• Title/Summary/Keyword: legal regulation

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A Survey on the Recognition of Rehabilitative Robots for Therapy and Self-Efficacy in University Students Enrolled in the Department of Physical Therapy (물리치료학과 학생들의 재활로봇에 대한 인식도와 자기효능감 조사)

  • Kim, Tae-Ho;Kim, Da-Hyeon;Kim, Se-Yeon;Park, Ha-Yeoung;Lee, Eun-Kyung;Jung, In-Seon;Chun, Ji-Youn;Kim, Min-Hee
    • PNF and Movement
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    • v.19 no.1
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    • pp.115-125
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    • 2021
  • Purpose: This study aimed to investigate basic data on the recognition of rehabilitation robots and self-efficacy through general characteristics of students in the department of physical therapy. Methods: This study surveyed 100 students in the Department of Physical Therapy at E University in Seongnam using Google Form, an online survey tool. The questionnaire consisted of 64 questions including 15 questions on general characteristics, 13 questions regarding recognition of rehabilitative robots, and 36 questions about self-efficacy. General self-efficacy consisted of three sub-factors: confidence, self-regulation efficacy, and task difficulty preference. Results: The recognition of rehabilitative robots according to general characteristics showed significant differences in age, level of education, and experience in searching rehabilitative robots; according to general characteristics, self-efficacy showed significant differences dependent on age and gender (p < 0.05). In addition, recognition of rehabilitation robots for students in the Department of Physical Therapy was found to have a significant effect on robot use self-efficacy (p < 0.05). Conclusion: There were significant differences in the scores of rehabilitation robot recognition and self-efficacy according to the general characteristics of students in the Department of Physical Therapy. For such reasons, it is important for students to have an opportunity to get educated on rehabilitation robots; in order to achieve this goal, domestic studies on rehabilitation robots must be actively conducted. The technological development of rehabilitation robots and the establishment of a system for domestic rehabilitation robots from both social and legal standpoints were found to be necessary based on a volume of domestic research.

Study on the Justifiable Reasons for Medical Refusal (의사의 진료거부의 정당한 사유에 관한 고찰 -최근 일본의 논의를 중심으로-)

  • Lee, Eol
    • The Korean Society of Law and Medicine
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    • v.21 no.3
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    • pp.117-144
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    • 2020
  • In accordance with Article 15 of the Medical Law, medical personnel in Korea cannot refuse treatment of a patient unless there is a justifiable reason, and violation of this obligations is subject to criminal penalties. Japan also stipulates the same content in the law. However, this violation of obligations in Japan is not subject to criminal penalties, and is used as a judgment element of the liability for damages of doctors only in the case of damage to the patient. However, in both countries, it is difficult to interpret and apply the law because the regulation is a little ambiguous. In particular, the key is to find out what is the justifiable reason for the doctor to refuse treatment of the patient. Recently, Japan has completed the work of re-examining the discussion on medical refusal from a modern perspective in terms of improving the excessive working environment of doctors. On the other hand, in Korea, it is not clear in what cases it is possible to refuse treatment. because there is a lack of systematic discussion on medical refusal. Rather, unnecessary misunderstandings and controversies have resulted in the loss of trust between patients and doctors. In Korea, there is already a legal right for a doctor to reject it according to his religious beliefs or conscience in the implementation of the suspension of life-sustaining treatment decisions. And in the case of an abortion, debates are underway that doctors should be given the right to refuse it. This study introduces the current state of discussion in Japan, and examines the issues surrounding medical refusal in Korea. It is hoped that this study will facilitate further discussions on the medical refusal.

