• Title/Summary/Keyword: legal methods

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A study on the violence victimization of the 119 EMT: Focusing on the physical restraints (119 구급대원 폭행피해에 대한 법적고찰 및 대응방안에 관한 연구 : 신체보호대를 중심으로)

  • Park, Si-Eun;Shin, Dong-Min
    • The Korean Journal of Emergency Medical Services
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    • v.23 no.1
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    • pp.35-48
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    • 2019
  • Purpose: This study aimed to explore the rationality for and countermeasures against the use of prehospital patient restraint (PPR) techniques in efforts to limit violent behavior toward 119 emergency medical technicians (EMTs). Methods: Previous countermeasures to limit violent behavior toward 119 EMTs and medical personnel were focused on strict reactive and passive proactive responses. However, those in support of the countermeasures do not believe that violent and criminal behavior can be limited or extinguished by strengthening the punishment unconditionally. Results: When it comes to the far-reaching effects of stigmatization on people who engage in violent and criminal behavior, it is possible that unconditional punishment leads to more crime, increases the costs of imprisonment, and consequently, adds to the financial burden of the government. Conclusion: Thus, we are faced with an urgent need to prepare legal grounds for the use of PPR techniques by 119 EMTs for agitated or combative patients only, with direct medical oversight. Moreover, the legal foundation for the use of PPR techniques also needs to be established for emergency medical personnel. The use of PPR techniques not only ensures the safety of emergency medical services personnel, but also protects patients from injuring themselves and others.

A Study on the Copyright Survey for Design Protection in Metaverse Period

  • Kim, Gokmi;Jeon, Ju Hyun
    • International journal of advanced smart convergence
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    • v.10 no.3
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    • pp.181-186
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    • 2021
  • Among human intellectual creations, the right granted by law to what is worth protecting is defined as intellectual property rights. Copyright is a legal right to creative finished products made by individuals, and in recent years, this legal right has been recognized as very important. In other words, copyright is a system created to protect the rights of individuals who created creations and to recognize their efforts. Works subject to copyright vary from poetry, thesis, novels to designs, paintings, music, and architecture, and the scope of the subject is gradually expanding. Recently, research has begun on how far the Metaverse design area absorbed into the real world among works. Computer-generated video productions and software program works are also subject to digital copyright protection, but it is also true that the interpretation of the author protection law for works, designs, and trademarks in the virtual world is unclear. This study aims to analyze copyrights based on case studies and theoretical backgrounds on copyright protection and to discuss the protection limitations of Metaverse design in the virtual world. In other words, the direction for the protection of Metaverse design is presented through clear distinction and definition of copyright protection in the tertiary virtual world. This study aims to present methods for design copyright protection in the era of Metaverse, respect copyright holders' creative activities, and develop our culture through protection of creations.

Effects of nursing record education focused on legal aspects at small and medium sized hospitals

  • Do, Taehee;Kim, Heejung
    • The Journal of Korean Academic Society of Nursing Education
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    • v.27 no.2
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    • pp.152-162
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    • 2021
  • Purpose: The purpose of this study was to examine the effect of nursing record education on the knowledge and performance of nursing record of nurses at small- and medium-sized hospitals. Methods: The participants were 62 nurses working in two small- and medium-sized hospitals. Thirty-two nurses comprised the experimental group, and 30 nurses comprised the control group. Nursing record education was provided for the experimental group. Data were analyzed by x2-test and t-test analysis using the IBM SPSS statistics 25.0 Program. Results: After education, the knowledge (t=2.43, p=.019), performance (t=2.19, p=.033) and behavior scores (t=2.42, p=.018) on nursing record were significantly higher in the experimental group than in the control group. Based on this result, nursing record education is an effective intervention to improve nurses' knowledge and performance in writing nursing records in small- and medium-sized hospitals. Conclusion: We suggest the development of a systematic and standardized education program on nursing record including its legal aspects, for nurses in small- and medium-sized hospitals. The results of this study can be used as basic data for developing a nursing record education program for small- and medium-sized hospitals.

