• Title/Summary/Keyword: legal Protection

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An Analysis of the importance in fire-stations' works and redesign by disaster management steps (재난관리 단계별 소방업무 중요도분석 및 업무재설계)

  • Park, Chanseok
    • Journal of the Society of Disaster Information
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    • v.10 no.4
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    • pp.572-582
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    • 2014
  • Fire-stations' works limited to the existing fire protection rescue and emergency services in rapidly changing disaster environment are not difficult to deal with the fire service demand of the people any longer. In this study, after calculating the importance of the disaster management about fire-stations' works by disaster management steps thorough a survey of experts about Fire and Disaster, firefighting tasks are to be redesigned. Experts have the higher rating in preparation step of firefighting tasks. Because securing resources and building systems in preparation step and safety training in prevention step have a high importance, it is required to improve efficiency of firefighting tasks through redesign. The most important point in redesign is to realize fire-stations' works are to expand and to develop such a policy if fire-offices excavate the civil and government cooperation works and provide such legal and institutional basis of establishment and operation. And it should be sought to maintain international cooperation for international disaster response. Ultimately, fire-offices will have further expansion in quality and simultaneously quantitatively by excavating 'collaboration (business cooperation)' or enhancing existing works in addition to existing 'fire and rescue, first aid' business.

Regarding Issues on the Lawsuit of Medical Malpractice in the Implant Procedure -Focusing on the contract's legal character and the mitigation of burden of proof- (임플란트 시술상 의료과오의 소송상 쟁점에 관하여 -계약의 법적성격 및 입증책임 완화를 중심으로-)

  • Han, Taeil
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.143-163
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    • 2018
  • Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.

Plagiarism dispute Cases of Fashion Design and Undergraduate Students' Perceptions Regarding Plagiarism of Fashion Design (패션디자인의 표절 분쟁 사례와 대학생들의 패션디자인 표절에 대한 인식)

  • Kim, Jang-Hyeon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.10
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    • pp.480-489
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    • 2020
  • Controversy and legal disputes over counterfeit fashion designs have recently arisen in the fashion industry. The purpose of this study is to examine cases of counterfeiting disputes over fashion designs, and how the perception of counterfeit fashion designs is fostered from the learner's point of view, suggesting implications for the counterfeiting problem. As a result of this study, first, counterfeiting disputes over fashion design started from a lack of utilization of the Design Protection Act and the ambiguity in counterfeit design criteria. Second, the negative perceptions of counterfeit designs were mainly about unethical behavior, inhibiting the growth of the fashion industry, and reducing consumers' willingness to buy the genuine article. Positive perceptions were mainly about the process of creation, the promotion of a developmental environment for the fashion industry, and the expansion of opportunities to promote new designs. The most common perception was the absence of clear criteria for judgments about counterfeiting. Third, the implications of the counterfeiting problem in fashion design require effective institutional improvement in the fashion industry, the establishment of standards to deal with counterfeiting, the development and practical introduction of education proposals regarding intellectual property rights, and changing the perception of counterfeiting in the fashion industry.

A Study on the System Improvement Plan for an Efficient Market Maintenance Project (시장정비사업의 효율적 실시를 위한 제도개선방안 연구)

  • Kim, Seung-Hee;Kim, Young-Ki
    • Journal of Distribution Science
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    • v.11 no.4
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    • pp.23-35
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    • 2013
  • Purpose - This paper attempts to identify the problems and limitations of a market maintenance project conducted according to the 「Special Act for the Development of Traditional Markets and Shopping Street」 and to present a revised direction for the special law and lay the groundwork for market maintenance projects to be promoted smoothly. Research design, data, and methodology - The revised direction for the legislation and the proposal were written based on an investigation of the problems and the legal system, and proposed measures for market maintenance operation and system improvements to derive the improvements needed for market maintenance projects. Results - A market maintenance project has been conducted as a means to reinvigorate traditional markets that are economically depressed, and to revive the local economy. It was largely conducted in the form of reconstruction and redevelopment and represents the interests of landowners and merchants. Thus, it is most likely to contribute to the gradual disappearance of traditional markets. First, as part of a market maintenance project, many companies are building multipurpose buildings or high-rise residential buildings to increase profits. In these high-rise buildings, they can raise rents, which may not be affordable for some existing small businesses. To solve such problems, the large-scale store registration requirement needs to be relaxed or abolished once the market maintenance project is completed. If the large-scale store registration requirement is to be abolished, the term 'large retail store' should be changed in the 「Special Act for the Development of Traditional Markets and Shopping Street」. After registration, the Small and Medium Business Administration should train merchants, offer consultations, and support events, to the extent that the existing traditional market management modernization project permits, and further continue to manage and support its ongoing activities. However, unless large-scale store registration is abolished, adding an exception clause in the special law to relax large-scale store registration criteria, and permitting changes to building use is another option. At the end of a market maintenance project, empty stores should be purchased by the Small and Medium Business Administration, and local government, etc., at the actual construction cost, to utilize them as public rental shopping areas, which in turn may be re-utilized as a temporary market for another market maintenance project. The second problem in market maintenance projects is merchant-protection. Currently, the special law prescribes that a temporary market be created for merchants to conduct business during the rental period of a market maintenance project. Conclusions - In reality, a market maintenance project is conducted usually in big metropolitan cities with 500,000 residents or more. The main building type created under these projects is a multipurpose building. For this reason, it is very difficult to secure a location for a temporary market in the surrounding area of such a project. To solve this problem, this study suggests 'public rental shopping areas' as mentioned above.

