• Title/Summary/Keyword: legal methods

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A Methodology of Automated Analysis and Qualitative Assessment of Legislation and Court Decisions

  • Trofimov, Egor;Metsker, Oleg;Kopanitsa, Georgy
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.229-235
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    • 2022
  • This study aims to substantiate an interdisciplinary methodology for automated analysis and qualitative assessment of legislation and court decisions. The development of this kind of methodology will make it possible to fill a number of methodological gaps in various research areas, including law effectiveness assessment and legal monitoring. We have defined a methodology based on the interdisciplinary principles and tools. In general, it should be noted that even at the level of qualitative assessment made with the use of the methodology described above, the accumulation of knowledge about the relationship between legal objectives, indicators and computer methods of their identification can reduce the role of expert knowledge and subjective factor in the process of assessment, planning, forecasting and control over the state of legislation and law enforcement. Automation of intellectual processes becomes inevitable in a digital society, but, releasing experts from routine work, simultaneously reorients it to development of interdisciplinary methods and control over their application.

Improvement of Waste Drug Management System by Comparing Domestic and Overseas Programs (국내외 제도 비교를 통한 폐의약품 관리 개선 방안)

  • Kim, Ho-Jung;Choi, Ye-Ji;Lee, Iyn-Hyang
    • Korean Journal of Clinical Pharmacy
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    • v.29 no.4
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    • pp.286-294
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    • 2019
  • Background: At the end of the'Waste Drug Disposal Project', collection and disposal of waste drugs remain a social issue. Objective: This study aimed to provide suggestions to improve the drug waste management system in Korea by comparing domestic and overseas relevant programs. Methods: This is a comparative study between South Korea, Australia, Canada, France, and the US. These overseas countries were selected because they have been operating waste drug management programs continuously to date. Comparison was conducted by a pre-determined analysis frame including legal regulation, enforcement program and its performance. Results: All selected countries except Australia had legal regulations on drug wastes. The US had the largest variety of drug waste disposal methods. Canada had recommended that pharmacies actively participate in drug waste withdrawal programs. France had the largest variety of methods to promote relevant programs, including window sticker, SNS, and app, as well as the highest level of awareness and participation. Australia had the lowest level of awareness and participation in pharmaceutical waste management programs. Pharmaceutical companies took responsibility of paying for these programs in the selected overseas countries. Conclusion: Further efforts should be made to establish a clear guideline including the role of pharmaceutical companies, and to develop various methods for the public to be aware of appropriate ways of disposing drug wastes in Korea.

Analysis of Judgements on the validity of selective/unilateral Arbitration Agreement - In case of the Supreme Court's Judgements - (선택적 중재합의의 유효성에 대한 판례분석 - 대법원 판례를 중심으로 -)

  • Chung, Young-Hwan
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.3-24
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    • 2009
  • This article discusses the validity of selective/unilateral arbitration agreement that provides arbitration as one of several dispute resolution methods. The Supreme Court has held selective/unilateral arbitration agreement that is conditional invalidity since the judgement of 2003Da318 decided on Aug. 22, 2003: In the following judgements of 2004Da42166 decided on Nov. 11, 2004 and 2005Da12452 decided on May 27, 2005, the Court stated that the selective/unilateral arbitration agreement that stipulates to resolve a dispute through arbitration or mediation would be valid as an effective arbitration agreement only if a party elects and proceeds an arbitration proceeding and another party responses to the arbitration proceeding without any objection. The definition of arbitration agreement, the formation of selective/unilateral arbitration agreement, the summary of relative judgements and academic theories will be reviewed in order to examine the appropriateness of the series of judgements of the Supreme Court. Based on such reviews, this article will investigate the adequacy of the Supreme Court judgements from the perspectives of i) the principle of party autonomy, ii) the structure of dispute resolution methods, iii) legal provisions of Arbitration Act, iv) legal stability, and v) the policy to revitalize the use of arbitration. At conclusion, this article will suggest the change of precedents of the Supreme Court's judgements with regard to the selective arbitral agreement.

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Analysis on Employment Effects of Working Hours Reduction with the Emphasis of Industry Size (근로시간 단축의 고용효과 분석: 기업규모별 추정을 중심으로)

  • Yoo, Gyeongjoon;Lee, Jin
    • Journal of Labour Economics
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    • v.37 no.1
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    • pp.1-28
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    • 2014
  • We use a set of Korea panel data to estimate effects of legal working hours reduction on actual hours worked and employment effects, through panel econometrics methods. Taking account of sequential decrease in legal hours worked since 2004, we estimate the relationship between legal and actual working hours by size of industries. It is found that one hour reduction of legal hours per week caused 0.44 to 1.05 actual hours worked on average per week, depending on different industrial sizes. Also, estimated employment effects were not unanimously determined, rather they turn out to be clearly size-dependent, which provide different results from exiting literature. Our analysis proposed in this work can be restrictive as, for instance, there is significant lack of data for foreign workers, particularly in the small-sized industries. Subsequent empirical analysis is expected.

