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Issues and Considerations surrounding Revocation Physician's Medical License Arising from Criminal Offenses (의사의 형사범죄에 따른 면허취소처분의 쟁점과 고려사항)

  • Kim, Sung-eun
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.113-142
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    • 2018
  • In recent years, there have been opinions in which physicians are liable to the revocation of their medical license if they are sentenced to above a certain level for criminal charges regardless of the types of offenses. Accordingly, a revised bill of law was submitted in the National Assembly, and related discussions are thus expected to commence. Considering the morality and ethics or the level of the rule of law that the general public expects of physicians, as well as the license revocation system in other professional sectors, it is assessed that medical license revocation due to criminal convictions of physicians is appropriate to some degree. However, if a poorly devised system is established based on unrefined inferences or emotional judgements, unexpected side-effects are likely to arise. With regard to serious criminal acts that society generally perceives as unacceptable, it can be assessed that the revocation of physicians' licenses would appropriately protect the general public from threats. However, given the life-saving characteristics of high-risk medical practices, higher malpractice exposures, and social values, it is difficult to assess charges of professional negligence resulting in death(or in injury) and minor offences in the same manner as anti-social criminal offences are handled. Physicians need to be treated the same as any other professions. At the same time, they are engaged in administering medical treatment to patients in the face of great risks as professionals. Under the circumstances, a discussion on the introduction of a more specific and empirical system is needed by considering the intrinsic characteristics of medical treatment and the need for an equitable health and medical policy. Accordingly, based on the above judgment and perception, this study explores the code of ethics for physicians and medical license revocation related to criminal offences at home and abroad, and examines various legislative alternatives appropriate for the Republic of Korea. In doing so, the purpose of the study is to contribute to the development of a reasonable system for handling criminal offences by physicians.

Affecting Factors on the Safety on School -Focusing on U.S Public School Security Guard Patterns- (학교 내 안전에 영향을 미치는 요인: 미국 공립학교의 경비활동 유형을 중심으로)

  • Shin, So-Ra;Cho, Youn-Oh
    • Korean Security Journal
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    • no.37
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    • pp.137-163
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    • 2013
  • This research will incorporate cases from U.S public schools to analyze the factors which influences the security within the school and efficient security patterns to suggest an adequate suggestion to elevate domestic school security system. This study is divided into two following models: a serious criminal offense model, which considers crimes occurred on campus as subordinate variables, and a school violence model, which considers as subordinate variables after limiting an act of delinquency and an a group action that can harm the safety of students, although they are not included in the categories of crimes. First, from analyzing the factors which influences security within school, the explanation power of serious crime offense safety model and school violence safety model is measured 12% and 11.3%. In serious crime offense safety model, the safety education for students, among the safety programs provided by schools(t=2.548, p=0.011), parent participation to school management(t=10.694, p=0.000), Security activities on campus(t=3.643, p=0.000), and CPTED activity(t=6.467, p=0.000) are statistically significant, as affecting factors on the safety from serious crimes. Similarly in school violence model, the safety education for students, among the safety programs provided by schools(t=3.228, p=0.001), parent participation to school management(t=12.034, p=0.000), security activities on campus(t=2.663, p=0.000), and CPTED activity(t=3.928, p=0.000) are statistically significant, as affecting factors on the safety from school violence. Second, according to the analytic results on figuring out the optimal pattern to heighten the security activities, the serious offence model's explanatory power was 4.4% and school violence safety model rated 3.9%. With the serious offense safety model, the activity factors which showed statistically significant in influencing safety from serious offenses were cooperation with local police force (t=2112, p=0.035), school policy management (t=3.309, p=0.001), security patrolling activity (t=2.548, p=0.011). In the school violence model, security activities initiated by the school which showed statistically significant from serious offenses were cooperation with local police force (t=2.364, p=0.018) and policy management (t=4.142, p=0.000). In accordance with the result of this study, education for students rather than education for teachers is more positive in terms of the safety on campus, and parent participation, like education, is consistently needed for the safety on campus. In case of CPTED activity, reinforcing plans should be prepared by intactly accepting examples in the USA. In case of security activity, plans that can increase visibility and reinforce cooperation with local police in a smooth way will provide a positive effect to the safety on campus.

