• Title/Summary/Keyword: obligation

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A STUDY on After-Care System for After-Care Probationer (임의적(任意的) 갱생보호제도(更生保護制度)의 개선방안(改善方案))

  • Chong, Joo-Young
    • Korean Security Journal
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    • no.2
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    • pp.227-258
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    • 1999
  • In a broad sense, ‘After-care SYSTEM’ for discharged prisoners mean legal actions of prisoners who have been released from lawful detention In its narrow sense, mean preventive protection and observation activities under regular guidance and supervision against those released from penal facilities after a certain period of detention Therefore, they should not be viewed as objects of mere concern or social work programs but preventive protection should he provided to them as part of national criminal policy After-care system is in the following two ways, The one is based on individual prisoner's request and consent, which is called 'Voluntary After-care system', The other is the one which is not based in personal request or consent but is based on obligation, which is named 'Compulsory After-care system In Korea, however no Compulsory After-care system is in practice Voluntary After-care system is to be carried out 6 method in the following by existing Probation, Parole Law. (1) offer of board and lodging (2) allowance of Traveling expense (3) allowance of occupation instrument or lending rehabilitation fund (4) training of occupation and vocational guidance (5) self-reliance support for After-care probationer (6) guidance of good deed And then to establish the society without offenders is the ideal of human beings, but criminal acts don't fade away, so in the field of the science of criminology, the importance of correctional system has become greater. The correctional idea has moved from severe punishment to educational rehabilitation for the goal of protecting both offender and security from the threat of crime in to day Some it is required that Compulsory After-care system is most important system in effective measures, and that existing Probation, Parole Law in Korea is renewed into Compulsory After-care system in the future.

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Human Embryo Research and Tort Liability (배아연구와 불법행위책임)

  • Seo, Jong-Hee
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.227-255
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    • 2011
  • Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.

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Review of 2018 Major Medical Decisions (II) (2018년 주요 의료판결 분석 (II))

  • Lee, Dong Pil;Lee, Jung Sun;Yoo, Hyun Jung;Park, Tae Shin;Jeong, Hye Seung;Park, Noh Min
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.231-260
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    • 2019
  • Following the last issue, we summarized the major medical judgments in 2018. Especially, efforts have been made to introduce as many judgments as they relate to the obligation to explain. This is because the limits of the court's judgments were so diverse that it was unknown. Regarding the extent of damages, attention should also be paid to cases where the cost of care is recognized as a large amount, and cases where the memorandum is effective for the increased cost of treatment. The rulings related to the payment and deduction of medical expenses were the most discussed, although the description was small. The case of multi-institutional operation of medical institutions is an interim decision, but it is a case of interest in the medical community, and regarding uninsured medical expenses, cases of discretionary abuse have been reduced compared to the past, but are still significant.

A Data Dissemination Mechanism for Grid Environments (그리드 환경을 위한 데이터 분산 전송 기법)

  • Kim Hyung-Jinn;Lee Jong-Suk Ruth
    • Journal of Internet Computing and Services
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    • v.7 no.6
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    • pp.63-77
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    • 2006
  • Nowadays as many Grid communities appear, the requirement of singlepoint-to-multipoint data transfer in Grid environment is growing. In a typical LAN or a special purpose network environment, a multicasting technology was used in such a data dissemination transfer case. However, compared with unicasting fouler performance transfer performance the multicating transfer is worse, and the obligation of a special hardware setting makes it difficult to implement in common Grid environment. Therefore, in this paper we propose on effective data dissemination mechanism for Grid environment named DDMG(Data Dissemination Mechanism for Grid), DDMG uses P2P(Peer-to-Peer) mechanism and Globus XIO library to improve the performance in a data dissemination process and to support heterogeneous protocols in Grid environment. We also evaluate the performance of DDMG mechanism in LAN and WAN environment by comparing with unicast transfer.

