• 무역상무연구
• /
• 제19권
• /
• pp.191-223
• /
• 2003

Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.

• 한국산업보건학회지
• /
• 제33권3호
• /
• pp.375-383
• /
• 2023

Objectives: Coal-fired power plants feature diverse working conditions, including multi-layered employment structures and irregular work cycles due to outsourcing and non-standardized tasks. The current uniform occupational environment measurement systems have limitations in accurately assessing and evaluating these varied conditions. This study aims to propose alternative measurement and assessment strategies to supplement existing methods. Methods: Major domestic coal-fired power plants were selected as the study targets. To prepare for the study and establish strategies, work processes were identified and existing occupational environment measurement results were compared and analyzed. The study proceeded by employing three strategies: specific exposure groups (SEGs) measurement, continuous monitoring, and supplementary measurements, which were then compared and discussed. Results: Previous exposure index evaluations (5,268 cases) indicated that crystalline silica, a type of respirable particulate matter, had detection limits below the threshold (non-detectable) in 82.6% (4,349 cases) of instances. Exposures below 10% of the exposure limit were observed at a very low concentration of 96.1%. Similar exposure group measurements yielded results where detection limits were below the threshold in 38.2% of cases, and exposures below 10% of the limit were observed in 70.6%. Continuous monitoring indicated detection limits below the threshold in 12.6% of cases, and exposures below 10% of the limit were observed in 75.6%. Instances requiring active workplace management accounted for more than 30% of cases, with SEGs at 11.8% (four cases), showing a higher proportion compared to 3.0% (four cases) in continuous monitoring. For coal dust, exposures below 10% of the limit were highest in legal measurements at 90.2% (113 cases), followed by 74.0% (91 cases) in continuous monitoring, and 47.0% (16 cases) in SEGs. Instances exceeding 30% were most prevalent in SEGs at 14.7% (five cases), followed by legal measurements at 5.0% (eight cases), and continuous monitoring at 2.4% (three cases). When examining exposure levels through arithmetic means, crystalline silica was found to be 104.7% higher in SEGs at 0.0088 mg/m³ compared to 0.0043 mg/m³ in continuous monitoring. Coal dust measurements were highest in SEGs at 0.1247 mg/m³, followed by 0.1224 mg/m³ in legal measurements, and 0.0935 mg/m³ in continuous monitoring. Conclusions: Strategies involving SEGs measurement and continuous monitoring can enhance measurement reliability in environments with irregular work processes and frequent fluctuations in working conditions, as observed in coal-fired power plants. These strategies reduce the likelihood of omitting or underestimating processes and enhance measurement accuracy. In particular, a significant reduction in detection limits below the threshold for crystalline silica was observed. Supplementary measurements can identify worker exposure characteristics, uncover potential risks in blind spots of management, and provide a complementary method for legal measurements.

• 환경영향평가
• /
• 제2권2호
• /
• pp.49-53
• /
• 1993

Before the EIA was established in the Federal Republic of Germany, the impact mitigation principle - a planning instrument, which has its legal foundation in the German nature conservation legislation already had {and still has} the function to valuate environmental impacts. The valuation principles and methods which have been developed in correlation to this instrument are now also used in the EIA. Particularly for the valuation of alternating effects on the different ecological landscape functions and for the valuation of ecological mitigation and compensation measures this valuation methods are used. These methods base on a special kind of modelling nature and environment Following the aim of the nature conservation act, which is to save the capacity of the landscape to perform its essential functions, not the ecological factors (soil, water, air etc.) itselfs are evaluated but the ecological functions of the landscape, which are based on the ecological factors.

• 국제교류와 융합교육
• /
• 제4권2호
• /
• pp.21-41
• /
• 2024

이 연구의 목적은 국가교육과정모니터링단의 법적 규정과 그에 따른 문제와 과제를 모색하는데 있다. 연구 방법은 문헌 연구와 법 해석, 그리고 면담의 방법을 사용하였다. 문헌 연구는 국가교육과정모니터링단 관련 법제 및 정책 및 현황 분석에 활용하였고, 법 해석은 국가교육과정모니터링 관련 법 규정의 체계와 논리 정립을 위해 사용하였다. 면담은 법 해석에서의 오류를 줄이기 위해 법학전문대학원 교수와 교육전문직의 자문을 구해 본문 내용의 전개에서 직·간접적으로 활용하였다. 연구의 주요 내용은 우선 연구에 대한 문제의식을 바탕으로 법적 성격과 제도의 필요성에 대해 살펴보았다. 다음으로 국가교육과정모니터링단의 운영에 대한 평가를 하고, 이들 평가 결과를 토대로 문제와 과제를 제시하였다. 논의 결과는 법 시행령상의 문제와 과제, 고시 규정의 문제와 과제로 구분하여 제시하였다. 법 시행령상의 문제와 과제는 법률의 근거가 없는 목적의 규정, 설치의 임의성과 의견 제출의 의무성에 대한 불일치 규정, 모니터링단 조직의 구성과 역할의 불일치에 대한 논의를 하였다. 고시 규정상의 문제와 과제에서는 모니터링과 모니터링단 정의의 불일치, 인적 구성에서 대표성을 위한 자격 기준의 엄격성, 모니터링 범위의모니터링 정의와의 부정합성으로 구분하여 논의하였다. 이들 논의 결과 대표성에 치중을 하면서 조직을 구성함으로써 조직의 구성이 특수이익집단화 될 수 있는 여지가 있어 전문성을 토대로 대표성을 확립하기 위한 법제 개편과 운영의 합리화가 요청되었다.