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The Differences in Harassment Behavior and Perception of Dating Violence According to Traits of University Students (대학생의 특성에 따른 데이트폭력 가해 행동 및 데이트폭력 인식의 차이)

  • Kim, Rae-Eun;Koo, Sang-Mee;Choi, Sun-Mi
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.7
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    • pp.244-254
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    • 2020
  • The purpose of this study was to analyze the differences in dating violence perception of dating violence perception of university students. As a research tool, CTS2 was used as a measure of dating violence, a measure developed by Kim(1999) was used, and a measure of dating violence by Jeong(2013) was used. Data analysis was performed using independent sample t-test and multi-variate analyses. The results are summarized as follows. First, female students showed higher differences in total violence against violence and psychological violence than boys, while boys showed higher physical violence than girls. Health majors were significantly higher in total dating violence and psychological violence than students in humanities and social sciences. There was no significant difference in dating violence offenses with or without sexual experience. Only psychological violence showed an interaction effect between gender and sex experience. Second, female students were significantly higher than male students with significant differences in recognition and sub-factors. Health majors were significantly higher in both date violence perception and lower factors than humanities and social sciences. Students without sexual experience perceived overall dating violence more than students with sexual, physical and cyber violence being significantly higher.

A Comparison of Psychological Characteristics between Sexually Assaulted and Molested Victims Using the Minnesota Multiphasic Personality Inventory-2 (다면적 인성검사 II를 이용한 성폭행과 성추행 피해자의 심리적 특성 비교)

  • Lee, Sang-Min;Kim, Sung-Jin;Jung, Do-Un;Kang, Je-Wook;Moon, Jung-Joon;Jeon, Dong-Wook;Lee, Yoon-Ho;Kim, You-Na
    • Korean Journal of Psychosomatic Medicine
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    • v.25 no.2
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    • pp.101-110
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    • 2017
  • Objectives : This study analyzed psychological aftereffects and made comparisons between victims who were either sexually assaulted or molested using the Minnesota Multiphasic Personality Inventory-2(MMPI-2). Methods : The participants were adult women who visited the Busan Smile Center within 6 months following sexual assault. This study categorized the participants according to types of sexual violence and then identified their social demographic features and characteristics. Student's t-tests were carried out to compare the MMPI-2 results between the sexually assaulted group and sexually molested group. Chi-square tests were also conducted to compare between participants who scored above 65T. Results : Among the 55 participants, 32 were sexually assaulted; 23 were sexually molested. Significant differences between the two groups were found in the following scales: F, F(B), F(P), Pt, Sc, Ma, RC6 and PSYC. Moreover, the number of participants with higher scores in the Pa, Pt, Sc, RC6, and PSYC scales in the sexually assaulted group was significantly higher than in the sexually molested group. Conclusions : Both groups of victims may commonly suffer beyond the moderate level of depression and anxiety in the post-case term. In addition, the sexually assaulted group seems to suffer relatively more from panic and psychological pain than the sexually molested group does.

Influence of a Semi-Public Management System of Intra-City Bus Service on the Decrease of Traffic Accidents and the Attitude Change of Intra-City Bus Drivers (시내버스 준공영제가 시내버스 교통사고 및 시내버스 운전자의 운전태도 변화에 미치는 영향 분석)

  • Choe, Jae-Won;Jeong, Heon-Yeong;Jang, Seok-Yong;Kim, Gwang-Uk
    • Journal of Korean Society of Transportation
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    • v.28 no.4
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    • pp.73-83
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    • 2010
  • The main objective of this paper is to analyze the factors of a semi-public management system of intra-city bus that influence the decrease of traffic accidents which are caused by intra-city buses and the attitude change of intra-city bus drivers over their driving. The results show that the traffic accidents decreased generally as a result of definition of the progresses and characteristics of traffic accidents of intra-city buses before-and-after the system is implemented and with the passing of time after the system began operations. Second, the factors which influence the decrease of traffic offenses before-and-after semi-public management system of intra-city bus are the decrease of violations, safe driving, and job security. Also, the causes which mostly influence the decrease of traffic accidents are defined. Finally, the changing degrees of driving attitudes before-and-after the system is implemented and the causes of the changes are determined. The effects on the decrease of traffic accidents before-and-after the system is implemented as well as the problems and the solutions over time are the main products of this study.

