• Title/Summary/Keyword: person subject to protection

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Wearable Sensing Device Design for Biological Monitoring (생체정보 모니터링을 위한 웨어러블 센싱 디바이스 디자인)

  • Lee, Jee Hyun;Lee, Eun Ji;Kim, Ji Eun;Kim, Yoolee;Cho, Sinwon
    • Journal of the Korean Society of Costume
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    • v.65 no.1
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    • pp.118-135
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    • 2015
  • In recent years, smart clothing had been developed in order to better detect and monitor physical movement of the patient, so that such activities such as location identification and biometric recognition could be done. However, most of the sensing devices of smart clothing were limited to smart sensing sports clothing and the designs did not consider the physical characteristics and the behavior of the wearer. Therefore, this study aimed to create an open protection system by developing a wearable sensing device for health monitoring and location information. For this purpose, this study developed eleven types of wearable sensing design that could be commercially sold and worn by people who needed their biological information to be constantly monitored. The study conducted four tests in order to develop three types of sensing devices for various sensing wears. The purpose of this study was to expand the user rang of smart sensing wears, and provide a foundation for the development of distinctive wearable sensing devices reflecting the user. Furthermore, contribute to the design for the person subject to protection.

The Protection of Third Parties of the Transactions Made by the Representative Director without Resolution Adopted by the Board of Directors (대표이사의 이사회 결의를 흠결한 거래행위와 제3자의 보호)

  • Shin, Tae-Seop
    • The Journal of the Korea Contents Association
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    • v.22 no.8
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    • pp.392-402
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    • 2022
  • The purpose of this study is to examine the protection of third parties of the transactions made by the representative director without resolution adopted by the board of directors. The legal effect of a transaction conducted by a representative director without board resolution in violation of internal restriction or statutory restriction is at issue. The Supreme Court of Korea('SCK') made a new ruling that revised the prior case law(Supreme Court en banc Decision 2015Da45451, Feb. 18, 2021). The SCK in the subject case proclaimed a legal doctrine that 'a third party acting in good faith' shall be protected according to Article 389(3) and 209(2) of the Korean Commercial Act, except that 'a third party with gross negligence' is considered as 'a person acting in bad faith' and thus is excluded from protection. The subject case law can be evaluated as broadening the scope of protection of the third party. In addition, the subject case is meaningful in that it is balance with the related SCK ruling, which considered a third party with gross negligence as a person acting in bad faith while protecting a third party with ordinary negligence in the case of transactions involving apparent representative directors, etc.

Impact of Philosophical Anthropology and Axiology on the Current Understanding of the Institution of Human Rights

  • Buglimova, Olga V.;Goncharov, Igor;Malinenko, Elvira;Matveeva, Natalya;Stepanenko, Yuri;Chernichkina, Galina
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.327-331
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    • 2022
  • The article aims at studying the institution of human rights in an ever-evolving world in the context of the interdisciplinary approach. The main scientific method was deduction that allowed examining the specific interdisciplinary approach in relation to the institution of human rights on the global scale. To solve the issue set, it is necessary to study legal foundations and features of the interdisciplinary approach to the institution of human rights in the modern world. The article proves there is no theoretical anthropological understanding of the institution of human rights. It has been concluded that the appeal to anthropological jurisprudence requires the identification of the initial theoretical and methodological principles, parameters and axioms of cognition, the integration of a person into the subject field of legal science, linking jurisprudence with the chosen external environment (philosophy, sociology, theology, etc.), predetermining the existence (understanding) of a person, causing qualitative differences and the structure of subject-methodological phenomena. In addition to the identification of such hypotheses, prerequisites and axioms, the basic method (principle) of cognition and its heuristic potential are also being searched (defined). The terminological designation of the formed subject-methodological phenomenon (legal anthropology, anthropology of law, anthropological approach, etc.) reveals its role in the system of interdisciplinary relations of legal science.

Oral History Research and Human Subject Research on Bioethics and Safety Law (구술사 연구와 「생명윤리법」의 인간대상연구)

  • Lee, Hosin
    • Journal of Korean Society of Archives and Records Management
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    • v.17 no.3
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    • pp.1-21
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    • 2017
  • Oral history research is carried out through collecting information about a living person. The data collected from an oral history project is not a mere fact or a mass of information but accounts of persons who reveal their own personalities. For this reason, oral history research and data collection and the use of such data must be based on rigorous ethical standards. The Bioethics and Safety Law shares a similar view on human subject research, and the Institutional Review Boards includes human subject research as a subject of review and management. However, the Bioethics and Safety Law's protection of personalities and human rights focuses on life sciences methodologies, which are not suitable for qualitative research, such as an oral history of a value oriented and critical approach to human beings. This study examines the details of the Bioethics and Safety Law related to human subject research and the problems that may arise when this law is applied to subjects in humanities and social sciences such as oral history. Through this study, alternative methodologies, which can be used for oral history research, while maintaining academic autonomy, are suggested.