Analysis of the Absorbance Pattern of Postmortem Blood Sample Using Spectrometer (사후 혈액에서 흡광도 분석의 유용성에 관한 연구)

  • Na, Joo-Young;Park, Jong-Tae
    • The Korean Journal of Legal Medicine
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    • v.42 no.4
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    • pp.126-140
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    • 2018
  • The diagnosis of cause of death (COD) or estimation of postmortem interval (PMI) is hard to perform using postmortem blood or other bodily fluids due to various biochemical changes that occur during the agonal phase or after death. To solve these problems, new paradigms and new analytical methods are needed. In this study, postmortem blood was fractionated with specific gravity 1.021, 1.029, 1.038, and 1.045, and the absorbance patterns of each sample of the 131 total cases (12 kinds of COD) were analyzed using a spectrometer. The absorbance was grouped into 9 patterns (ABS pattern 1 to 9) according to the wave length and the signal intensity. These patterns of postmortem blood were found to be distinctly different from the absorbance pattern of fresh blood. The analysis of ABS patterns is useful for the diagnosis of deaths due to acute or rapid bleeding, fire death, drowning and, in some cases, poisoning, but is not useful for the estimation of PMI.

In-house Contractors' Exposure to Risks and Determinants of Industrial Accidents; With Focus on Companies Handling Hazardous Chemicals

  • Shin, Kyusoo
    • Safety and Health at Work
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    • v.12 no.2
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    • pp.261-267
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    • 2021
  • Background: The series of serious industrial accidents in recent years at contractors to large companies has highlighted risk outsourcing as a real and urgent problem. This study aims to review the difference in the degree of risk exposure and the occurrence of industrial accidents depending on the type of company relations. Among in-house contractors, the focus will be on those handling hazardous chemicals that include companies for which outsourcing requires approval. Methods: This study uses the 9th wave of the Industrial Safety and Health Survey (2018). For determining the degree of risk exposure, the occurrence of industrial accidents, and industrial accident rate, multivariate, logistic, and fractional logit, regression analyses were used, respectively. Results: First, In-house contractors' degree of risk exposure is higher than that of the client companies. In particular, this gap is even greater for companies dealing with chemicals. Second, among only those that handle hazardous chemicals, in-house contractors do show a significantly higher rate of industrial accident occurrence. Third, In-house contractors have a significantly higher rate of industrial accidents from diseases than client companies. Conclusion: The analysis supports the intent of the legal amendment that strengthens the protection of in-house contracted workers who handle hazardous chemicals. Second, the results of this study suggest that safety and health management must go beyond legal compliance and ensure that it has substance and effectiveness. Last, there should be policy consideration is necessary to reduce attempts to hide industrial accidents.

A qualitative research on the dentists' perception of scope of practice of dental hygienists (치과의사의 인식에 중점을 둔 치과위생사의 업무 범위에 관한 질적 연구)

  • Moon, Sang-Eun;Hong, Sun-Hwa;Lee, Bo-Ram;Kim, Na-Yeon
    • Journal of Korean society of Dental Hygiene
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    • v.21 no.6
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    • pp.685-693
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    • 2021
  • Objectives: The purpose of this study was to identify dentists' perception of work performance and scope of work of dental hygienists. Methods: A phenomenological research method was applied for the proper role performance on March 1st, 2021 and June 10th to investigation eight dentists running their own dental clinics located in Gwangju and Daejeon metropolitan city. Results: The legal scope of dental hygienists has not been properly recognized. Conflicts have been experienced due to problems between dental hygienists and staff and their differences in knowledge or proficiency in their work. The performance of dental hygienists has been evaluated based on the size of the dental clinic's profit. Reviews and improvements in dental hygienists' scope of work and new business regulations are required. Conclusions: Consequently, it is recommended that the dental business industry carry out directional discussions and negotiations to review dental hygienists' scope of practice and bring improvements so that their work can be, in the end, be stably performed within the legal system.

A Critical Review on the Legislative Notice of the Enforcement Decree of the Serious Accident Punishment Act: Focusing on Serious Industrial Accidents (중대재해처벌법 시행령 입법예고안에 대한 비판적 고찰 - 중대산업재해를 중심으로 -)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.31 no.4
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    • pp.417-426
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    • 2021
  • Objectives: The purpose of the Act is to comprehensively consider the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act for each important issue in terms of system, content, and execution. Methods: We examine the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act in-depth from the perspective of the effectiveness of disaster prevention, consistency of the legal system, and harmony with legal principles. Results: The proposed Enforcement Decree of the Act on the Punishment of Serious Accidents hardly resolves the uncertainties of the law, and there are many aspects that are unclear in the enforcement ordinance itself and that do not comply with constitutional principles. As a result, it is judged that it is difficult to for it to serve as an accident prevention standard due to its low predictability and that it will be difficult to achieve effectiveness in accident prevention. Conclusions: Ultimately, the law itself should be extensively reorganized in order to ensure universal and sufficient effectiveness, including the abolition of the Serious Accidents Punishment Act. In the short term, even the Enforcement Decree of the Act should be reorganized and supplemented in accordance with the law and safety principles.