Analysis of Actors' Interaction Patterns in the Formation Process of Sexual Crime Prevention Policy: Focusing on classification and case analysis (성범죄예방정책의 형성과정에서 행위자의 상호작용 패턴분석: 유형분류 및 사례분석을 중심으로)

  • Yoo, Keun-Hwan;Kim, Duck-Hwan;Suh, Kyung-Do
    • Journal of the Korea Convergence Society
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    • v.9 no.9
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    • pp.209-215
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    • 2018
  • The purpose of this study is to grasp the overall policy decision system of sex crime prevention policy and analyze the interaction and pattern of actors in policy formation process. This is a useful way to identify the causes and ways to improve the policy if the sex crime prevention policy fails. As a research method, we used a model of advocacy through case analysis and language network analysis. In the external environment, low reporting of sex offenses, technical improvement and supplement for preventive management, consciousness of victims of sexual crimes, amendment of legislation, and support of the president. The conflicts between the advocacy coalition opposed the strong regulation, the prevention of recidivism, the expansion of the range of objects to be worn, the temporary effect of the system and the retrospective of the bill. As a problem-solving strategy, it was confirmed that the opposing positions of pros and cons of lack of manpower and negligence of management through the extension of the system were acutely opposed. In the context of media reports, this tendency is more likely to be understood as the concern of prevention and management at the central government level to prevent sex crimes. Therefore, although the methods of prevention of sex crimes have been insufficient in the past, it is hoped that this study will be helpful in breaking the link of negative policy vicious cycle.

The Smart Electronic Tagging System for Sexual Offenses Prevention Context-Aware Services in Extreme Situations such as Location Unrecognized (위치인식 불가의 극한상황에서 성범죄 예방 상황인지 서비스를 위한 스마트 전자발찌 시스템)

  • Lee, Gil-Yong;Park, Soo-Hyun
    • Journal of the Institute of Electronics and Information Engineers
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    • v.49 no.11
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    • pp.118-131
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    • 2012
  • The existing electronic tagging system traces the location of a sex offender through communicating with GPS satellites and mobile phone base stations in order to prevent repeated crimes. However, the GPS satellite communication method does not work well in the interiors of downtown buildings or on the subways where it is difficult to receive satellite signals. In such cases, the location can be traced through communication with mobile phone base stations. But the distance between mobile phone base stations is several hundred meters, and as a result the margin of error for location tracing can be maximum of 2km in accuracy reduction. Take for example, if a kindergarten is located on the 2nd floor and a coffee shop and the sex offender are located on the 3rd floor in a 5-story building that is downtown, the existing electronic tagging system cannot trace the location of the sex offender as the GPS satellite communication does not work in the interior of the building and the exact floor that the sex offender is located on cannot be recognized through communication with mobile phone base stations. This occurrence is a big problem for the existing electronic tagging system, which is based on position recognition. Therefore, this study suggests a smart electronic tagging system that can monitor sex offenders by using a Ubiquitous Sensor Network in such extreme situations where position recognition is not possible.

Study on Perception of Group Home for the People with Disabilities Worker on Sexually Problematic Behavior of Adults with Developmental Disabilities (발달장애인의 성문제 행동에 대한 장애인공동생활가정 종사자의 인식에 관한 연구)

