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Concepts and Legal Problems Related to the Health-vulnerable Class, and Measures to Ensure Health (건강취약계층의 개념과 법적 문제점, 그리고 건강보장을 위한 방안)

  • Kim, JESUN
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.125-144
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    • 2021
  • The purpose of this study is to present a legal improvement plan for health protection of the health-vulnerable class in our society in the 'COVID-19'. The contents of the first study examined the meaning of the existing (social) vulnerable class, and then critically considered the health-vulnerable class as an expanded concept in connection with the social risk of health. The term "vulnerable class" tends to have both meaning as the traditionally marginalized class such as the elderly, the disabled, and women, as well as the condition of having no ability to live due to low income, such as the low-income class. The concept of the health-vulnerable class is meaningful in that it appears as a recently expanded concept as it is linked to the concept of the vulnerable class and social risks such as health threats. The content of the second study looked at the problems that appeared when the health-vulnerable class was used together with the health care-vulnerable class in laws. Due to the laws used in both terms, there was a problem that the social security system related to health and health care could create blind spots. The contents of the third study suggested legal improvement directions for social security measures for health for the underprivileged.

Knowledge Visualization and Mapping of Studies on Social Systems Theory in Social Sciences: Focused on Niklas Luhmann (사회과학 분야 사회적 체계 이론 연구의 지식 시각화와 매핑 - Niklas Luhmann을 중심으로 -)

  • Park, Seongwoo;Hong, Soram
    • Journal of the Korean Society for Library and Information Science
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    • v.56 no.1
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    • pp.253-275
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    • 2022
  • Niklas Luhmann is one of the most contentious and difficult theorist in sociology but follow-up studies on his theory gradually increase for recent 10 years. The purpose of this study is to observe how follow-up studies use the difficult concepts of Luhmann. Unlike previous studies, this study adopted a keyword rather than an article as the unit of analysis because keywords are linguistic constructs that can make concepts observable. The study analyzed co-occurrence of keywords in 139 articles retrieved from social sciences category in Web of Science DB. The key findings were following: the most important keywords were the name of Luhmann(Niklas Luhmann) and theory(social systems); keywords were grouped into 4 clusters(social systems theory, systems theory, legal system and political system, the significant of Luhmann's theory from the viewpoint of the history of social theory); topic terms were systems theory, communication, Autopoiesis, risk, legal system, functional differentiation, environment, social theory, sociological theory, structural coupling, systems and evolution. The significance of the study is following: the study gives keywords as useful access point for beginners of Luhmann's theory; the study proves that content analysis by keywords network can be applied to trend analysis of difficult theoretical researches.

Study on the Necessity and Specific Recommendations for Enhancing the Legal Requirements for Underwater Recreational Vessel Propeller Guards (수중레저선박 스크류망 제도개선의 필요성과 구체적인 제안)

  • Jung-Soo Lee;Jeong-Tack Min;Ho-Yun Jang
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.30 no.2
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    • pp.226-232
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    • 2024
  • During scuba diving in Korea, accidents involving bodies being struck by the ship propeller when entering and exiting the water, repeatedly occur every year. In response to the need to reduce accidents and implement safety management measures, Korea has established regulations for the installation and management of propeller guards. However, owing to the absence of clear production regulations in domestic laws and regulations, the installation standards are ambiguous, and the inspection items are limited to the appearance and fixation status. As a result, the safety of divers in propeller accidents is not guaranteed. Therefore, this study was conducted to specify the current legal requirements for the installation and inspection of propeller guards. To achieve this goal, we conducted a thorough analysis of the current state of domestic and foreign propeller guards and the legal factors pertaining to safety standards. Based on this analysis, we identified specific areas for improvement and proposed a plan to enhance the system for installation and inspection. The installation standards for propeller guards were clearly outlined in terms of the lattice size and material. Additionally, inspection standards were proposed for appearance, fixation, and material condition, along with clear indicators for assessing them.

