• Title/Summary/Keyword: legal Protection

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A Study on the Dispute of Product Liability in Korean Importers (수입업자의 제조물책임(PL) 분쟁에 관한 연구)

  • Byun Joon-Young
    • Journal of Arbitration Studies
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    • v.13 no.1
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    • pp.245-283
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    • 2003
  • Since enactment of the Product Liability Act(PLA) on July 2002, Enterprises in Korea should be insured the Product Liability under the Act. Therefore they had to make a special team and organize it to match with the Act. However, some enterprises didn't follow and prepare the team for the dispute resolution. For example, in America, many enterprises had been attacked the PLA and in Japan, as well. but Korea is rare for the PLA. Thus, this is to research the PLA for protecting the disputes. Upon this study, 1 would like to suggest some issues and a revision of the PLA. Those are the purpose of my research. In this study, it consists of 5 chapters for achieving the purpose of the research. Introduction of this study is mentioned in Chapter 1, and Chapter 2 is for outline of the PLA in Korea. At Chapter 3, the cases are analyzed in the disputes of importers to address important things we have to check. After the analysis, resolution methods in general on import practices are suggested at Chapter 4. Also, this study is summarized at Chapter 5 including further research. In this research, 1 find out complex of Product Liability insurance and issues related with PLA. For protecting the issues and disputes; importers should prepare a agreement of arbitration during the preparation of contracts. Nothing can be better than prevention on any disputes, but they can be happened sometimes without any intentions or by mistake. Solving these issues, the resolution methods of this research are the most valuable. The mediation and the negotiation do not force any legal matters. So, the dispute through them does not have a positive resolution, and the effectiveness of them is very low. Due to the resolution of issues, arbitration is a desirable resolution. In Korea, most people do not know about the arbitration due to the lack of understanding of arbitration. Currently arbitration related with Product Liability has not been followed up promptly because procedures and judgement from a court take for a long time. In sum, in order to solve the disputes properly, they should be supported by the arbitration system to concrete essential objectives, so to speak, protection of the victim and the improvement of arbitration. In addition, the systematic arrangements would be required to carry out all the methods above mentioned. Those are for manufacturers, importers, and customers for the dispute resolution.

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A Study on the Advocacy System for Service User in Social Welfare (사회복지에서의 이용자 지원을 위한 권리옹호(Advocacy) 시스템에 대한 고찰)

  • Lee, Myoung-Hyun
    • Korean Journal of Social Welfare
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    • v.56 no.2
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    • pp.29-52
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    • 2004
  • Social welfare has transformed from a provider-centered welfare into a user-centered welfare. This trend have to increase the right to welfare and convenience for users. If the goal of social welfare guaranteed the respecting man's life and dignity, we had not regarded service users as the weak in the welfare system. The reinforcement of service users as the reconfirmation of welfare user's identity, mistreatment and violation of another's rights, self-determination must have the advocacy system. The advocacy for social welfare is the activity for benefit of individual, group, and community, and, protection, guarantee and maintenance of client's right. However, the client is hard to realization of right. therefore We have to support the activity for advocacy. The advocacy take aim the basic need of life and need the system for life support and safeguard client's rights. The mission of the advocacy for welfare service user is to advance the dignity, equality, self-determination, and expressed choices of individuals. We promote, expand, protect and seek to ensure the human and legal rights of individuals through the provision of information and advocacy. The advocacy system will carry out this mission in partnership with welfare service users. The goals for the advocacy system are organized into the following focus areas, which are not listed in order of priority: the majority guardian system and the support activity for service users, a predicament solution activity, service assessment, informed concent system.

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A Case Study of Home Health Care for Postpartum Women and their Newborns (산욕부와 신생아의 가정간호 사례연구)