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Application and Policy Direction of Blockchain in Logistics and Distribution Industry (물류 및 유통산업의 블록체인 활용과 정책 방향)

  • Kim, Ki-Heung;Shim, Jae-Hyun
    • The Journal of Industrial Distribution & Business
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    • v.9 no.6
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    • pp.77-85
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    • 2018
  • Purpose - The purpose of this study is to subdivide trade transaction-centered structure in a logistics/distribution industry system to apply blockchain, to establish and resolve with which types of technology, and to provide policy direction of government institution and technology to apply blockchain in this kind of industry. Research design, data, and methodology - This study was conducted with previous researches centered on cases applied in various industry sectors on the basis of blockchain technology. Results - General fields of blockchain application include digital contents distribution, IoT platform, e-Commerce, real-estate transaction, decentralized app. development(storage), certification service, smart contract, P2P network infrastructure, publication/storage of public documents, smart voting, money exchange, payment/settlement, banking security platform, actual asset storage, stock transaction and crowd funding. Blockchain is being applied in various fields home and abroad and its application cases can be explained in the banking industry, public sector, e-Commerce, medical industry, distribution and supply chain management, copyright protection. As examined in the blockchain application cases, it is expected to establish blockchain that can secure safety through distributed ledger in trade transaction because blockchain is established and applied in various sectors of industries home and abroad. Parties concerned of trade transaction can secure visibility even in interrupted specific section when they provide it as a base for distributed ledger application in trade and establish trade transaction model by applying blockchain. In case of interrupted specific section by using distributed ledger, blockchain model of trade transaction needs to be formed to make it possible for parties concerned involved in trade transaction to secure visibility and real-time tracking. Additionally, management should be possible from the time of contract until payment, freight transfer to buyers through land, air and maritime transportation. Conclusions - In order to boost blockchain-based logistics/distribution industry, the government, institutionally, needs to back up adding legal plan of shipping, logistics and distribution, reviewing standardization of electronic switching system and coming up with blockchain-based industrial road maps. In addition, the government, technologically, has to support R&D for integration with other high technology, standardization of distribution industry's blockchain technology and manpower training to expand technology development.

The Examination and Development Plan of Maritime Policing Act ("해양경비법" 검토와 발전방안)

  • Roh, Ho-Rae
    • Korean Security Journal
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    • no.32
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    • pp.95-122
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    • 2012
  • The ocean in the 21st century is getting emphasized as a treasury of natural resources and a growth engine for the nation. And nations around the world have entered into the hyper-competition to take the initiative for those marine resources. Under the situation, the Korea Coast Guard is devoting itself with full force to protecting maritime sovereignty, ensuring maritime safety and security and preserving the marine environment. Purpose of this study is to analyze Maritime Policing Act of 2012 and their problems and to suggest improvement measures. Objectives of Maritime Policing Act of 2012 is national Defence, policing for maritime security, protection of marine natural resources and marine facility in territorial waters and exclusive economic zone(EEZ) of Korea. Limits of Maritime Policing Act of 2012 are as follows. First, As organization related rules in Maritime Policing Act of 2012 are not enough, Maritime police agency Act should be revised and enacted in order to cope with future administrative demands and legal ground. Second, Article 22 penal regulation is more severe than regulations of another Act. Third, Article 14 should be made improvement for pre-prevention through the pre-report and the establishment of prohibition boundary in maritime demonstration.

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Problems and Improvement Measures for the transformation of World Geodetic System (지적공부의 세계측지계 변환에 따른 문제점 및 개선방안)

  • Kim, Geun-Bae;Jeong, Gu-Ha;Jeon, Jeong-Bae
    • Journal of Cadastre & Land InformatiX
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    • v.49 no.2
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    • pp.123-134
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    • 2019
  • The introduction of the world geodetic reference system in cadastral sector can apply the international standardization of cadastral survey and can be the basis for the creation of new industries by merging with other industries based on spatial information. With the introduction of the world geodetic reference system, non-coincidence land may cause problems which are whether the cadastral record and the real estate register are not consistent, etc. This problem infringes on the protection of ownership of citizens suggested in the main purpose of 「Act On The Establishment, Management, Etc. Of Spatial Data」. We have analyzed at overlapping cases between private land and overlapping cases between national and public land and suggested institutional improvement measures to solve problems arising on the site. As a result, it will be necessary to introduce a transformation verification measure by the world geodetic reference system in order to assign a function as a cadastral records to mapping converted to the world geodetic reference system. It is also expected that the legal and institutional basis should be established for alert adjustment and positioning through verification measures. Finally, it is difficult to determine the transformation factor as the co-ordinates of common points also differ because survey results vary by work area. Therefore, it is deemed necessary to consider the requirement to use the cadastral measurement basis by the world geodetic reference system in 2021.