Necessity of revision of the mandatory medication guidance regulation under the Pharmaceutical Affairs Act (약사법상 복약지도의무 규정의 개정 필요성)

  • Dawoon Jung
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.119-145
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    • 2023
  • The Pharmaceutical Affairs Act stipulates medication counseling as an obligatory requirement in the case of preparation of medicine. In fact, there are many cases where pharmacists only tell patients the dose and time and do not properly guide them on taking medications. However, in light of the current situation where non-face-to-face treatment is being attempted, there is a high possibility of drug-taking accidents due to insufficient medication guidance. In addition, as an aging society progresses, the need for explanations on pharmaceuticals is increasing. If a pharmacist causes damage to a patient by failing to give appropriate medication guidance, the patient can claim compensation for damages. In addition, if a drug accident occurs due to a conflict between the pharmacist's duty to guide medication and the doctor's duty to explain, a joint tort is established between the pharmacist and the doctor. Nevertheless, there are cases in which only doctors are judged to bear the tort liability. However, the Pharmaceutical Affairs Act includes providing information for the selection of over-the-counter drugs in the medication guidance as part of the medication guidance obligation. Therefore, in order to reconsider the importance of the medication-taking guidance duty, it is necessary to define the medicationaking information provision method and the medication-taking guidance duty as separate concepts. In addition, it is necessary to amend related regulations centered on patients so that medication guidance, such as side effects of medicines and interactions with concomitant medications, can be made in detail.

A Study on the Legal Regulation of 'Fake News' in the Age of Social Network Services : Focusing on the French Les propositions de loi contre la manipulation de l' information (소셜네트워크서비스 시대 가짜뉴스의 법적 규제에 대한 고찰 : 프랑스 정보조작대처법을 중심으로)

  • Sunhye Kwak;Sungwook Lee
    • Journal of Service Research and Studies
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    • v.12 no.3
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    • pp.144-157
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    • 2022
  • This study began by pointing out the problem of domestic media reporting on 'fake news' regulations that frequently appear through the French 'Les proposals de loi control de l'information'case, while still approaching with different standards and perspectives on where to see fake news. In the age of 'social network services', the answer to what the media is, what the news is, and who the reporter is increasingly difficult. While reviewing the long history and background of the spread of fake news examined in this study, it was confirmed that could not determine the concept and scope of fake news, punished, regulated, controlled, or judged simply by one standard. From the perspective of 'freedom of expression' set by the law, we have the authority to express our opinions freely. In addition, 'online' space is a place where fake news is generated and spread, but at the same time, there is plenty of room to act as an antidote. In the end, the only alternative to the damage of long-term fake news will be to create a media environment that allows more high-quality "real news" to pour out, allowing us to develop our ability to judge reliable information through balanced competition among various news in the free market of ideas.

Human Risk Assessment for Exposure to Heavy Metals within Finishing Materials of Playground Facilities for Children in Gwangju (광주지역 어린이 놀이시설 마감재의 중금속 노출에 의한 인체 위해성평가)

  • Sang-Hoon Yoon;So-Young Kim;Eun Cho;Tae-Hui Nam;Jin-Hwan Park;Hwa-Jin Kong;Ki-Won Lee;Gwang-Yeob Seo;Jeong-Hun Park;Kyoung-Woo Min
    • Journal of Environmental Health Sciences
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    • v.50 no.2
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    • pp.146-156
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    • 2024
  • Background: Children who use playground facilities are exposed to potential risks due to the high concentration of heavy metals contained in the finishing materials of facilities in children's playgrounds. Objectives: The purpose of this study was to investigate the concentration of heavy metals in the finishing materials of outdoor children's playgrounds where harmful heavy metals exist in Gwangju and to conduct human risk assessment for children and adults by age to find the risks and limitations. Methods: The bottom and top layers of double-painted paint were peeled off and collected together from the finishing materials of children's play facilities such as slides, swings, and seesaws in 147 children's parks in Gwangju. Heavy metals were analyzed using ICP-OES, etc., and human risk assessment was performed using the concentrations of heavy metals. Results: Based on 1.0E-04, which requires legal regulation, CTE was found to pose a carcinogenic risk for preschool children and no carcinogenic risk for the rest of the age groups. However, RME showed that both men and women of all ages had a carcinogenic risk. For reference, when the carcinogenic risk was based on 1.0E-06, CTE was found to pose a carcinogenic risk from infants to elementary school students, and RME was found to have a carcinogenic risk in all age groups. It was judged that there is a non-carcinogenic risk if the non-carcinogenic risk exceeds 1 based on the hazard index (HI) 1. In CTE, there was no non-carcinogenic risk, and RME for preschooler males (1.49E+00) and females (1.56E+00) were found to have non-carcinogenic risk. Conclusions: This study was meaningful in that it examines the differences in the current management of heavy metals concentration standards and potential carcinogenic and non-carcinogenic risks to the human body and discusses the relationship between heavy metals and human health effects.