Review of the Law for Healthcare Workers in Kindergartens (유치원의 보건의료 인력 관련 법령 검토)

  • Jaehee, Yoon;Heesook, Son
    • Journal of the Korean Society of School Health
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    • v.35 no.3
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    • pp.84-91
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    • 2022
  • Purpose: This study aimed to identify the problems and improvement areas by reviewing the laws related to kindergarden healthcare workers. Methods: The laws were searched at the Korean law information center (https://www.law.go.kr/). We reviewed the 「Early Childhood Education Act」, 「School Health Act」, 「Medical Service Act」, 「Elementary and Secondary Education Act」and their enforcement decrees and rules. Results: The legal role of health teachers as school healthcare professionals was comprehensively specified by the 「School Health Act. However, the qualifications for and roles of health teachers were not fully described in 「Early Childhood Education Act], indicating a unclear legal basis for the qualifications for and roles of kindergarten health teachers. To support healthcare workers in kindergartens, it is necessary to amend the 「Early Childhood Education Act」 that provides the guidelines for qualifications for kindergarten health teachers in elementary, secondary, and special schools who have completed necessary continuing education. A health hub kindergarten could be a step-by-step option for all kindergartens to have healthcare workers. Conclusion: This review demonstrated the importance of amending the laws on kindergarten health teachers and health hub kindergartens for child health and safety. These findings could be used to support policies related to kindergarten healthcare workers.

Virtual Assets as the Newest Object of Property Rights

  • Davydova, Iryna;Zhurylo, Serhii;Tserkovna, Olena;Herasymchuk, Lidiia;Tokareva, Vira
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.115-120
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    • 2022
  • New realities of social relations are changing the understanding of certain phenomena, including the emergence of new concepts among the objects of property rights, such as: virtual assets, and the circulation of virtual assets. The rapid development of the virtual assets market involves the legislative consolidation of the status of such assets, changes in taxation, their circulation, and so on. These circumstances increase the interest in the study of virtual assets as the latest object of property rights and necessitate the study of this topic. The work aims to explore the theoretical developments and regulations on virtual assets in the modern world, as well as to summarize the conclusions about virtual assets as the latest object of property rights. The object of research is the content of the concept of "virtual asset" and its legal status. The methodology of work is represented by a set of methods and techniques that were used to achieve this goal, namely: hermeneutic, historical, extrapolation, comparative law, generalization, analysis, synthesis, and deduction. The study analyzed different approaches to understanding virtual assets, analyzed the characteristics of virtual assets, and concluded that in today's conditions there is no single unified legal regulation of virtual assets, although many countries are moving towards consolidating the status of virtual assets.

Analysis of court rulings on involuntary manslaughter or at-fault injury due to professional negligence by pediatric nurses: a systematic content analysis study

  • Song, Sung Sook;Kim, Eun Joo
    • Child Health Nursing Research
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    • v.28 no.2
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    • pp.91-102
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    • 2022
  • Purpose: This study systematically analyzed cases in South Korea wherein nurses were prosecuted for involuntary manslaughter or injury due to professional negligence in pediatric care. Methods: We analyzed the precedents using the methodology of Hall and Wright (2008) and Austin (2010). Of the 618 cases retrieved from the Supreme Court Decisions Retrieval System in South Korea, we selected the 12 cases in which children were the victims and nurses were the defendants, using a case screening methodology. Results: The most frequent penalty was a fine, and newborns were the most frequent victims. The distribution of cases according to Austin's violation categories was: improper administration of medications (n=5), failure to monitor for and report deterioration (n=4), ineffective communication (n=4), failure to delegate responsibly (n=4), failure to know and follow facility policies and procedures (n=1), and improper use of equipment (n=1). Conclusion: To ensure the safety of children, nurses are required to teach and practice a high standard of care. Nursing education programs must improve nurses' awareness of their legal obligations. Nursing organizations and leaders should also work towards enacting effective nursing laws and ensuring that nurses are aware of their legal rights and responsibilities.