A Study on Required Safe Egress Time (RSET) Comparison and Error Calculation in Relation to Fire Room Range Set Conditions of Performance Based Fire Safety Designers (성능위주설계자들의 화재실 범위 설정 방식에 따른 소요피난안전시간(RSET) 비교 및 오차산정에 관한 연구)

  • Baek, Sona;Choi, Jun-Ho;Hong, Won-Hwa;Jung, Jong-Jin
    • Fire Science and Engineering
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    • v.30 no.3
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    • pp.73-78
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    • 2016
  • The Installation, Maintence, and Safety Control of Fire-fighting Systems Act of South Korea regulates that over 30-storey high-rise buildings including underground spaces should vitally perform the Performance-based Design to minimize property damage and personal injury as a fire risk assessment in advance. Therefore a PBD designer such as a fire safety professional engineer evaluate occupant's life safety by a scientific methodology. In order to evaluate the life safety, fire safety designers calculate the Required Safety Egress Time (RSET) which does not have the legal criteria regarding the standard method of calculation yet. So this way has been showing different results depending upon the designer's choice, knowledges and experiences. In this study, RSET calculation methods by six designers respectively were analysed from the thirteen reports of real performance based design projects conducted in Busan for a last five years. In particular, the Response Time calculation methods which have the most powerful effect for figuring the RSET are compared with the other designer's to deduce an error value.

Permanency Plan for Adults with Mental Illness : Focused on Mental Health System of New Zealand (성인정신장애인의 평생계획모형 : 뉴질랜드 정신보건서비스를 중심으로)

  • Seo, Mi-Kyung
    • Korean Journal of Social Welfare
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    • v.58 no.2
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    • pp.33-56
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    • 2006
  • Primary care takers, especially older parents, who live with and care for an adult child with mental illness struggle with the dilemma of who will provide for their child's social and emotional needs and physical care requirements when they can no longer care so. Therefore, 'Permanency plan(financial, residential, legal plan)' is very important for social integration and normalization of mental illness adults. This study aims to introduce the mental health systems in New Zealand and to investigate the permanency plan strategies(benefit, supplements, and the laws) of the government and community support services of NGOs through the interviews with team leaders of representative NGO, Te Korowai Aroha. Permanency plan strategies of New Zealand Government and NGOs are as follows. 1) Financial plans for adults with mental illness include main benefit(invalid benefit), various allowances(family allowance and disability allowance), and wage subsidies for employment. 2) The Government provide accommodation supplement and re-establishment grant for residential plan. And NGOs have supported accommodation program to provide support and accommodation that are important for social integration. 3) Adult mental illness is provided the support of welfare guardian and property manager under the Protection of Personal and Property Rights Act. According the results, this study concluded that social services for the mental illness which secure supported accommodation and benefits is strongly needed. At the same time, mental health delivery system is needed to make distinction between social services and clinical services.

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A Security Model Analysis Adopt to Authentication State Information in IPTV Environment (IPTV 환경에서 가입자의 인증 상태정보를 이용한 인증보안 모델 설계)

  • Jeong, Yoon-Su;Jung, Yoon-Sung;Kim, Yong-Tae;Park, Gil-Cheol;Lee, Sang-Ho
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.35 no.3B
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    • pp.421-430
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    • 2010
  • Now a days, as a communications network is being broadband, IPTV(Internet Protocol Television) service which provides various two-way TV service is increasing. But as the data which is transmitted between IPTV set-top box and smart card is almost transmitted to set-top box, the illegal user who gets legal authority by approaching to the context of contents illegally using McComac Hack Attack is not prevented perfectly. In this paper, set-top box access security model is proposed which is for the protection from McComac Hack Attack that tries to get permission for access of IPTV service illegally making data line which is connected from smart card to set-top box by using same kind of other set-top box which illegal user uses. The proposed model reports the result of test which tests the user who wants to get permission illegally by registration the information of a condition of smart card which is usable in set-top box in certification server so that it prevents illegal user. Specially, the proposed model strengthen the security about set-top box by adapting public key which is used for establishing neighbor link and inter-certification process though secret value and random number which is created by Pseudo random function.