• 농촌의학ㆍ지역보건
• /
• 제49권3호
• /
• pp.216-234
• /
• 2024

Background: Hapcheon-gun, Gyeongsangnam-do, is designated as an emergency medical vulnerable area, facing significant challenges in transporting and treating emergency patients. A detailed analysis of the regional emergency medical system is required to identify effective solutions. Methods: This study employed a mixed-methods approach, combining quantitative data from the National Emergency Medical Information System and emergency activity logs with qualitative data from focus group interviews involving 24 stakeholders, including medical staff, paramedics, civil servants, and local residents. Results: Quantitative findings indicated an aging population in Hapcheon-gun, with a growing number of elderly emergency room users. Despite the utilization of local emergency medical institutions, a lack of trust and preference for urban hospitals led even patients with mild conditions to seek care at higher-level facilities. Following the COVID-19 pandemic, transport distances and times for patients using 119 emergency services increased. Qualitative analysis identified several issues: limited capacity of local institutions, challenges in patient transport due to misaligned emergency medical zones, an increase in severely ill patients, and the absence of a coordinated emergency medical consultative body. Recommendations include strengthening local institutions through government support, realignment of emergency zones, legal reforms, the establishment of a continuous consultative body, and enhancing the capacity of medical staff, paramedics, and residents. Conclusion: Improving the emergency medical system in Hapcheon-gun will require targeted efforts in institutional strengthening, legal and administrative support, and capacity-building initiatives.

• Journal of the Korean Association of Oral and Maxillofacial Surgeons
• /
• 제43권5호
• /
• pp.318-323
• /
• 2017

Objectives: Mandibular angle reduction or reduction genioplasty is a routine well-known facial contouring surgery that reduces the width of the lower face resulting in an oval shaped face. During the intraoral resection of the mandibular angle or chin using an oscillating saw, unexpected peripheral nerve damage including inferior alveolar nerve (IAN) damage could occur. This study analyzed cases of damaged IANs during facial contouring surgery, and asked what the basic standard of care in these medical litigation-involved cases should be. Materials and Methods: We retrospectively reviewed a total of 28 patients with IAN damage after mandibular contouring from August 2008 to July 2015. Most of the patients did not have an antipathy to medical staff because they wanted their faces to be ovoid shaped. We summarized three representative cases according to each patient's perceptions and different operation procedures under the approvement by the Institutional Review Board of Seoul National University. Results: Most of the patients did not want to receive any further operations not due to fear of an operation but because of the changes in their facial appearance. Thus, their fear may be due to a desire for a better perfect outcome, and to avoid unsolicited patient complaints related litigation. Conclusion: This article analyzed representative IAN cutting cases that occurred during mandibular contouring esthetic surgery and evaluated a questionnaire on the standard of care for the desired patient outcomes and the specialized surgeon's position with respect to legal liability.

• 한국비블리아학회지
• /
• 제25권1호
• /
• pp.39-60
• /
• 2014

국내 대학도서관의 교내 지식자원 수집활동은 대학의 규모에 따라 차이가 크고, 디지털 자원의 수집은 일부 유형에 집중되어 있는 것으로 조사되었다. 최근 선진국 주요 대학들은 지식생산기지로서 이미지 개선을 통한 경쟁력 제고를 위하여 대학의 지식자원에 대한 OA기반 기관리포지토리 방식의 사회적 개방과 공유 활동을 활발히 전개하고 있다. 본고는 대학 지식자원의 통합관리 적임자로서 대학도서관의 역할을 제고하기 위하여, 대학원, 연구소, 교수학습센터, e-learning 지원센터, 박물관, 출판국, 기록관 등 교내 다양한 조직들이 생산하는 지식자원을 효과적으로 수집하고 통합관리하기 위하여 요구되는 관련법제의 개선방안을 검토하였다. 이를 위하여 전국 176개 종합대학의 도서관규정 운영 실태를 조사하여, 납본범위의 확대와 디지털납본을 촉진하기 위하여 필요한 정비방안을 제시하고, 관련 규정의 개선방안을 검토하였다.