A Legal Meanings & Its Effects of the Fixed Laytime under English Laws (영법판례로 살펴본 기한부 정박기간의 법적의미와 그 효과)

  • Kim, Myung-Jae
    • Journal of Korea Port Economic Association
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    • v.29 no.4
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    • pp.27-53
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    • 2013
  • It is a generalized way for the chartering business to fix the laytime bars except rarely adapting the customary despatch of the cargo work in port. The way of customary despatch is usually accepted by the owners in case the port facilities and other relevant infrastructures are in the satisfactory level for the cargo work whereas the laytime bars to be widely incorporated in the chaterparty for almost all occasions for owners and charterers to bind each other in loading and discharging cargo in port. The main purpose of establishing laytime bars on the charterparty is to secure the right and duty for both parties of the owners and the charterers, and furthermore to make the vessel despatched quickly from the port, whereby the costs incidental to the loading and discharging in port to be saved as much as possible. and the minimized costs in port will contribute to the profits in all parties involved in loading and discharging cargo. The conditions and terms on the laytime bars are expressed variously in their kinds according to the types of the charterparty to be used. The owners and charterers or the ship operators, however, seems not to be so accustomed in lawful understanding on these terms and conditions, and therefrom lots of disputes are noticed practically in the business field. As a result, this study is focused to render the owners and charterers rather clear understanding on their meanings and effects in legal aspects, and the various English Law Cases are referred in order to achieve the purpose of this study.

Study of the Prior Review System about Medical Advertising on the Existing Laws

  • Kim, Woon-Shin;Joung, Soon-Hyoung
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.6
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    • pp.97-106
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    • 2016
  • This study tries to seek the is the realistic improvements and legislative measures about current medical advertising which was in the Court on 12 May 2015 by presenting and discussion the understanding, problems and its alternative direction of pre-deliberation on the existing law which is the decision on the constitutionality of health care advertising regulated health care advertising General commercial advertising has the right which have to be protected as the terms of the protection of know and freedom of expression and advertiser's there are sure to be in a value to be protected. Medical advertising is also a person in addition to the absolute value that includes both Due to the particularity of medical advertising in terms of life and the right to health Until now, this has been the target of strong regulations are changing the policy of gradual deregulation in our country, including the country. Medical advertising on the current medical law had been to be checked by pre-deliberation of the executive power. However, due to unconstitutional, in the circumstances which a false hype is flooding and increasing, it has been realized that the fair competition of medical community, life and health rights of the people are threatened by in reverse. In this regard, the abolition of the pre-deliberation system of medical advertising can be welcomed by abolition of the old system which is the legal and institutional censorship. Since its abolition, the alternative policy direction is insufficient also it is not clear. Therefore we need to study this. Therefore, in this paper, we try to find general theoretical background and problem of pre-deliberation system of medical advertising. Also, as trying to find feasibility or ambiguity of regulation and issues about medical advertising on medical law, we argued the provision of special measures of the medical advertising for introduction of integrated medical advertising deliberation committee which can ensure the independence and autonomy, strengthening of the monitoring on the internet advertising, legal resolving through amendments, strengthening of penalties, and establish special measures of medical advertising for the medical privatization and demand for the foreign medical tourist, etc. Empirical study about practical regulatory measures of medical advertising which converged the various opinions of consumer groups, government and academia, and medical community, and we expect hope to see the more realistic alternative provision.

A Study on the Ship Sale and Purchase Brokers' Liability as Agent in English Maritime Law (영국 해사법상 선박매매 브로커의 대리인 책임에 관한 일고찰)

  • Jeong, Seon-Cheol
    • Journal of Navigation and Port Research
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    • v.37 no.6
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    • pp.617-625
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    • 2013
  • "Sale and purchase brokers" are independent contractors who act as agents for principals intending to seller or buy ships in English Maritime Law. The essential feature is that legal position of shipbroker is largely one of agency. They can be obtained by a study of the Lloyd's Register or the equivalent registers of other Classification Societies, the American Bureau of Shipping and Korean Registers. Such a broker is of valuable assistance to the prospective seller or purchaser. And the broker's liability normally arises in the context of a contract. But, expressed in general terms, those contractual obligations are, in absence of contrary agreement, to act with reasonable care and skilled to obtain the cover requested by his client not to guarantee that such will be concluded and to ensure that the scope of the policy, its essential terms and relevant exclusions are made known to the insured. Acting in this professional capacity, the broker's liability are such that the facts upon which an action for breach of contract may be based may also found an action for the trot of negligence provided that there is shown to be the necessary 'assumption of responsibility' by the broker conveyed directly or indirectly to the insured. This thesis deals with liability of S&P Brokers, the legal problems of ship broking, commission, conflicts of interest and secret commissions in English Maritime Law and the Cases.