A Study on the Development of Training Model by Enforcement of the IP Code(SOLAS Chapter XV)

  • MoonGyo Cho;JeongMin Kim
    • Journal of the Korea Society of Computer and Information
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    • v.29 no.4
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    • pp.145-153
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    • 2024
  • Through the 106th session of the International Maritime Organization(IMO)'s Maritime Safety Committee(MSC), a mandatory safety training requirement for all personnel transferred or accommodated for offshore industrial activities was established and adopted under the name of SOLAS Chapter XV, IP(Industrial Personnel) Code. This regulation mandates pre-boarding safety training to enable individuals to anticipate and mitigate hazardous risks in navigation and operational environments. Consequently, the IP Code includes provisions regarding the training content for industrial personnel and regulations for the refusal of master who has a full responsibility for individuals who have not completed the required training(non-qualified industrial personnel). Referred to as the IP Code, this agreement is set to enter into force in July 2024, necessitating the establishment and operation of safety education for industrial personnel boarding ships before that date. Accordingly, this paper reviews the legal requirements related to training within IP code and analyzes the details of models including training objectives, target audience, duration, and course structure of safety trainings such as STCW, OPITO, GWO training, and other delegated training related to current ships. Additionally, it aims to propose a curriculum model for IP training courses which consists of a total of 16 hours over 2 days, offered by the Korea Institute of Maritime and Fisheries Technology, including teaching objectives, duration, and course structure.

Actual Status of and Measure for False Alarm of Electronic Security in Korea (한국 기계경비업무의 오경보 대응책)

  • Park, Dong-Kyun;Kim, Tae-Min
    • Korean Security Journal
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    • no.30
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    • pp.33-60
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    • 2012
  • False alarm of Electronic security causes various serious side effects such as decrease of electronic security guard's morale caused by unnecessary mobilization, increase of fatigue caused by workload increase, increase of electronic security company owner's management burden and decrease of electronic security service utilization rate caused by customer's distrust. Therefore, the study considered the Korean regulation related with false alarm of electronic security and proposed actual status of false alarm and measure for it. The study proposed systematic resolution assignments and political assignments in relation with the measure for false alarm. Systematic resolution assignments are as follows. First, electronic security company should construct electronic security system accurately from the initial step of security consulting and security planning related with target facility. Second, it is necessary to encourage installation and operation of video monitoring system. Third, sensor wiring should be separated. Fourth, the measures for false alarm depending on main system causes should be prepared. It is necessary to encourage the installation of 'arming disarming alarm sound' generator. In addition, the measures for false arm depending on the characteristics of sensor should be prepared and standardized. Fifth, system maintenance should be reinforced. Political assignments related with the measures for false alarm are as follows. First, it is necessary to reinforce education & training. Individual nurturing & education process should be run by electronic security company or the education focusing on the measure for false alarm should be performed in job training defined in "Security Industry Act". Second, it is necessary to establish and reinforce legal regulation and establish device. If police authority standardizes the documents related with false alarm, provides their forms and requires them for periodical reports or documents, it is expected that good measures for false alarm will be prepared on the basis of actual data in the future. Third, cooperation organization to discuss the measures for false alarm like 'Conference for False Alarm of Electronic Security' should be organized and operated. Fourth, interest and role of electronic security company and electronic security supervisor should be enlarged.