• 보건교육건강증진학회지
• /
• 제23권2호
• /
• pp.121-140
• /
• 2006

Objectives: Safety is a primary health promotion issue in worksite because injury induces multi-fold loss of the human and economic resources to profit organization. The purposes of this study were to describe worksite health and safety education and management status in Korean manufacturing companies. Methods: The original population size of Korean manufacturing industry in 2004 was 74,398 and 2,960 factories were selected by the multiple stratified sampling method for this study. The health and safety manager or representatives of the selected 2,960 companies successfully finished in the face-to-face interview survey about company's general characteristics, health and safety management style, health and safety education hours conducted by the Korean Occupational Safety and Health Agency. Results: The manufacturing companies in Seoul and Kyunggi areas, small size, and clothes and press industries were related to low health and safety management and education status. The companies which assigned at least one safety manager were 70.5% and which had a health and safety room within the company were only 9.3%. The companies which took the health and safety education for their regular blue-collar employees more than the legal education hours were under 56.1% and the percentage of the companies which took their health and safety education for newcomers less than the legal limits was lower than any other types of health and safety education in workplace. The significant strong workplace health and safety management variables in predicting employee health and safety education were psycho-social variables such as the company own health and safety regulation and the workplace health and safety management committee organization. rather than physical variables such as health manager employment, safety manager employment. Conclusions: Systematic and legal approaches are effective to encourage workplace health and safety education, specifically, through sustaining health and safety managers and building the company-wide health and safety management system. Furthermore, theses approaches should primarily focus on the small companies of which sizes were under 50.

• 대한수학회지
• /
• 제54권4호
• /
• pp.1121-1148
• /
• 2017

Go is an ancient game of great complexity and has a huge following in East Asia. It is also very rich mathematically, and can be played on any graph, although it is usually played on a square lattice. As with any game, one of the most fundamental problems is to determine the number of legal positions, or the probability that a random position is legal. A random Go position is generated using a model previously studied by the author, with each vertex being independently Black, White or Uncoloured with probabilities q, q, 1 - 2q respectively. In this paper we consider the probability of legality for two scenarios. Firstly, for an $N{\times}N$ square lattice graph, we show that, with $q=cN^{-{\alpha}}$ and c and ${\alpha}$ constant, as $N{\rightarrow}{\infty}$ the limiting probability of legality is 0, exp($-2c^5$), and 1 according as ${\alpha}$ < 2/5, ${\alpha}=2/5$ and ${\alpha}$ > 2/5 respectively. On the way, we investigate the behaviour of the number of captured chains (or chromons). Secondly, for a random graph on n vertices with edge probability p generated according to the classical $Gilbert-Erd{\ddot{o}}s-R{\acute{e}}nyi$ model ${\mathcal{G}}$(n; p), we classify the main situations according to their asymptotic almost sure legality or illegality. Our results draw on a variety of probabilistic and enumerative methods including linearity of expectation, second moment method, factorial moments, polyomino enumeration, giant components in random graphs, and typicality of random structures. We conclude with suggestions for further work.

• 대한한의학원전학회지
• /
• 제27권4호
• /
• pp.181-198
• /
• 2014

Objectives : This study was to analyze definitions of herbal medicinal preparations, crude drug preparations, and new drugs from natural products in the relevant laws and regulations, understand the related problems, and propose directions for improvement. Methods : I analyzed the legal definitions in respect of herbal medicinal preparations, crude drug preparations, and new drugs from natural products in relevant laws and regulations since 1945, explained the problems, and suggested the solution-considering the academic stance of Traditional Korean Medicine and the dualistic medical and pharmaceutical system. Results : Regarding the current laws and regulations that are relevant to herbal medicinal preparations, we should 1) clarify the boundaries between the duty of physicians and that of pharmacists, 2) limit the principles of Korean Medicine as well as the contents of the related textbooks, 3) find a way to protect the intellectual property rights for herbal medicinal preparations, and 4) establish a separate standard for drug classification regarding herbal medicinal preparations. In case of crude drug preparations, we should 1) clarify the meaning and limitations of the phrase, "the point of view of Western medicine," and 2) establish a classification standard for drugs that are used in Korean Medicine and clarify the boundaries between herbal drug preparations and crude drug preparations. Furthermore, laws and regulations apropos of new drugs from natural products do not actually fit the concept of "new drug," and due to subordinate laws, a supplement to a new drug submission is contradictorily misclassified as a new drug from natural products. Conclusions : The problems of legal definitions of herbal medicinal preparations, crude drug preparations, and new drugs from natural products have emerged in the process of giving approval to drugs that are made of herbs and natural products under the dualistic medical and pharmaceutical System. Laws and regulations that differentiate the process of approving herbs that are used in Korean Medicine and the others should be established.