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A Study on Improving Methods of Legal Deposit and Compensation of Books in Korea (도서의 납본과 보상제도 개선방안에 대한 고찰)

  • Kim, Na-Young;Oh, Il-Seok
    • Journal of the Korean Society for Library and Information Science
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    • v.50 no.3
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    • pp.513-532
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    • 2016
  • Legal deposit is a system that a person who publishes in the country a work shall deposit a certain copies of publications in designated libraries or institutions in order to preserve and transfer national knowledge and culture heritage. Under "Libraries Act" and "National Assembly Library Act", depositors shall present books to the Library and the Library shall properly compensate him/her for such copies presented. This study focuses on presentation and proper compensation of books. This study has reviewed laws and regulations about them in major countries and our country, and analyzed the current status and some problems of our country. This study has analyzed the constitutionality of legal deposit, the refusal of copies presented, and the meaning of proper compensation through analyzing cases on legal deposit. Based on these analyses, it has proposed the modification of regulations on presentation and proper compensation of books, the establishment of specific rules on proper compensation, and the penalties on unfair presentation.

Development and Evaluation of an Educational Program on Legal Issue-focused Nursing Records (법적 관점의 간호기록 작성방법에 대한 교육프로그램 개발과 효과)

  • Kim, Young Mee
    • Journal of Korean Clinical Nursing Research
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    • v.19 no.3
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    • pp.369-382
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    • 2013
  • Purpose: This study aimed to develop an educational program on nursing records especially focused on legal issues, and to test the effects of the educational program on nurses' knowledge, performance, and behavior. Methods: A textbook on legal issue-focused nursing records and an instrument with 36 items rated on a 5-point scale (1-5) for measuring the nurses' charting-related performance and behavior were developed from November 2007 through March 2008. A nonequivalent control group pretest-posttest design was employed to test the effects of the education program. Knowledge was self-reported by the Nurse Charting Knowledge Scale, while performance and behavior were measured by their nurse managers. The pretest and posttest were conducted from March through May in 2008. A total of 226 Korean nurses participated in this study. Data were analyzed with descriptive statistics, t-test, Chi-square, paired t-test, Spearman's coefficient, and multiple regression. Results: Nurses who received the intervention showed greater levels of knowledge (t=10.28, p<.001), performance (t=2.53, p=.013), and behavior scores (t=3.07, p=.002) than those of the control group. The factors influencing the improvement of knowledge were 'job attitude' (t=-3.32, p=.001) and 'career in present unit' (t=2.95, p=.004). The factor influencing the improvement of performance was 'career in present unit' (t=-3.39, p=.001). The factor influencing the improvement of behavior was 'job attitude' (t=-3.46, p=.001). Conclusion: The educational program on legal issue-focused nursing records was effective in improving nurse charting-related knowledge, performance, and behavior.

A study on the dental hygienists' legal scope of clinical practice (치과위생사의 안전한 법적 업무범위 확보를 위한 연구)

  • Jeong, Ju-Hui;Mun, So-Jung;Bae, Sung-Suk;Kim, Seon-Kyeong;Noh, Hie-Jin
    • Journal of Korean society of Dental Hygiene
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    • v.19 no.2
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    • pp.207-219
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    • 2019
  • Objectives: This study investigates the dental hygienist's main duties in clinical dental practice and examine whether dental hygienists can safely perform each duty by referring to the educational contents of dental hygiene departments and national examinations of dental hygienists. Methods: A questionnaire on the main duties of dental hygienists was administered to 477 clinical dental hygienists working at dental clinics and hospitals, general dental hospitals, and university dental hospitals in Seoul, Gyeonggi-do, and Incheon. We divide the dental hygienists' clinical dental hygiene practice and clinical dental assist and analyze the legal scope of practice, university educational contents, and national examination contents. Statistical analysis was performed through frequency analysis, and multi-frequency data were analyzed using Excel 2013. Results: All 48 items (except 2 items of 29 dental hygiene practice and 21 assist practice items) surveyed were covered in the National Examination for Dental Hygienists and included in the Dental Hygiene Education Learning Objective. The multi-frequency clinical dental practice of eight items of clinical dental hygiene practice and two assist practice items were within the legal scope of the dental hygienist's role. Conclusions: Further discussions are needed to redefine the legal scope of the role of the dental hygienist.