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A Study of the History of Korean Public Library after the Korean Liberation Day - An Emphasis on the influence of public Libraries System under the Japanese Imperialism- (광복이후 한국 공공도서관사 연구 -일제하 공공도서관제도의 영향을 중심으로-)

  • Kim Po Ok
    • Journal of the Korean Society for Library and Information Science
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    • v.20
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    • pp.65-125
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    • 1991
  • The study has tried to analize and appraise how did public library system under the Japanese imperialism affect the establishment and managemant of Korean public libraries. To achieve the purpose of the above-mentioned study, the contents of $\ulcorner$Japanese library statute$\lrcorner$ under Japanese imperialism and the current $\ulcorner$Korean library law$\lrcorner$ have been mutually compared, at the same time, the vestiage of Japanese imperialism in view of the establishment, personnel administration and reading systems have been concretely investigated, analyzed and compared. The conclusions obtained from the above are as followings. 1. In those days of the Korean Liberation, the situation of Korean public libraries was such as it under the Japanese rule and so, their names were only changed. However, as a part of its independent activities, the national library have once carried out the various programs such as the training of professional librarians, the establishment of the new classification schedule and the chief Librarian and deputy Librarian from the professional librarians in the office regulations, and they were well worth being the good examples for today's Korean library circle. Though the Goverment of the Republic of Korea had been formally established, the situation of the library circle was very dull owing to the Korean war for a long time. In 1963, $\ulcorner$The Korean library law$\lrcorner$ was promulgated, but the establishment of public libraries did not give satisfactory results because of the institutional fragility. In the 1980's the importance of library was embossed from the viewpoint of life-long education and the number of libraries was increased. However, there were still the remaining vestiges of Japanese library system in the practical library services. 2. After the Korean Liberation, the influnces of public library system under the Japanese imperialism showed in the office regulation of national library and the Korea library Law were also in the legal mechanism. In particular, the regulations of $\ulcorner$The staff-member of public library$\lrcorner$ and $\ulcorner$Admission fee of public library$\lrcorner$ including the chief librarian have referred to the library system under the Japanese imperialism since the liberation day to date. 3. At that time of the Korean Liberation, the U.S.Military Government Office had decided that the public library administration should be attached to the administration of local and internal affairs in accordance with the Japanese administative system. As a result, the public libraries had been forced to be indirectly affected by public library system under the Japanese imperialism for twenty years since the Liberation. 4. Since the Liberation, the personnel adminstration of public library has been so far on the steps of model under the Japanese imperialism. As the result of the field survey, the position standards of local chief librarians, non-professional character, the extra post system and the preponderant appointment of non-professional offices have analyzed by the influence of Public library system under the Japanese imperialism. Therefore, the Government authorities-concerned must readjust the standards of qualification and the divided duties corresponding to the position of public library staff members and to stipulate expressly in the revised library law. In addition, the regulation of the admission fee should be also actively detected for the free adminssion of library users. 5. Since the Liberation Day, the reading methods of public library have been so far similar to reading method under the Japaness imperialism. For example, the admission fee levied, the complicated procedures of using books including entrance and exit of a library, no-admission system, the limited lending books, the deposit system of outdoor lending books and the surety liable jointly and severally are originally caused by bureaucracy of under the Japanese imperialism. Therefore, the public libraries should make an offer space and opportunities which can enjoy freedom to the gull in future. The procedures and standards of library users will be simplified, if possible. As the above-mentioned, the actual conditions of Korean public libraries have been examined and analyzed. As the result of it, there are still the remaining vestiges of public library system under the Japanese imperialism in the establishment and management of the nation-wide public libraries. Such the remnants are an obstacle to the democratic development of public libraries and so, the authorities-concerned should take the proper-measures as soon as possible.

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A Study on the Liability for Third Party's Damage on the Time Charter-parties (정기용선계약에서 제3자 화물손해 책임에 관한 연구)

  • Shin, Hak-Sung
    • International Commerce and Information Review
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    • v.15 no.2
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    • pp.285-313
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    • 2013
  • By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

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A Comment on the Standard for International Jurisdiction to foreign-related cases by the employment contract and tort in Air crash (항공기사고에서 국제근로계약과 불법행위의 국 제재판관할권 판단기준)

  • Cho, Jeong-Hyeon;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.73-98
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    • 2016
  • This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.