• Korean Security Journal
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• no.13
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• pp.47-70
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• 2007

The criminal procedure is based upon two ideal values, or 'speedy trial and economy of litigation' and 'finding truth and guarantee of human rights', which are conflicting each other. The so called summary trial system, a simplified procedure through which a judge handles clearly obvious and minor offences in a quick and efficient manner, has its essential purpose of termination lawsuits promptly and freeing suspects or defendants from criminal procedure at the earliest possible moment. But its excessive emphasis on this purport is very likely to result in insufficient examination and inadequate protection of suspects' or defendants' rights. Therefore, the summary trial system needs a variety of safeguards to prevent these feasible - but undesirable - effects. From this point of view, we should objectively review the current summary trial system. The main object of this study is to investigate what problems the system has both in institution and in practice, and to suggest legal measures, including the abolition of it, to improve the simplified procedure. In conclusion, the summary trial system should be maintained because it has still more merits than faults. And these defects will be able to be overcome by reform measures ; for example, the introduction of the right to opt between the summary procedure and the formal trial, the abolition of detention and so on.

• Cross-Cultural Studies
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• v.50
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• pp.131-172
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• 2018

It is noted that nowadays, the bride wealth custom takes an extremely distorted form in African society. Such a phenomenon is a result that the male-dominant culture, Western religions, and capitalist economic system have been negatively combined into dynamic factors seen as bride wealth. This means that the concept of bride wealth has been incessantly reconstructed in the middle of clash and conflict of tradition and modernity. There is also little doubt that the practice is inextricably tangled with the common and current ways of livelihood, early marriage, polygyny, kinship/family structure, poverty, and migration labor. Bride wealth has become an increasingly commercialized element under a capitalist economic system. Accordingly, its traditional symbolism is seen to be subsequently weakening, whereas a tendency towards the reification of women is strengthening more in modern society that embraces modern customs bent on the protection of women's human rights. Its commercialization has produced a result, which instigates the noted violations of women's basic human rights, gender inequality, and promotion of domestic violence. The ways that people perceive bride wealth vary according to their own sex, generation, stratification, and ethnic background. Those people who negatively recognize bride wealth will increase with the deepening of its commercialization due to the influence of capitalism. Its color and effect will deepen and depend on how its agents correspond to socioeconomic changes. They will constantly reinterpret and reconstruct it within their own environments, but the basic human rights efforts are constantly under review by concerned individuals seeking to promote equality for women as a global effort.

• Journal of Korean Academy of Nursing Administration
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• v.5 no.1
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• pp.113-136
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• 1999

There are some new trends in judgments concerning medical malpractice. which include emphasis on medical professionals' explanation duty in order to materialize patient's rights of self-determination. Now, patient is not a mere subject of medical and nursing care any more, but a subject, participating in medical practice on equal terms with medical professionals. Legal accountability is no limited to nurses in advanced practice: it is a recognized fact of life for every practicing nurse. whether she is an RN employed as a staff nurse in a hospital, a Certified Nurse-Midwife in independent practice or a patient's home. Therefore, it is essential for nurses to be as familiar as possible with the legal guidelines that govern their patient care responsibilities. However there are only a few studies focused on nursing negligence. To define nurse's civil liability in medical malpractice, it is necessary to indentify both legal nursing behaviors and nurse's due care in those nursing behaviors. So this paper focused on nurse's due care, especially in nursing malpractice. To clarify nurses' due care. chapter II has focused on nursing behavior and the scope of nursing practice based on the medical law and health care related study results. Chapter III deals with the content and scope of nurse's due care. Generally. negligence is defined as not doing something which a resonable person. guided by those ordinary considerations which or dinarily regulate human affairs. would do. or doing something which a resonable and prudent man would not do. Next. it describes how we can set the standard of due care in nursing practice. There is objective factors and subjective factors. And we also discuss about the limitation of due care in nursing practice. Finally. chapter IV deals with the case studies related to nursing negligence in the situation of determination. Now', patient is not a mere subject of medical and nursing care any more, but a subject participating in medical practice on equal terms with medical professionals. Legal accountability is not limited to nurses in advanced practice; it is a recognized fact of life for every practicing nurse. whether she is an RN employed as a staff nurse in a hospital. a Certified Nurse-Midwife in independent practice or a patient's home. Therefore, it is essential for nurses to be as familiar as possible with the legal guidelines that govern their patient care responsibilities. However. there are only a few studies focused on nursing negligence. To define nurse's civil liability in medical malpractice, it is necessary to identify both legal nursing behaviors and nurse's due care in those nursing behaviors. So this paper focused on nurse's intravenous injection. post operation nursing care. blood transfusion. and patient nursing care. The result of this paper is as follows. First. there are several cases dealing with nurse's negligence in nursing practice. however, those cases didn't judge nurse's due care based on individual -specific standard but general-objective standard. Second, there is a tendency to put an emphasis on the principal of belief to distinguish who has the liability in the case of medical malpractice among medical care team. So nurses shoud practice nursing care more actively to protect themselves and patients because there is an effort to form professional nurse system and the scope of nursing practice will be deeper and broader. Third, standard of care is a necessary element in establishing negligence. If a nurse is able to meet the standard of care, no breach will be found.