Study on the Proposal for Deposit Linkage Plan Based on the Survey of Online Material Identification System (온라인 자료 식별체계 실태조사를 기반으로 한 납본연계방안 제안 연구)

  • Younghee Noh;Aekyoung Son;Kyung Sun Lee;Inho Chang;Youngmi Jung;Hyunju Cha
    • Journal of the Korean Society for information Management
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    • v.41 no.1
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    • pp.133-162
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    • 2024
  • The rapid digitalization has highlighted the importance of identifying and managing online resources. Especially, the need for a systematic identification system for the efficient distribution and preservation of digital content is growing. This study aims to respond to these contemporary demands by investigating the current state of identification systems for online resources and exploring more systematic management and utilization methods through linking these systems with legal deposit. To achieve this, the study surveyed the identification systems and their issuance status for online resources and analyzed prior research related to these online resources. Based on the analysis, the proposed strategies for linking with legal deposit can be summarized into three categories: First, to prioritize and enhance the utilization of legal deposit, strategies are required to strengthen the mutual complementarity of deposit and use, to assign priorities to certain deposits, and to increase the usability of deposited materials. Second, as strategies based on international standard numbers for linking with legal deposit, it is necessary to integrate ISBN and UCI in the deposit process, to link international standard resource numbers with deposit, to interconnect metadata between international standard numbers and UCI, to integrate UCI and ICN, and to introduce automation technology for upgrading the deposit system. Third, to effectively implement the aforementioned strategies, policy support is essential. This includes enhancing the role of the Korean Bibliographic Standards Center, strengthening cooperation with publishers, compensating for deposited materials, and increasing awareness and institutional compensation for the legal deposit system.

A Study on the Legal Policy Problems and Countermeasures about Conflicts of Interest (연구 관련 이해상충에 대한 법정책적 문제와 대응방안에 관한 연구)

  • KIM, EUNAE
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.165-206
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    • 2018
  • Researchers, Institutional Bioethics Committee(IBC)/Institutional Review Board (IRB) members, Research Institutions that have multiple interests in relation to research should ensure that conflicts of interest(COI) do not arise in making professional judgments. In other words, according to the role that must be performed or the obligation to fulfill it, the primary interest, which must be considered or should be prioritized, should not be affected by the secondary interest. Therefore, standards and methods should be prepared so as to prevent and solve the problems of COI that have arisen, and the basic matters on standards and methods should be clearly defined in terms of the law and policy so that all parties such as Researchers can understand and follow them. In order to establish a more realistic legal policy, it is necessary to grasp the current situation. Therefore, I have reviewed results of the questionnaire survey and interview conducted for the administrative staff of IBC/IRB to confirm their opinions on legal policy problems related to COI and countermeasures for resolving them. Also, I have reviewed the main contents of issued by the US Department of Health and Human Services in order to assist in the preparation of domestic legal policy about conflicts of interest. Finally, I have analyzed the present state of domestic legal policy in relation to the Researcher's COI, the IBC/IRB member's COI, and Institutional COI and suggested way to improve it.

A Study on the Regulations of National R&D Performance Management System (국가연구개발 성과관리 법제 운영에 관한 소고)

  • Yoon, Chong-Min
    • Journal of Korea Technology Innovation Society
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    • v.17 no.3
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    • pp.519-539
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    • 2014
  • In order to accomplish the successful performance management of the national research and development programs, it is necessary to establish the legal system that provide a institutional foundation and to set up and practice the relative substantial operating system. This paper aims to study the problems and improvement measures of the Performance Management System in National R&D Programs. For this purpose, the development of legal system on the performance management in national R&D programs was surveyed, the problems in existing laws and ordinances on the performance management were analyzed, and lastly the improvement measures on the legal system of the performance management were suggested. The legal system of performance management is being composed of and managed with The Framework Act On Science And Technology that prescribed the national science and technology policy direction, and Act On The Performance Evaluation And Management Of National Research And Development Projects, Etc. that prescribed the basic policies of performance management process and methods, and Regulations On The Management, Etc. Of The National Research And Development Projects that prescribed the concrete methodologies on performance management. Results of the study, it is necessary that the performance management laws and ordinances need improvement of Compatibility, the object and range of performance management system extend more widely to the whole field of national R&D programs in principle, and the performance management process and methods improve reasonably considering the goal and direction of national R&D policy.