  • Jun, Eun-Mi
    • 모자간호학회지
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    • v.4 no.1
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    • pp.3-11
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    • 1994
  • Presently there is an increasing demand for home health care services due to changes in the demographic structure as a result of an increasing elderly population, socio-economic improvements, and changes in the family structure, as well as the growing number of people with degenerative diseases. In addition to these reasons, rising medical costs and there a shortage of patient beds space in the hospital, particularly since introduction of national medical insurance. There has been an increasing demand for health care health care services. This study was done to identify the basic data for home health care management. It focused on developing client selection criteria, assessment tools, and recording methods. This was accomplished by the researchers visiting the patients in their homes. The research process included preparation investigation, tool development, training of the project researcher, and visiting the clients in their homes. The research tools are as follows : 1. Record development : a) The selection criteria tool for home health care of postpartum women was a structured tool and consisted of four parts. b) The structured assessment tool consisted of a general items, obstetric history, past medical history, methods of feeding, medications taken before admission, laboratory test results, discharge instructions, discharge medications, family tree, economic status, environmental status, a map, health assessment of postpartum women and their newborns. c) The visit note I consisted of the frequency of visits. Visit note II consisted of the date ; nursing problems ; nursing process including the initial assessment ; nursing goal ; visit plan ; postpartum women and their neonate health status, diagnosis, goal, implementation, evaluation, summary, next plan, for visit revision. d) Problem note consisted of the date, problem numbers, nursing diagnosis, problem appearance date problem resolution date. The research results are as follows : 1. Nursing problems : The nursing problems of the postpartum women and their neonates were evaluated by the number of nursing diagnoses and the change in the pattern of nursing diagnosis related to the number of visits. a) Nursing diagnosis The nursing diagnosis was classified according to physical function, psychosocial function, family system maintained function. b) The changes of nursing diagnosis related to the number of visits. As the type of nursing diagnosis changed related to the number of visits the number of nursing diagnoses decreased. 2. Contents of home health care : The content was categorized according to assessment, direct care, counseling, education, family care, reporting to with the attending doctor. The recommendations based on the research results are as follows : 1. Tool development Replication of this study is needed to test the validity of the assessment tools used. 2. Home visit a) Home health care nurses should be licensed and qualified. A referral form from the attending doctor is needed for legal protection of nurses. b) The first home visit need to be within 24 hours of discharge from the hospital to decrease the anxiety of frightened postpartum women. c) When the changes occur in the newborn's status, home health care nurses should consult a pediatrician. Communication within the home healthcare team is essential and needs to consistent and done smoothly. 3. Home health care A Study is required to develop protocols for education of staff and for operation of all aspects of this program.

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Experimental Study on the Self-extinguishing Performance of Extruded Polystyrene Insulation for Buildings and Suggestions on Institutional Management (건축용 압출법 단열판(XPS)의 자기소화성에 대한 실험적 연구 및 제도적 관리에 관한 제언)

  • Kang, Jung Ki;Choi, Don Mook
    • Fire Science and Engineering
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    • v.34 no.3
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    • pp.141-149
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    • 2020
  • The Korea Industrial Standards (KS) stipulates methods and test procedures for measuring the horizontal combustibility of cellular plastics exposed to small flames (KS M ISO 9772:2018) and recommendations regarding the magnetic digestion of extruded polystyrene insulation (XPS) for measurement results (KS M 3808:2020). Although products that are certified to conform to KS standards must have burning characteristics (self-extinguishing), they are incinerated and spread by welds at construction sites, causing significant human and property damages. In this study, XPS produced by five companies, certified by KS, and sold in the market were purchased and tested for ignition and diffusion caused by a weld bullion at a construction site. The results showed that the five products had differences in performance. Three out of the five products were found to be self-saturated, but the other two were easily ignited and diffused, making it difficult for them to be self-extinguishing. Based on the result of this experimental investigation in line with the KS regulations, all the three types of products, including two types of products that were incinerated through weld defects, were found to be non-self-extinguishing, as specified in KS M 3808.

Study on elements for effective infection control at dental hospitals (효과적인 치과병원 감염관리의 구성요소에 대한 고찰)