  • Lim, Hae-Young;Hong, Young-Joon;Jun, Joo-Ram
    • The Journal of the Korea Contents Association
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    • v.19 no.6
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    • pp.575-586
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    • 2019
  • In order to find out perception of group home for the people with disabilities worker on sexual behavior of adults with developmental disabilities in a holistic way, This study conducted in-depth interviews with six research participants using Giorgi's phenomenological study method to understand the meaning of perception of sexual behavior of adults with developmental disabilities. According to data analysis, these experiences appeared as two thematic themes: 'sexual trouble behavior' and 'perception of sexuality'. Two sub-themes of 'Excessive expression of sexual desire', 'Improper sexual behavior that can lead to sexual offenses' were derived from the essence theme of 'sexually problematic behavior' and 'perception of sexuality' were derived from the essence theme of 'lack of suitable solution', 'conditions that are not enough to have sex appeal', 'frustrated sexuality', 'some dilemma problem', 'sexuality that is not different from non-disabled', and 'love and sex are ok, pregnancy and marriage are no'. Based on this, group home caregivers contribute to their role as the main agents who reinforce and reproduce the sexual norms of adults with intellectual disabilities, while at the same time they experience confusion in their values about sexual norms of people with intellectual disabilities. Based on the results, We discusses the major intervention plan for education programs to enhance the competences of group home caregivers in order to form a holistic perspective of group home caregivers in sexuality of people with intellectual disabilities, and provide rational solutions.

CYBERCRIME AS A THREAT TO UKRAINE'S NATIONAL SECURITY

  • Varenia, Nataliia;Avdoshyn, Ihor;Strelbytska, Lilia;Strelbytskyy, Mykola;Palchyk, Maksym
    • International Journal of Computer Science & Network Security
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    • v.21 no.5
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    • pp.73-83
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    • 2021
  • The information space, the main components of which are information resources, means of information interaction, and information infrastructure, is a sphere of modern social life in which information communications play a leading role. The objective process is the gradual but stable entry of the national information space into the European and world information sphere, in the context of which there is a legitimate question of its protection as one of the components of the national security of Ukraine. However, the implementation of this issue in practice immediately faces the need to respect the rights and fundamental freedoms guaranteed by international regulations and the Constitution of Ukraine, especially in the field of cybersecurity. The peculiarity of the modern economy is related to its informational nature, which affects the sharp increase in cyber incidents in the field of information security, which is widespread and threatening and affects a wide range of private, corporate, and public interests. The problem of forming an effective information security system is exacerbated by the spread of cybercrime as a leading threat to information security both in Ukraine and around the world. The purpose of this study is to analyze the state of cybersecurity and on this basis to identify new areas of the fight against cybercrime in Ukraine. Methods: the study is based on an extensive regulatory framework, which primarily consists of regulatory acts of Ukraine. The main methods were inductions and deductions, generalizations, statistical, comparative, and system-structural analysis, grouping, descriptive statistics, interstate comparisons, and graphical methods. Results. It is noted that a very important component of Ukraine's national security is the concept of "information terrorism", which includes cyberterrorism and media terrorism that will require its introduction into the law. An assessment of the state of cybersecurity in Ukraine is given. Based on the trend analysis, further growth of cybercrimes was predicted, and ABC analysis showed the existence of problems in the field of security of payment systems. Insufficient accounting of cybercrime and the absence in the current legislation of all relevant components of cybersecurity does not allow the definition of a holistic system of counteraction. Therefore, the proposed new legal norms in the field of information security take into account modern research in the field of promising areas of information technology development and the latest algorithms for creating media content.

A Study on Precedents about Defamation by Ghost Surgery Disclosure and Its Implication (유령수술 공개에 따른 명예훼손에 관한 판례 고찰 및 시사점 : 서울고등법원 2020. 9. 11. 선고 2019노2201 판결 중심으로)

  • Jeon, Byeong-Joo;Han, Hye-Sook
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.634-644
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    • 2021
  • Despite the increased social demand for strengthening the punishment for ghost surgery in Korea, the governmental management is very passive compared to other offenses of medical law, and the punishment for ghost surgery is insufficient, so that medical malpractices are continuously occurring. A plastic surgeon who posted the names of clinics performing ghost surgery and the number of deaths on the internet bulletin board, was charged with the violation of the Information Telecommunication Act(defamation). Thus, this study aimed to present the legal/institutional issues and implications of defamation by the release of ghost surgery, by initially examining the charged case after posting the contents showing the death of patients by ghost surgery in clinics on the internet bulletin board. This study aimed to understand how strictly the court approached the ghost surgery in the aspect of public interest, and also to understand the judgment standard of punishment for defamation by investigating the publicly alleging facts and public interest by the disclosure of ghost surgery. Moreover, this study aims to provide the basic data necessary for guaranteeing the national health right by arousing attention to ghost surgery.