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Application of Satellite Image to Evaluate UN-REDD Registration Potential of North Korea : a Case Study of Mt.Geumgang (북한 지역 UN-REDD 등록 타당성 분석을 위한 위성영상 활용 : 금강산을 사례로)

  • Choi, Jin Ho;Um, Jung Sup
    • Journal of Korean Society for Geospatial Information Science
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    • v.20 no.4
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    • pp.77-87
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    • 2012
  • Discussion on North Korea as UN-REDD (Reduced Emissions from Deforestation and Degradation in developing countries) project target continues with a view to preventing deforestation and to securing CER(certified emission reduction) for South Korea. However, due to North Korea's political shutdown, it is hard to acquire information required for the REDD project registration. This research intends to acquire objective data using satellite images in the Mt. Geumgang. More than 20% of entire forested area were disappeared during the past two decades mainly due to conversion into agricultural farming land. Further, it is expected that persistent deforestation will go on. The reduction potential of the carbon emission is estimated as approximately 617,000 tCO2/year~663.000 tCO2/year. Thus, Mt. Geumgang is considered as realistic REDD target, which is attractive to South Korea, given that the obligation to reduce greenhouse gas emission is likely to be imposed upon the country. Further, political and social benefits due to reduced military conflict make Mt. Geumgang as UN-REDD project target invaluable.

The Study on the legal System of medical mistake and conflicts -Centering around the methods of a herb doctor's copying with- (의료과오(醫療過誤) 및 분쟁(紛爭)의 법률적체계(法律的體系)에 관한 연구 -한의사의 대처방법(對處方法)에 관하여-)

  • Lee, Sun-Dong
    • The Journal of Korean Medicine
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    • v.18 no.1
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    • pp.101-125
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    • 1997
  • Man pursues health as his basic right. Therefore, the government should try to preserve the right of the people's health and carry out the policy of medical treatment for that. But the system of our medical care is advantageous to the medical institutions, which produce medical goods each people buys and sells freely, more than to the maintenance and improvement of their health. That is to say, the first aim of the institution is not the healthy preservation of the people but their accumulation of riches. The medical conflicts are the social situation which is happening between those who produce medical treatment and the patients who consume it. Its behinning comes from the lack of belief by the inhuman relationship between patients and doctors. According to thelatest investigation, the patients of oriental clinics look more content than those who go to common hospitals. The reasons are as follows; fitness to one's physical constitution, the kind altitude of doctors and the view of oriental medicine toward human body. Though the content degreee is higher than western medicine, such conclusions result from the present condition the number of the patients is less. In short, the first, since the right of patients is higher and the fields make more variors and popular, the conflicts and mistakes go on increasing. The second, in their activity of treatment, the legal importance of atlention and explanatory obligation should be considered seriously so as not to break out medical mistakes. The third, in the center of technical books which are accepted by the academic world, the clinical exertion doing treatment is needful. The fourth, as the direct order of medical justification the self-determination of patients should be respected. The fifth, because the process and record of treatment become important in the time of emergency legally, the conversations and movements as well as the details of treatment must be recorded. The sixth, the academic effort about the settlement institution or the legal system is necessary.

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An Analysis of the Behavior of Tertiary Care Hospital Employee in ensuring the Confidentiality of Patient Records (대학병원 직원의 환자정보보호행동 분석)

  • Shin, A-Mi;Lee, In-Hee;Lee, Kyung-Ho;Youn, Kyung-Il
    • Korea Journal of Hospital Management
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    • v.15 no.2
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    • pp.84-106
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    • 2010
  • Ensuring the confidentiality of patient records is critical requirement for quality of care and in fulfilling legal obligation of healthcare organizations. This study analyzed the behavior of hospital employees who are dealing with confidential patient information in a hospital. Theory of Planned Behavior(TPB) model and TPB expanded models that add habit concept to TPB are tested for the validity in explaining the predisposing factors that affect the behavior of hospital employee in ensuring the confidentiality of patient records. Data were collected by administrating a survey to the 350 employee of a tertiary care hospital. Of the 350 questionaries distributed, 321 were responded resulting 92% of response rate. The mean differences among the groups classified by age, years of experience, gender, and occupation were analysis using ANOVA. The relationships among the concepts suggested in the models were analysed by applying the Structural Equations Modeling method. The results of ANOVA indicated significant mean differences in the frequency of confidentiality ensuing behavior. Administrative staff and medical technicians show higher frequency of ensuing behavior compared to the physicians and the nurses. And more experienced employee show more confidentiality ensuring behavior. The results of Structural Equations analysis showed that the strong effect of habit and attitude in predicting the behavior. However, the effect of perceived behavioral control was not significant. Based on the results the theoretical and practical implications are discussed.

