• Title/Summary/Keyword: legal methods

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Job Analysis by Department in Clinical Practice for Realization of Legal Scope of Dental Hygienists: Focusing on Conservation, Pediatric Dentistry, Prosthodontics, Oral and Maxillofacial Surgery, and Implant Departments

  • Yoon, Mi-Sook
    • Journal of dental hygiene science
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    • v.20 no.4
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    • pp.230-244
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    • 2020
  • Background: The objective of the present study was to specifically divide the various work performed by dental hygienists in clinical practice for legal amendments regarding problems associated with conflict between job roles and illegal delegation to establish key basic data for legislation and policy utilization for realization of legal scope of dental hygienists. Methods: The study used work reports drafted based on research methods in the "Second Job Analysis Report on Dental Hygienists" researched by the Korean Health Personnel Licensing Examination Institute in 2012 and "Opinions of Dentists on Actual and Legal Work of Dental Hygienists," a report published by the Korean Dental Hygienists Association. Of these, the study focused on conservation dentistry, pediatric dentistry, prosthodontics, oral and maxillofacial surgery, and dental implant treatment, which make up some of the fields covered by dental hygiene practice, to investigate and analyzed work performed by clinical experience. Results: Analysis of work actually performed in dental practice showed that for work related to 33 items presented in the study methods, the participants responded that they are currently performing such work or are likely to perform such work in the future, although there were differences by year. Investigation by type of workplace showed that dental hygienists working in university hospitals could perform the work presented if they had ≥5 years of dental hygienist experience, whereas dental hygienists working in dental clinics or hospitals could perform simple duties in their first year and performed more diverse duties with greater degree of difficulty after their second to fourth year. Conclusion: The reality that medical assistance during surgical operations and various procedures that is still being performed is no longer legally protected directly contradicts the needs in dental practice, and thus, there is the need to amend laws that are realistic by clearly recognizing the work of dental hygienists.

Digital Prostitution: International Legal Experience of Criminalization and Decriminalization

  • Baranenko, Dmytro;Lashchuk, Nataliya;Vynnyk, Anna;Rodionova, Taisa
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.400-405
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    • 2022
  • Legislative approaches to regulating the digital sex industry are increasingly being debated at the international and national levels. There is a trend showing an increased interest in the decriminalization of sex work. At the same time, in many countries, activities related to digital prostitution remain criminalized. In this regard, it is important to analyze the international legal experience of the criminalization and decriminalization of digital prostitution, as well as to pay attention to the key problematic issues that arise during the criminalization and decriminalization of such an issue. The object of the study is the international experience of criminalization and decriminalization of digital prostitution. The subject of the study is social relations that arise, change, and cease during the criminalization and decriminalization of digital prostitution. The research methodology consists of such methods as philosophical, logical, special-legal, system analysis methods, and formal-dogmatic methods. Research results. As a result of the study of the international legal experience of criminalization and decriminalization of digital prostitution, it was concluded that the criminalization and/or decriminalization of digital prostitution is treated differently in different countries. Workers in this industry advocate decriminalization, not legalization, because decriminalization puts power directly in the hands of sex workers and creates no legal barriers. Countries that have decriminalized digital prostitution believe that sex work is real work and should be treated respectfully, and banning resources such as OnlyFans is not in favor of such workers. Regarding positions on the criminalization of prostitution, countries use different models of such criminalization, including the model of legalization of digital prostitution, which, on the one hand, allows prostitution, but establishes criminal liability for deviations from the rules established by the state.

Study on Reorganization of the Legal System for the Integrated Rural Development (통합적 농촌지역개발 추진을 위한 법체계 개편방안 연구)

  • Park, Chang Won;Kim, Sebin;Lee, Junwoo;Lee, Bohwi;Gim, Uhn-soon;Koo, Seungmo
    • Journal of Korean Society of Rural Planning
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    • v.25 no.2
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    • pp.1-13
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    • 2019
  • The rural development policies and projects in Korea has been implemented with various related acts. For instance, these acts include Framework Act on the National Land, National Land Planning Utilization Act, Special Act on Balanced National Development, etc, enacted by each of adminstration. However, there are some limitations to encourage the variety of rural development policies due to duplication and overlapping between the relevant acts. Nowadays, the fields of rural development have been evolved and integrated not only by agricultural infrastructures but also in various fields such as multi-functional industry including rural tourism, green care, and cultural welfare, etc. Therefore, the current legal system may not effectively accept and support in various rural development policies and projects at all. This study tried to figure out the necessity of reorganization related legal system through the field survey to planners, residents and analysts regarding the correlation between legal systems and projects. For these reasons, this study tried to find out the problem of current legal system and then, suggested alternative methods related to the legal system for integrated rural development. The scope of the study is as follows; 1)correlation analysis between relevant laws and rural development projects. 2)field survey to figure out the legitimacy and validity for the reorganization of the legal system. At last the result of the research has suggested an alternative method to reorganize the legal system and proposed the new legal system with is good for integrated rural development.