Face Information Conversion Mechanism to Prevent Privacy Infringement (프라이버시 침해 방지를 위한 얼굴 정보 변환 메커니즘)

  • Kim, Jinsu;Kim, Sangchoon;Park, Namje
    • The Journal of Korean Institute of Information Technology
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    • v.17 no.6
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    • pp.115-122
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    • 2019
  • CCTV(Closed-Circuit Television) is increasingly exposed to CCTV per person as the number of installations increases every year for accident prevention and facility safety. The intelligent video surveillance system technology is attracting attention to the privacy protection of exposed subjects. The intelligent video surveillance system performs a process for the privacy protection so as to perform the action type of the subject and the judgment of the situation in the simple identification of the photographed image data, or to prevent the information, from which the information of the photographed subject is exposed. The proposed technique is applied to the video surveillance system and converts the original image information taken from the video surveillance system into similar image information so that the original image information is not leaked to the outside. In this paper, we propose an image conversion mechanism that inserts a virtual face image that approximates a preset similarity.

A Study on Improvement Plans for Application of the Personal Information Protection Act(Based on the Subject to Duty of Safeguards) (개인정보보호법 적용 대상에 대한 개선 방안 연구(안전성 확보조치 기준 의무 대상 중심으로))

  • Jang Sang Soo
    • Convergence Security Journal
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    • v.23 no.1
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    • pp.35-43
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    • 2023
  • Since the Personal Information Protection Act was enacted in 2011, it has played a role in safely protecting people's personal information and protecting their rights. Personal information controller must comply with the duty of safeguards for safe personal information management. Even though administrative regulation is an accompanying issue, it is not clear to whom, when and how it applies. According to the imposition of duties, the scope, standards, safety measures, procedures, etc. for the target person should be clearly and specifically specified, but the current legal system is insufficient .In this study, problems and reasonable improvement plans were presented for the classification criteria for applicable subjects, the criteria for the criteria for determining the targets, and the criteria for measures to ensure safety. Through this, we intend to contribute to enhancing the effectiveness of the system by presenting reasonable measures by clarifying and specifying the scope and standards of application.

A Study on Exposure to radiation of the patient who visited an emergency room at a University Hospital (한 대학병원 응급실에 방문한 환자의 방사선 피폭에 관한 연구)

  • Ahn, Buyung-Ju;Lee, Sang-Bock;Lee, Jun-Haeng
    • Journal of the Korean Society of Radiology
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    • v.1 no.3
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    • pp.23-34
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    • 2007
  • To find how much radiation was exposed the patients who visit emergency room, a measurement study was made for radiation amount toward 200 patients selected randomly among visitors to an emergency room in a university hospital from March 16 to 31st, 2006. The results are as follows ; 1. Among the subjects 50 person(25.0%) were transferred from other hospitals, 24 persons(8.3) come after traffic accident, 50 persons for other accident and 76 persons for general medical care. 2. The average frequency of X-ray taking was calculated as 6.4 time per person among transferred patients, 14.5 times per person among patients with traffic accident and 2.6 times per person among general medical care. 3. The radiation exposure amount by kind of X-ray showed 28.9mGyfor general X-ray diagnosis, 84.2mGy for CT scanning and 1.02mGy for other special radiation study. 4. Average radiation exposure amount was calculated as 24.6mGy by transferred patients, 55.2mGy by patients with traffic accident, 17.1mGy by patients with other accidents and 17.0mGy by general patients. 5. Through the comparison of radiation exposure amount among to subject with maximum allowance threshold by International Commission on X-ray Radium Protection, transferred patients exceeded 6 times than allowance in whole body except extremities and joints, blood forming organ, reproductive system, vitreous body of eye, bone, thyroid gland, skin and etc, Patient suffered from traffic accidents were exposed 10 times more than allowance. In conclusion, the radiation exposure amount during X-rat diagnosis re too much and exceeded allowance standard by International Commission on X-ray Radium Protection. So further study and preventive measure to decrease radiation exposure by patients who visit emergency room.

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Oversight on the Bioethical Compliance of National R&D Projects or Research Personnel (국가 R&D 과제의 생명윤리 관리체계 구축에 대한 고찰)