  • Bae, Sung-Suk;Lee, Myung-Sun
    • Journal of Korean society of Dental Hygiene
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    • v.11 no.4
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    • pp.557-569
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    • 2011
  • Objectives : Based on the system and control activity for the monitoring system made of components for infection control at dental hospitals and infection rate reporting, and the role of trained infection control staff, this study tried to understand approaches to the effective infection control program by surveying infection control at dental hospitals in Korea. Methods : The survey was conducted from December 14,2010 to January 31,2011 for 121 dental hospitals in Korea. For statistical analysis, PASW Statistic 18 was used. Results : And following conclusions were reached. 1. As for the infection control system at dental hospitals, 54.7% has an infection control committee, 58.7% infection control staff, 78.5% infection control rules, and 39.7% annual infection control plan and record. 2. As for surveillance indexes to report infection rates, 50.4% has the reporting system for staff's exposure to infectious disease and needle pricking. The average number of exposures to infectious disease was $0.28{\pm}2.23$ and that of needle pricking was $1.83{\pm}5.39$. 3. As for infection control indexes, it was reviewed whether infection control rules were implemented according to operation agents, general hospitals were more active in staff infection control, and hospitals annexed to a dental university or special legal entity were more active in microorganism control. As for use of personal protection gear, there was no significant difference among operation agents. More than 71% of operators and their assistants said they did not replace their masks between patients. 4. As for personnel indexes for effective infection control staff, most hospitals designated dental hygienists, which was followed by dental doctors (or doctors). Where their workload was reviewed, the ratio of other work such as treatment was relatively higher than that of infection control (n=71). Conclusions : These results show dental hospitals in Korea have a certain level of infection control system. As infection indexes are managed mainly for staff members, patient monitoring is needed, and trained and effective infection control staff should be designated. This study reviewed surveillance, infection control and personnel indexes. And further studies are needed in the future.

The Legal Issues of Private Investigation Service in WTO/FTA System : Study of South Korea (WTO/ FTA 체제에서 민간조사업의 법적문제)

  • Ko, Ji-Hoon;Park, Hyeon-Ho
    • Korean Security Journal
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    • no.27
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    • pp.161-195
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    • 2011
  • As crimes have increased to an extent that the police cannot cope with, there have been continuous discussions for the introduction of Private Investigation (hereafter PI) in Korea. However, attempts to legislate for the introduction of PI have failed every time PI bills for the introduction of PI were proposed. This was fundamentally because arguments both for and against the introduction of PI were sharply divided depending on the priorities. However, regardless of those clash of views, an apparent need for the legislation of PI service has arisen. As Korea opens its service market to other countries through GATS and FTAs, currently existing domestic PI law has been found to be inconsistent with international agreements such as GATS and KOREA-US(KORUS) FTA. This paper found that the Act on Usage and Protection of Credit Information which regulates PI service is inconsistent with the Article 12.4(a)(i) and (iii) of KORUS FTA and the Article 7.11 and the Article 7.13 of KOREA-EU FTA. If Korea does not modify the existing laws and establish new laws in relation to PI, such inconsistencies could lead to international trade disputes which could amount to billions of dollars. In this regard, the passage of the PI bill is necessary.

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Establishment of Korea National Counter-terrorism System and Development Plan (국가대테러체제의 구축 및 발전방안)

  • Park, Jun-Seok
    • Korean Security Journal
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    • no.42
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    • pp.229-249
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    • 2015
  • As the post-cold war era and globalization go on, national security problems which were not traditional national security problems such as terrorism, crime, environmental disasters, economic crises, cyber-terrorism, diseases, and energy problems threat humanity and nations and demands changes. Also, with the change, the concept of "big government" has emerged as the role of nation expanded. The modern society sees every country change from small government to big government in order to realize the establishment of welfare state. A comprehensive interpretation of security is needed in order to comprehensive protection of citizens beyond outside invasion such as crime, new disaster, terrorism. In Korea, incidents such as Cheonan-Ham, Yeonpeyong-Do, foot-and-mouth disease, Ddos terrorism, pirates hostages, mad cow disease, AI are happening and the humanitarian support for North Korea and the summit of South and North Korea are at a standstill. Also, National emergency management system, comprehensive emergency management center, countrol tower, national security system, cooperation with citizens, establishment of legal and institutional system are needed. The importance of this research is on the reestablishment of new national security and emergency management system according to the comparison between the national security and counter-terrorism system of Korea and that of the United States which is a leading country in this field. Also, the establishment of national emergency management act is needed as a statute for effective function as currently various laws and administrative organizations are dispersed.