Effect of Police Corruption Factors on Corruption Level through Occupational Identity and Organizational Citizenship Behavior of Police Officers (경찰부패 요인이 경찰공무원의 직업정체성과 조직시민행동을 매개로 경찰부패에 미치는 영향)

  • Chun, Kyung Kook;Kim, Taek
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.2
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    • pp.97-106
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    • 2021
  • The issue of controlling police corruption is very important that in terms of public services where police administration is in direct contact with citizens. In this study, individual, organizational, cultural, and legislative factors are classified as independent factor variables that contribute to police corruption, and the effect of these corruption factors on the level of police corruption, and the role of occupational identity and organizational citizenship behavior of police offices in this relationship are analyzed. A survey is conducted on the public citizens for empirical analysis of this study. The results of the empirical analysis are as follows: First, organizational, cultural factors and legal-legislative factors have negative influence on the occupational identity. Second, legislative factors has negative influence on organizational citizenship behavior. Third, organizational, cultural and legislative factors have positive effects on police corruption. Finally, in terms of the effect of corruption factors on organizational citizenship behavior through occupational identity, organizational, cultural and legal-legislative factors had negative mediating effect on it.

A Study on the Activation Measures of Human Tissue Donation in Korea through Comparing with Foreign Countries (해외 주요 국가와 비교 고찰을 통한 인체조직기증 활성화 방안)

  • Hyun, Yun-Jung;Lee, Nan Young;Kim, Dong Ja
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.12
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    • pp.836-844
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    • 2020
  • In modern society, there is a growing demand for human tissue donation along with organ donation. However, the awareness of tissue donation and actual donation rates remain very low in South Korea. This study was undertaken to evaluate the current status of domestic laws and systems, and to compare them with the operation systems of major foreign countries, by reviewing literature and web sites of organ donation and registration. The authors present three measures to promote human tissue donation in Korea: integration of a dual legal system in a legal aspect, vitalization of the Opt-out system in terms of system operation, and activation of public relations in terms of social and cultural aspects. The Opt-out system, in particular, is the most effective way to activate transplants in the form of presumed consent of countries without undue pressure. However, the presumed consent method requires various stages of social public debate, and the requirement is a proper domestic understanding of the registration system for rejection. In conclusion, we believe the solution towards a positive inclination for organ donation is a public policy to increase the supply for organs and human tissue transplants, and positive perception of donations, public promotion, and support for postmortem donors and their families.

A Study on Extending of the Addressable Object of Address of Things (사물주소 부여대상 확대 방안 연구)

  • Yang, Sungchul
    • Journal of Cadastre & Land InformatiX
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    • v.54 no.1
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    • pp.75-87
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    • 2024
  • There There is a difference in terms of administrative power in that the address of things are not an address under Public Act. In terms of location expression, it is possible to express the location more flexibly and in more detail than the road name address, so it should be improved so that it can be assigned and managed in an appropriate location, so that the location of the entire territory can be expressed together with the road name address. As a result of the comparison between the road name address and the address of things based on the analysis results of related laws such as the existing Road Name Address Act, the Building Act, and the Regulations on the Preparation and Management of Basic Address Information, it was confirmed that there are fundamental limitations of the address of things system. Accordingly, this study attempted to suggest ways to improve the address of thing system by broadly dividing it into the legal aspect and the addressable object aspect. From the legal point of view, firstly, it is necessary to improve the upper and lower level laws by unification together with a clear definition of the term subject of addressable object; secondly, according to the Building Act, facilities that are not used for residence among buildings must be given an address of thing; and thirdly, it is necessary to make it easy to use and link with heterogeneous public data by classifying the registration items of the basic address information map by type of geographical feature to be assigned an address. From the point of view of addressability, firstly, it must be given to all facilities in the relevant category so that it can be recognised that all specific facilities have object addresses, and secondly, it is necessary to be able to address the address of things to places that are used by many, even if there are no facilities.

The Necessity of Establishing the Concept of Route in the Domestic Maritime Legislation (국내 해사법규 상의 항로 개념 정립의 필요성)

  • Gwi-ho Yun;Jang-ho Park
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.30 no.1
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    • pp.65-73
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    • 2024
  • Maritime legislation encompasses a wide range of laws related to the maritime field. A significant number of laws that can be called maritime legislation have been enacted and implemented in domestic legislation. For all types of legislation, including maritime legislation, the meaning of the legal provisions must be clear for those who abide by the law, those who study the law, and those who enforce legislation. Nevertheless, the potential for considerable confusion exists because the definition is not stipulated in relation to the 'Route' specified and regulated in various maritime legislation. Further, the exact meaning of numerous cases is difficult to understand and can be interpreted in various ways. Adding to the confusion is the use of different terms with similar meanings. The maritime field changes and becomes more diverse, and many related maritime legislations are being enacted or amended to reflect this situation. The, authors propose to specify clear route definitions in individual legislation and replace parts that may cause unnecessary misunderstanding with similar terms. The authors believe that the confusion in compliance and enforcement of maritime legislation can be minimized .if these proposals are implemented.