A Study in the legal standards of healthcare facilities in Korea, China, and Japan (한국·중국·일본의 의료시설 법적기준과 그 변화 과정에 관한 연구)

  • Cho, Junyoung;Lei, Qingyun;Yang, Naewon
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.26 no.4
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    • pp.39-47
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    • 2020
  • Purpose: Korea, China, and Japan can be seen as a geopolitical community that has developed through various relationships in terms of history. However, nowadays, it seems that they are pursuing different societal goals resulting from the difference in political and social systems, demographic structures, and economic situations. The law provides the minimum standards for people's lives in the direction that the society pursues. Therefore, the aim of this study is to examine the architectural differences in medical facilities and their causes comparing the legal standards of medical facilities in Korea, China, and Japan. Methods: The subject of the study is Korea, China, and Japan's legal standards of facilities corresponding to the Korean medical service act; enforcement decree of medical service act; and enforcement rules of medical service act. The scope of the study is as follows: First, the facilities standards and the reason for the revision of the standards after the 1950s when the current system of each country was established are investigated and thus the changing trends of the facilities standards that each country has pursued are analyzed. Second, the range and level presented by the current facilities standards of each country are compared and the differences are analyzed. Finally, cases in which the differences in the legal facilities standards are reflected in the actual design are compared and the effect of the facilities standards of medical facilities on the architectural plan is identified. Results & Implications: Each country differs in the legal standards of facilities because of changes in demographic structure and experience of disease. Moreover, it is identified that differences in social operating systems, especially in the operating methods of medical facilities, affect the range and level enforced by the facility standards. When investigating and researching foreign standards of facilities and cases for foreign medical facilities, it is required that they should be analyzed in consideration of the social and cultural aspects of each country.

Synergy effect of legal highs with antibiotics (Legal High Plants와 항생제의 항균활성 비교)

  • Jung, Son-Hyo;You, Seon-Hee;Park, Cho-Hi
    • Journal of the Korean Applied Science and Technology
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    • v.37 no.6
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    • pp.1635-1645
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    • 2020
  • In this study would like to find extending or increasing the efficacy of the antibiotic substance for the strains with resistance to antibiotics or persister cells by inhibition of the resistance. This study was used different species of 'legal high' plants leaves from Leonotis leonurus, Mitragyna speciosa, and seeds from Ipomoea murucoides with antibiotics which are Amoxicillin, Chloramphenicol, Ciprofloxacin, Kanamycin, Oxacillin, and Vancomycin. Legal highs were extracted with methanol. Minimum inhibitory concentration(MIC) testing for a range of antibiotics with extracts of plant was fulfilled by broth dilution methods. In this essay, it was determined in a microdilution assay utilizing suspended in ISB up to a final concentration of 512㎍/ml in 96 wells microtitre plates, threefold and serial dilutions. After that, the microplates were kept in incubator between 35℃ and 37℃ for overnight. Leonotis leonurus, Mitragyna speciosa, and Ipomoea murucoides of Legal highs (512㎍/ml) investigated small activity to inhibit against pathogens which are susceptible Staphylococcus aureus, resistant Staphylococcus aureus, susceptible Enterococcus faecalis, resistant Escherichia coli.

Civil legal relations in the context of adaptation of civil legislation to the legislation of the EU countries in the digital age

  • Kizlova, Olena;Safonchyk, Oksana;Hlyniana, Kateryna;Mazurenko, Svetlana
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.521-525
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    • 2021
  • An essential area is the creation of a single digital market between the EU and Ukraine through information technology. Purpose: to investigate and analyze civil law relations in the field of adaptation of Ukrainian civil law to civil law regulations of the EU. The object of research: Ukrainian civil law and civil law of the EU. The subject of the study is civil law in the context of adaptation of civil law to the legislation of the EU. The following methods of scientific cognition were used during the research: semantic, historical, comparison, analysis and synthesis, generalization. The results of the study show that the harmonization of the legal system of Ukraine with EU law is caused by several goals: successful integration of Ukraine into the EU, legal reforms based on the positive example of EU countries, promoting access of Ukrainian enterprises to the EU market; attracting foreign investment, increasing the welfare of Ukrainian citizens. The adaptation includes three stages, the final of which is the preparation of an expanded program of harmonization of Ukrainian legislation with EU legislation. In the process of adaptation, it is important to take into account the legal history, tradition, features and mentality of Ukraine and before borrowing legal structures to analyze the feasibility of their application in the Ukrainian legal field.