  • Jang, Seong Mi;Jeong, Kyeong Hye;Kim, Bo Yeon;Kim, Young Nam;Cho, Hyeon In;Kim, Eun Young;Huh, Woo Sung
    • Korean Journal of Clinical Pharmacy
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    • v.26 no.1
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    • pp.77-83
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    • 2016
  • Background: Oversight on the bioethical compliance of national R&D projects or research personnel is currently conducted exclusively by IRB (Institutional Review Board) within the relevant research institute. Considering current state of affairs in Korea, there is an imperative to establish a national oversight system for bioethical compliance, conduct comprehensive oversight on bioethical compliance of national R&D projects, and enhance subject protection system. Methods: We examined opinions from researchers and IRB personnels regarding ethical oversight system on R&D projects. Additionally, we looked at IRB assessment by KAIRB (Korea Association of Institutional Review Board) in order to identify status and problems with current IRB system in Korea. Assessment was also done for four other countries (US, UK, Germany, Singapore) through in-person visits as well as surveys in writing for a total of 6 months (2012.12.1~2013.5.31). The research comprised of two aspects: system management and R&D project audit. Based on this, we examined current status and problems of the existing system in Korea and made recommendations for improvement. Results: Regulatory objectives and backgrounds of biomedical researches are different from each country due to different characteristics of bioethical oversight system. This shows that each country sets up its own regulations and procedures to fit each situation. Bioethical compliance oversight system greatly varied between the countries. From this study, it can be seen that improvement of existing procedures and oversight system or establishment of new ones are essential in Korea. Conclusion: In terms of system management, a dedicated government organization need to be established for bioethical compliance, subject protection, IRB inspection, training, evaluation, and certification of systems, and also support for IRB e-system. Regarding R&D project oversight, it is essential to confirm IRB review results before start of a research, to conduct a review on ethical aspects of research plans, and to carry out continued oversight on bioethical compliance through interim reports.

A Study on the Use of Parking Lots and Improvement Methods of Land Supply in Public Development Zones (공공개발지구 내 주차장용지의 이용실태와 토지공급방법 개선방안 연구)

  • Park, Chang Yul;Kim, Si Jin
    • Land and Housing Review
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    • v.10 no.4
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    • pp.13-30
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    • 2019
  • Parking lot within housing site contains public interest of relieving parking space shortage problem and subject to public restriction. If auctioned off at higher price by excessive competition in general competitive bid for land bidders, the development of parking lot will be made against its original purpose supply. The core issue is that a bid price is quite often to be blown out of proportion by 150%~ 250% due to extreme competition and, could face serious problem if a winning bidder runs sale business. If it is rental business, although about 30% of the total floor space of the whole building to be used as neighborhood facilities, too high winning bid price cause to lose transparency. In case of sale at aggregate buildings, most business operators would sell 30% of the neighborhood facilities, spare the parking lot and manages thereof separately. According to Aggregate Buildings Act, neighborhood facilities are allowed for individual registration and ownership of parking lot by business operator or designated person by business operator. In this case, the parking lot becomes 70% of the total floor space of the whole building and 70% of the land share which makes the mortgage very valuable and easier for business operator to get financial loan. There used to be many cases such as owners of neighborhood facilities (aggregate buildings partial owners) who run parking lot to repay their loan running parking lot to repay loan, but found that very tough and reached auction and relatively disadvantaged. For parking lot within housing site, it is recommend to exclude the public factors that land has and take into account of public restriction in area (housing site). Business opportunity for operators and protection of property rights for buyers in aggregate buildings, land supply method is recommended to replace from highest bid method into draw or private contract. In terms of price, supply at estimated price (construction price) and restriction on usage (Co-ownership of parking lot) proposals are submitted.

The review of the 2016 amended Korean Mental Health promotion Act from the Perspective of Human Rights and Inclusion of Persons with Mental Disabilities (정신장애인의 인권과 지역사회통합의 관점에서 본 2016년 정신건강증진법의 평가와 과제)

  • Park, Inhwan
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.209-279
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    • 2016
  • The Korean Mental Health Act was amended 2016 overall. This paper examines and evaluates the old Korean Mental Health Act since 1995 and the new Korean Mental Health Promotion Act 2016 from the Perspective of Human Rights and Inclusion of Persons with Psychosocial Disabilities. The persons with mental disabilities was separated and ruled out from society by the enactment of the Mental Health Act in 1995 and five times amendment. That has been justified and institutionally supported by medical viewpoint. The medical approach which reconsider the persons with mental disabilities as patients conceal that the aims of the involuntary admission in Mental Hospital are protection of society and the relief of the family member's duty of support for person with mental disabilities. This is institutionally supported in the 1995 Korean Mental Health Act by involuntary admission through the consent of family members as protectors. According to the old Act, the family members as protectors are authorized to consent to involuntary admission of persons with mental disabilities. Also, the psychiatrist that diagnoses the person with mental disabilities and evaluates the need for treatment by admission is not impartial in this decision. Family members as protectors may want to lighten their burden of support for the person with mental disabilities in their home by admitting them into a mental hospital, and the psychiatrist in the mental hospital can be improperly influenced by demand of hospital management. Additionally, Article 24 of the Korean Mental Health Act for the Involuntary Admission by the Consent of Family Members as Protector might violate personal liberty, as guaranteed in the Korean Constitution. The Mental Health Promotion Law was amended to reduce the scope of the persons with mental illness which are subject to forced hospitalization and to demand that a second diagnosis is made by another psychiatrist and screening by the committee concerning the legitimacy of admission in the process of the involuntary admission by the consent of family members as a method of protection. The amended Mental Health Promotion Law will contribute to reducing the number of the involuntary admissions and the inclusion of persons with mental disabilities. But if persons with mental disabilities are not providing some kind of service to the community, the amended Mental Health Promotion Law does not work for Inclusion of them.

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