians and patients.

A Study on the Safe Use of Data in the Digital Healthcare Industry Based on the Data 3 Act (데이터 3법 기반 디지털 헬스케어 산업에서 안전한 데이터 활용에 관한 연구)

  • Choi, Sun-Mi;Kim, Kyoung-Jin
    • Journal of the Korea Convergence Society
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    • v.13 no.4
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    • pp.25-37
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    • 2022
  • The government and private companies are endeavoring to help the digital healthcare industry grow. This includes easing regulations on the big data industry such as the amendment of the Data 3 Act. Despite these efforts, however, there have been constant demands for the amendment of laws related to the medical field and for securing medical data transmissions. In this paper, the Data 3 Act of Korea and the legal system related to healthcare are examined. Then the legal, institutional, and technical aspects of the strategies are compared to understand the issues and implications. Based on this, a legal and institutional strategy suitable for the digital healthcare industry in Korea is suggested. Additionally, a direction to improve social perception along with technical measures such as safe de-identification processing and data transmission are also proposed. This study hopes to contribute to the spread of various convergent industries along with the digital healthcare industry.