Human Rights and Civil Freedoms: Anthropological Approach in the Theory of Law in the Age of Information Technology

  • Gavrilova, Yulia;Dzhafarov, Navai;Kondratuk, Diana;Korchagina, Tamara;Ponomarev, Mikhail;Rozanova, Elizabeth
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.199-203
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    • 2022
  • The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

A Review of Wetland Policies and Related Guidelines of Leading Nations and Korea with Emphasis on Creation of Artificial Wetlands

  • Lee, Yong-Hee;Lee, Mi-Jin
    • Ocean and Polar Research
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    • v.24 no.1
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    • pp.93-114
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    • 2002
  • Legal regimes of major countries actively involved in wetland programs including USA, Japan, Germany, Netherlands, and Denmark, show that these leading nations have developed their own legal regimes and policies for the conservation and restoration of wetlands since early 1990s. The main feature of their position is to preserve, create and restore wetlands, including tidal flats. However, this approach, so called 'mitigation' policy, is thus far, not a fully established policy but an evolving one. For Korea, there are only a few laws and policies which hint at the importance of creating coastal wetlands as a conservation measure, however, most of those systems only exist as vague provisions which lack any tangible and compulsory implementing procedures and technical guidelines. It seems that it is necessary to strengthen the legal measures for conserving coastal wetlands in Korea including specifying economic assessment methods and funding sources for the creation, restoration and rehabilitation of tidal flats to firmly establish a national wetland mitigation policy.

A Probe into the Laws Applicable to Foreign Religious Actions and the Actions of Foreign Religious Legal Persons : Observations Regarding Establishment and Initial Development in Taiwan (外國宗教(法人)在臺行為之準據法適用初探: 以設立與起始發展為研究核心)

  • Tsai, Peifen
    • Journal of the Daesoon Academy of Sciences
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    • v.34
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    • pp.203-238
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    • 2020
  • This paper focuses on legal risks and risk management affecting foreign religions or foreign religious legal persons in Taiwan. Beginning with an overview of relevant legal norms, types, processes, precautions, other such considerations, the purpose of this paper is to assist foreign religions when they first come to Taiwan for development. The contents of this paper can inform the adoption of a suitable methodology. If foreign religions want to come to Taiwan to develop, there may be several methods for their development: 1. Send Individual Missionaries to preach in Taiwan 2. Send Groups to Preach in Taiwan: 1) specify these groups as temples (or religious groups called "Lingtai (靈臺)"). 2) form civil associations or unincorporated religious groups 3) cases of temples that have not been registered (or specified as "Lingtai") 4) cases of offices and independent property and religious purposes that are not registered with the government or registered as temples (differentiated from item 3) 3. Establishing a research center in Taiwan: When foreign religions have established religious consortia in foreign countries, they can come to Taiwan to set up branches. 4. The establishment of legal persons in Taiwan: These are divided into "school legal persons", "religious corporate legal persons" and "religious consortium legal persons." Each of the above types has a different law applicable to it. This article will introduce the contents of each applicable law and important related matters such as the relevant funds, setting incentive rules for outstanding religious groups, and religious groups applying for foreigners. Due to foreign-related factors in the development and setting up of foreign religions in Taiwan, Act Governing the Choice of Law in Civil Matters Involving Foreign Elements is the parent law for solving conflicts regarding laws and regulations. The spirit of Article 2 and Italian Private International Law, Article 25, Paragraph 1 and so on, adopts the legalism of establishing legal personhood. It is clear that the national law regarding legal persons is the law under which it was incorporated. Therefore, foreign religious legal persons who encounter legal issues in Taiwan fall under the national law, which was established as domestic law. Therefore, internal matters regarding foreign legal persons are also applicable to domestic law.

Intellectual Property Disputes in the Era of the Metaverse: Complexities of Cross-Border Justice and Arbitration Consideration

  • Kye Hwan Ryu;Choong Mok Kwak
    • Journal of Arbitration Studies
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    • v.33 no.3
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    • pp.147-175
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    • 2023
  • The emergence of the metaverse, a complex three-dimensional virtual environment, has led to significant changes in the intellectual property (IP) landscape. This paper examines the challenges and legal intricacies of IP within the virtual realm, focusing on the unprecedented nature of these disputes and on the inadequacies of traditional jurisdiction methods. Drawing from international frameworks, including the International Law Association's Guidelines and WIPO's guides, the study critically explores arbitration as an alternate approach to metaverse IP disputes, analyzing its complexities and applicability. The paper further delves into challenges arising from diverse protection laws that pertain to the global nature of the metaverse, including the nuances of various digital assets like NFTs. By assessing jurisdictional difficulties, the paper addresses the adoption of decentralized justice platforms, and examines the role of Alternative Dispute Resolution (ADR) methods, this paper presents a comprehensive view of the evolving virtual legal field. It suggests that while innovative methods are emerging, traditional arbitration will likely remain the preferred choice for complex disputes, offering a balance of speed, cost-effectiveness, and legal robustness within the virtual world.