• 기본간호학회지
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• 제9권1호
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• pp.76-85
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• 2002

Purpose: This study has been designed to identify attitudes to euthanasia held by Korean nurses. Method: Data were collected through a survey, and the participants in the study were 234 Korean nurses. Convenience sampling method was used and analysis of the data was done with SPSS PC for descriptive statistics, t-test and ANOVA. Results : 1. The mean score for euthanasia was 2.80. and the sub dimension mean scores were, patients' rights. 3.24, quality of life, 2 78, respect for life, 2.68, medical ethics, 2.50. 2. With respect to the general characteristics of participants there were statistically significant difference in total score according to religion (P= .01), and degree of influence of religion on behavior (P= .00). 3. There were statistically significant difference in score of quality of life according to religion (P= .04), degree of influence of religion on behavior (P= 00), decisions in euthanasia (P=.04), and legal permission (P= .04). 4. There was statistically significant difference in score of patient's right according to legal permission (P = .04). 5 There were statistically significant difference in the score of respect for life according to religion (P= .00), degree of influence of religion on behavior (P= .00), decision in euthnasia (P= .00), and legal permission (P= .00).

• 의료법학
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• 제8권2호
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• pp.205-290
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• 2007

In Korea, abortion in the Criminal Law is an illegal act in exception of limited cases stated in the Mother and the Child Health Law. There are grounds on which abortion may be carried out - though the grounds are very limited and related such as emergency situation of woman's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations to reform the existing regulations and increase the effectiveness of the regulations. A national survey was carried out using telephone interview with Korean citizens from August 1th to August 31th in 2005. A total of 1,025 citizens (male: female = 49.2%:50.8%) were randomly sampled in proportion to the number of population of 17 regions. The major findings of this survey were as follows. First, 91.4% of the respondents approved of abortion based on the medical grounds. Second 83.3% of the respondents perceived that abortion may be carried out based on ethical grounds for example rape. Third, 74.3% were agreed to abortion based on genetic diseases. Forth, 64.7% were approved the abortion that unmarried woman may be carried out. In contrast 45.0% were approved the abortion that girls may be carried out, whereas 46.4% were perceived that the abortion may not be permitted. Fifth, 58.3% were disagreed the permission of abortion based on social and economic grounds. According to the survey Korean citizens seem to have positive perception on the abortion that may be carried out based on medical, ethical and genetic grounds. Whereas they worried about the abortion based on social and economic grounds. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds. In cases of when the mother has a impossibility to breed her child because of her social situations and financial conditions, we should accepted the legal acceptance of abortion due to social and economic grounds.

• 디지털융복합연구
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• 제13권12호
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• pp.413-422
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• 2015

이 연구의 목적은 존엄사에 대한 한국 중년층의 인식유형을 파악하고 그 특성을 분석함으로써 존엄사에 대한 제도마련 및 정책을 구성하는데 필요한 기초적인 자료를 제공하고자 하는 것이다. 존엄사에 관한 30개의 진술문을 가지고, 32명의 중년층을 대상으로 Q 분류를 하였다. 분석결과 존엄사에 대한 주관적인 인식유형과 그 특성은 허용형, 반대형, 제한적 허용형으로 나타났다. 허용형은 환자의 자기결정권에 의한 존엄사는 수용되어야 하며, 극심한 고통을 동반하는 환자에게 존엄사는 필요하다고 생각한다. 반대형은 존엄사가 허용되면 부당하게 죽음을 맞이하는 이들이 늘어나며, 인간의 생명경시 풍조가 만연해질 것이라고 생각한다. 제한적 허용형은 존엄사를 허용하기에 앞서 구체적인 법과 제도가 마련되어야 한다고 생각한다. 존엄사라는 주제 자체가 국민들의 온전한 합의를 이끌어낼 수 없는 것일 수 있지만, 존엄사제도 추진과정에서 국민의 의견이 반영되어야 할 것이다.