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Building Guanxi and Networks of Korean Foreign Direct Investment Firms in China (대중국 한국 투자기업의 꽌시 형성과 네트워크)

  • Choe, Ja-Yeong;Lee, Sung-Cheol
    • Journal of the Economic Geographical Society of Korea
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    • v.15 no.2
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    • pp.228-239
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    • 2012
  • Guanxi could be regarded as communities based on blood, regionalism, school ties centering on individual person. It has been used as a means of personal interests security and acquisition. What is more, it has formed a mode of socio-economic order, which is an inter-obligation relations based on mutual benefits. In practice, it is necessary to understand and accept guanxi in China, as it is a key factor to understand consumer patterns, inter-firm relations and extra-firm relations between firm and government. In this context, the main aim of the reserach is to identify the impact of guanxi on the business activities of Korean foreign direct investment firms in China by investigating their networks based on guanxi.

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Imporovement Plan of Fire Inspection System (소방검사제도의 개선방안)

  • Lee, Jong-Young;Ki, Tae-Geun
    • Fire Science and Engineering
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    • v.23 no.5
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    • pp.181-195
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    • 2009
  • Modern constitution obtains its justice by protecting the people's basic legal rights. The constitutional rights can be more than a defensive measure against government power by modern viewpoints. The government has to create an atmosphere which the rights are not violated. The Constitution provides that the government has to make efforts to prevent disaster and protect the people from danger in Clause 34, Art. 6. The government has an obligation to protect the people's basic legal rights of life, health and property from fire damages, and those rights are gathering strength under a socialist state principle as fundamental ideology of modern societies. The present fire inspection system gains a point constitutionally but it still needs to be certified as the most suitable system. This article examines the solution to operate fire inspection system efficiently, given the reality of present system operation. It is necessary to improve the system by integrating the present fire inspection with the self fire inspection. Government needs to re-modification the Fire inspections system for prevent and promote (resolve) the problem which government officer (ex fire fighter) can make a irregularities and corruption as do it oneself.

A Study on the Seller's Obligation of Conformity of Transport Documents in Shipment Sales under CISG - Focused on Bill of Lading (해상송부매매에서 국제매매협약상 매도인의 서류적합의무에 관한 일고찰 - 선하증권을 중심으로 -)

  • Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.37
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    • pp.61-85
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    • 2008
  • Bills of lading are crucial in international sales on shipment terms since they guard buyers against loss of or damage to the goods in transit by giving them the rights against carriers. A bill of lading, as document of title, gives the buyer the right to demand physical possession of the goods from the carrier and enables the buyer who is in possession of damaged or short-delivered goods to sue the carrier. In this context the buyer in sales on CIF or CFR terms or FOB terms with additional services benefits from the bill of lading which functions as a receipt of goods and a evidence of the terms of the contract of carriage. Protection of such buyer's interests can be provided in the sale contract through appropriate express or implied terms on the seller's documentary obligations: Which transport document, a bill of lading or a sea waybill, is required? Who should be named as the consignee in the transport document and, in case of bill of lading, by whom should the bill be endorsed? What should be stated in the bill of lading for the quantity of the goods? How about a bill of lading that contains so called "unknown clause"? How many bills of lading for the entire contract goods should be tendered? Can a bill of lading stating that the goods have been shipped in apparent good order and condition also state that the goods were damaged after shipment? This paper seeks to provide answers for these particular questions.

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