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Perceptions of the Security Management at Critical Facilities in South Korea: College students' attitudes toward increasing demand for security personnel and the alternatives to police (공공부문 정규직 전환 및 의무경찰제도 폐지에 따른 보안산업 변화에 대한 인식)

  • Wang, Sug-Won;Choi, Yeon-Jun
    • Korean Security Journal
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    • no.61
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    • pp.87-107
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    • 2019
  • With the government policy on converting contract workers to full-time employees, there have been significant changes about the security personnel at the nation's critical facilities, including the National Assembly Building and airports. Moreover, the scheduled disbandment of the conscripted police force in 2023 has raised concerns about security management at different government agencies. To examine the college students' perceptions on the possible alternatives to fill the expected security gap, 234 undergraduate students of security management and protection in the Seoul metropolitan region were surveyed. Particularly, a comparative analysis was conducted on the legal bases and supervision, the employment types and salaries, and the scopes of responsibility and authority of suggested alternatives were compared. The results showed that utilization of private police forces was thought to be the most effective option. Based on the research findings, the university departments should develop and maintain a quality curriculum to educate their students to be prepared security professionals with a focus on emergency response capabilities and martial arts, including the courses on private police law and emergency rescue and cardiopulmonary resuscitation (CPR).

A Study on Spam Regulation (스팸규제에 관한 연구)

  • Baek, Yun-Chul
    • Journal of Information Management
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    • v.38 no.4
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    • pp.48-67
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    • 2007
  • The economic burden which our society has to take exceeds the benefit that it becomes by the free circulation of information. Problems such as inconvenience or inequality between people can also occur since the regulation task of spam e-mail or SMS is imposed on two organs; the Department of Information and Communication and Free Trade Commission. The dualization of regulation separates related laws, which makes exception according to the $\ulcorner$Law on Information Communication Usage and Information Protection$\lrcorner$ or poses double regulation toward the same case. The spam prevention activity at free hands of information communication network provider such as portal site or mobile communication has many limitations along with comparison and analysis of spam regulations abroad. Therefore, examinations on legal obligation such as service restriction, identification and technical measure to spam prevention is needed. This study focuses on making the scope of spam regulation clear by considering the domestic related laws and the general environment of industry, on enacting law which regulates spam including advertisement and on deducting essential facts in enacting or modifying related laws and thus, deducting the form and contents of spam regulation law which is most decent in our domestic environment.

A Study on Lawsuit Cases and Measures of Emergency Medical Service (응급의료서비스 중 발생되는 소송사례와 대책 연구)

  • Kwon, Hay-Ran
    • The Korean Journal of Emergency Medical Services
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    • v.13 no.3
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    • pp.77-90
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    • 2009
  • Civil complaints and lawsuits filed in the process of providing emergency medical service include fall accident on the way of carrying the patient, transfer consent, refusal and rejection of rescue request, range and behavior restriction of emergency medical technicians, false registry of logbook, neglect of duty and emergency patient, and violation of traffic laws on the way of dispatch to the scene of accident. This study suggested the measures by cases as follows. 1. The accidents on the way of carrying a patient could be divided into fall of patient and fall by paramedic's mistake. In the former case, damages caused by the ambulance's shaking must be notified to the patient and guardian and recommended to fasten seat belt, in the latter case, the plan of patient's posture, route of transport, rescue and equipments should be comfirmed before fixing the patient. 2. Transfer consent must be made as implied when the patient is unconscious under delusion and was not able to consent physically, and paramedic must take an action by his judgment and record details of services on logbook. 3. When a patient refused to transfer, get 'confirmation of transfer refusal' and inform him of refusal. Paramedic should receive the signature. In addition, in case of refusal, transfer request should be made after hearing doctor's opinion and it should be notified to transfer request and superintendent of fire station after making 'confirmation of transfer refusal'. 4. Emergency medical technicians should perform their duties within the range of services prescribed by Article 41 of Law of Emergency Medical Service and Article 33 of Its Enforcement Regulations and shall not make announcement of death. In case of reporting the death to guardian, it is desirable to use record data like ECG results. 5. The best way to have protection from legal problems is making and keeping the exact records of accident and patient. Paramedic should not mention his subjective opinion about the accident-related matter. He must record correctly and keep the original medical records. 6. As emergency medical technicians are responsible for taking care of emergency patients, they must contact a briefing room when they meet a difficult situation suddenly due to vehicle stop or treatment of other patients and then must have support from neighboring hospital and other safety centers. 7. Since the ambulance operator is responsible for safety and careful driving of ambulance, he must be careful when he violates traffic regulations unavoidably. The operator should drive slowly below 10km/h at an intersection and pass it after getting way from general vehicles driving from all directions.

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