• 한국중재학회지:중재연구
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• 제17권2호
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• pp.189-219
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• 2007

Mediation is type of intervention in which the disputing parties accept the offer of the judge or a third party to recommend a solution for their controversy. Mediation differs from arbitration in being a voluntary resolution rather than a judicial procedure. Thus, the parties to the dispute are not bound to accept the mediator's recommendation. Resort to mediation has become increasingly frequent for civil disputes. Mediation has been successful in many cases of civil conflict. Mediation has become increasingly important for monetary disputes as well, particularly in damage cases. While most people consider mediation a far superior experience to court, everything I tell you a mediator should not do is something that at least one mediator I have dealt with has done to a client. In theory, a mediator should never share anything you tell him or her without your permission. In theory a mediator should not "spring" evaluations on anyone in a mediation without your permission (e.g. a mediator should never say "your case is worth \OOOO and I just told the other side that). In theory a mediator should not browbeat or threaten you. At the end, usually about 55% of the time with a good mediator in Kwangju Appellate Court in 2003, the parties reach an agreement that is in their best interests. If they decide to sign off on a signed agreement, the signed agreement is binding. I obviously feel mediation is a very good thing and the numbers and surveys bear me out. This article is written about how mediation is proceeded, what is the realities, what is the problem and what is the activating way. For this study, I research with legal sociological approach using Korean Judicial Year Boot judicial document and my experience as meditator in Kwangju District Court.

• 의료법학
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• 제10권1호
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• pp.323-361
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• 2009

In Korea, Abortion in the Criminal Law is an illegal act in exception of on which abortion may be carried out through the grounds are very limited and related such a emergency situation of women's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations th reform the existing regulation and increase th effectiveness of the regulations. Recently, in a case of the a maternity hospital where a midwife left alone a diabetes pregnancy women who had a baby, and the overweight baby(5.2Kg) died in the uterus due to hypoxic states. Supreme Court of Korea 2007.6.29. 2005do3832) had given a verdict of "not guilty". It looked like there were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds.

• 한국IT서비스학회지
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• 제22권5호
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• pp.109-124
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• 2023

This study aims to apply the concept of regulatory stringency to the regulatory sandbox with a fresh perspective. The regulatory sandbox is a system that gives opportunities under certain conditions to new technologies or businesses that have not been launched due to inadequacy or insufficiency in legal systems. Previous research on regulatory sandboxes has mainly focused on discussions about their impact on specific technologies or business domains. This study attention to the results according to the evaluations. Among them, whether special cases for demonstration can evolve into official permission has garnered significant attention. For this study, among the cases that passed the regulatory sandbox evaluation from February, 2019, to December, 2022, 162 cases in the field of ICT convergence were selected. The evaluation results were classified into three groups 'positive interpretation (Fast Track)', 'temporary permission', and 'special case for demonstration.' Each case was assigned to one of the three groups. Through the comparative analysis, the common characteristics and differences were summarized. Then, this study explored improvement measures to pass a less restrictive regulatory sandbox. The analysis of the cases revealed that the differences in each evaluation result were attributed to variations in the technological characteristics and user protection features. Considering these differences, as well as the higher weight and importance of the preparation stage for sandbox application, this study suggested a three-step approach to prepare for temporary permission and positive interpretation rather than special case for demonstration. In addition, this thesis discussed the policy limitations of the regulatory sandbox mechanism in South Korea and the limitations of the current study. Hopefully, the results of this study would be beneficial to individuals and companies, particularly venture companies and startups seeking to develop new technologies or businesses and utilize regulatory sandboxes.

• 한국산업보건학회지
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• 제33권1호
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• pp.60-69
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• 2023

Objectives: Business operators handling hazardous chemicals regulated under the Chemical Substances Control Act (CSCA) must receive permits to operate their business from the Ministry of Environment. This study analyzed the status of recent legal violation in chemical handling workplaces in Ulsan where a large volume of chemicals is handled for industrial use. Methods: A total of 557 corporations have been granted legal status as business operators in Ulsan. For all business operators, legal violations in regard to the CSCA that were discovered by the environmental office in the last five years (2018~2022) were thoroughly analyzed. Results: A total of 225 violations of the CSCA have been discovered at 165 corporations, with the violation rate accounting for approximately 27% of all business operators. In particular, 22% of the 165 violators (36 corporations) were discovered to have violated twice or more, and some business operators (6%) even violated in consecutive years. Non-compliance of facility inspection was the most frequent violation (45 cases, 20.1%), followed by non-reporting of important changes in the permitted matters (23 cases, 10.3%), non-completion of legal safety education (19 cases, 8.5%), failure to secure permission for modification in the permitted matters (18 cases, 8.0%), and failure to submit chemical transport plans (16 cases, 7.1%). Conclusions: Most of the violations could have been prevented if the field personnel had paid sufficient attention. Thus, it is fundamentally necessary to create an environment for spontaneous safety management for themselves and to strengthen individual capabilities.

• 대한원격탐사학회지
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• 제23권5호
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• pp.335-346
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• 2007

This study is aiming at improving the Environmental Conservation Value Assessment Map(ECVAM) of National Land in Korea. The ECVAM items are composed of legal and environmental/ecological assessments. A popular method applied to ECVAM is an overlay environmental/ecological assessment items. The purpose of this study is to offer complementary items of the ECVAM by examining assessment items. In this study we assessed the ECVAM by five methods. Method 1 is Grade 1 areas of each administrative district; Method 2 is comparing overlapped areas of each assessment items Grade 1, 2 and permission of each assessment items duplication; Method 3 is Grade 1, 2 areas by only singular assessment items; Method 4 is Grade 1 areas only of Method 2; and Method 5 is Grade 2 areas only of Method 2. Method 1 showed Seoul and other metropolitan cities revealed a large proportion of Grade I regions by the legal assessment items. Gang won-Do, showed a large proportion of Grade I regions by the environmental/ecological assessment item. Method 2 showed 93.4% of diameter Grade II(standard for stability); forest diameter item accounted for 99.9% by Method 3, Method 4 showed 95.7% of forest diameter, and forest density accounted for 66.4% by Method 5. This study contributes to reduce the complexity in the process of manufacturing ECVAM of National Land, and to raise the flexibility in the process of managing and updating this map.

• 시큐리티연구
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• 제12호
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• pp.245-269
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• 2006

민간경비업무의 공공성에 따른 행정규제의 필요성과 그에 따른 실질적 감독의 이행은 민간경비업계의 전문성과 대국민적 서비스의 질적 향상을 담보하게 된다. 이러한 국가적 규제와 감독의 이면에는 업계의 자율적 책임 이행을 내포하고 있으며 그러한 자체적인 업무 수행이 이루어지지 않을 경우에는 국가는 반드시 그 책임을 강제한다는 것이다. 따라서 자체적인 치유능력의 신장과 그 근간을 이루기 위해서는 현행 행정 규제 및 감독은 강화되어야 하며 그러한 내용을 경비업법상 명시하여야 한다. 본 연구는 그러한 실효성을 확보하기 위한 방안으로 다음과 같이 제시한다. 첫째, 경비업의 허가는 그 규제의 우선적 장치로서 자격 요건과 심사절차를 엄격히 하여야 한다. 둘째, 허가 이후에 지속적인 감독이 이루어지지 않으면 그 취지가 희석되므로 민간경비 관련 감독기관을 독립적으로 운영하여 실질적인 이행을 담보하여야 한다. 셋째, 허위 또는 부당한 방법에 의한 허가 취득과 위법${\cdot}$부당한 도급업무 수행 및 경비지도사 선임의 편법적 행위는 그 처벌이 강화 되어야 한다. 넷째, 민간경비 업계의 자체적인 의무 이행을 담보하기 위해서 뿐만 아니라 형식적인 경비지도사제도의 단점을 보완하기 위해서 전문자격증제도를 도입하여 한다.

• 한국비블리아학회지
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• 제26권3호
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• pp.151-175
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• 2015

본 연구는 국제조약과 국내외 법령에 나타난 저작권의 제한과 예외에 관한 내용을 살피고, 디지털 장서의 공정이용에 관한 유럽사법재판소 판례를 분석하여, 디지털 장서의 공정이용을 위한 법제도적 전망을 논한다. 선행연구 분석과 이론 연구를 바탕으로 공정이용의 법리를 파악하고, 디지털 장서의 정의 및 유형을 알아본다. 공정이용을 둘러싼 실정법 체계의 이해를 위해 "베른협약", "세계지식재산권기구 저작권조약" 등 국제조약, 영국, 미국, 독일, 유럽연합 등의 국가별 법령, 그리고 국내법 상에 나타난 저작권의 제한 및 예외 규정을 살피고, 도서관 장서의 디지털 형태 전환과 부가서비스의 허용 여부 및 범주가 쟁점이 되었던 독일 다름슈타트 공과대학과 유겐 울머 출판사 간의 분쟁에 대한 유럽사법재판소의 판례를 분석하여, 이를 중심으로 우리나라 현행 저작권 체계의 개선을 위한 시사점을 제안한다.