• The Journal of the Korea Contents Association
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• v.9 no.12
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• pp.836-842
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• 2009

On April 14, 2008, National Human Rights Commission of Korea's recommendation led to severe argument that hiring qualification of religious school. it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such organizations is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such organizations is directed toward the propagation of a particular religion. An employer is a "religious organization" entitled to the exemption. So If the employer is a school, its history and mission, the religion of the faculty and students, and the religious focus of the curriculum must be examined. Consequently it is possible for religious educational institution to reject specific religionist.

• Quality Improvement in Health Care
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• v.2 no.1
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• pp.86-109
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• 1995

Clinical trials of drugs on humans is the final and most important stage in evaluating the safety and efficacy of the drugs. Good Clinical Practice(GCP) standards were announced in 1987 to protect testees' rights as well as to ensure validity of the clinical trial results, but its implementation has been delayed until now. The purpose of this study is to evaluate the preparedness of the designated institutions to abide by GCP standards during clinical trials, and thereby to determine GCP implementability at the institutions. Survey on the status of clinical trials was conducted for the designated 83 clinical trial hospitals. Response rate was 95.2%. Donabedian's quality assessment model was applied as the basic framework for the study. And the relative - weights for the evaluation items were determined by expert's evaluation. Among the designated 83 hospitals, 39 conducted clinical trials to obtain drug manufacturing approval from 1990 to 1994. Only 19 institutions are found to be able to meet the requirements of KGCP. Structure variables - manpower, organization, and facility -, which are the basic elements for GCP, are evaluated as unsatisfied in many hospitals. Institutions which established IRB accounted for 41 or 51.9%, but those who have a protocol evaluation guideline, or Adverse Drug Reaction(ADR) reporting system were only 12 and 21 institutions, respectively. Also, the institutions providing educational programs on conducting clinical trials are few - 20. The study results indicates that the level of conducting KGCP is unsatisfactory. However, more institutions are expected to be able to meet the standards soon because GCP standards does not require so much regulation on facilities, but stress importance on research methodology and human right. At present as the institutions for clinical trials are primarily training hospitals with residency programs, such efforts as education will accelerate the implementability of GCP in Korea. Institutions must build the appropriate infrastructure and government must prepare to strongly enforce KGCP before it can successfully take place.

• Journal of the Korean Society of School Health
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• v.33 no.3
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• pp.194-202
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• 2020

Purpose: The purpose of the study was to develop educational materials on field practice safety based on existing field practice data and accident cases regarding vocational high schools and apply them to identify their impact. Methods: The existing data, accumulated since 2010, on field practices of vocational high schools were analyzed, and educational materials regarding field practices were developed by six experts. 195 students in three vocational high schools were surveyed before and after being taught with the materials. The survey asked about their knowledge of industrial safety and health and attitudes toward industrial safety and health. Results: As a result of the study, harmful environments for field practices of vocational high schools were physical, chemical, ergonomic, and emotional labor, and the consequences were accidents, death by overwork, musculoskeletal diseases, etc. The materials covered students' rights and how to respond to workplace accidents in the 1st round, how to organize a workshop in the 2nd round, workplace safety and health signs in the 3rd round, prevention of musculoskeletal diseases in the 4th round, management of physical risk factors in 5th round, management of hazardous chemicals in 6th round, wearing and managing protective equipment in 7th round, first aid depending on the situation in the 8th round, CPR and defibrillator in the 9th round, sexual harassment in the 10th round, and prevention of sexual violence in the 11th round. After completing the education, their knowledge of industrial safety and health increased significantly from 6.52 points to 7.01 points. Conclusion: The results of this study suggest: first, to statistically organize the data on accidents that have occurred during field practices of vocational high schools; second, to develop a systematic curriculum for high school 1st to 3rd graders on accidents that may happen during field practices of vocational high schools.

• The Journal of Korean Medicine
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• v.43 no.3
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• pp.94-105
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• 2022

Objectives: This study investigated public opinion on the use of modern diagnostic medical devices by Korean Medicine doctors. Methods: A questionnaire looking into perceptions on the use of modern medical devices was developed. It was distributed by a third party and data was collected. Results were analyzed through frequency analysis, chi-square analysis (χ²-test), frequency and cross analysis using R program. The measurement variable in the study was the respondent's perspectives and expectations on the use of modern diagnostic medical devices by Korean Medicine doctors. The maximum significance level was 0.05. Results: There were a total of 3,000 responses and 80.8% of the respondents replied that there is a need for government-level discussion on endowing rights to Korean Medicine doctors as supervisors for safety management of radiation generating devices. Also, 83.3% of the respondents agreed the use of ultrasound imaging equipment in Korean Medicine clinics should be legalized. Conclusions: According to this study, respondents strongly support the use of modern diagnostic medical devices by Korean Medicine doctors. This is the first study to investigate public opinion in this area and it provides a significant insight into the public needs and desires for a wider scope of practice for Korean Medicine in the healthcare system.

• Research in Community and Public Health Nursing
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• v.8 no.1
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• pp.116-132
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• 1997

The purpose of the study is to find out how laws related to the nursing profession can be improved by analyzing the rules and regulations concerning nursing. Furthermore, to help settle legal matters in the process of doing nursing work. The data used for the study are the Health and Medical Act, the Maternal and Child Health Act, the School Health Act, the Special Act for Health and Medical Service in Rural Areas, the Industrial Health & Safety Act and the Notice on Nursing Professional Courses analyzed by age and content. The results of the study are as follows : First, basic nursing practice includes 'nursing care for recuperation and assistance in medical treatment and in special areas including the pre-vention of disease, maintenance of health, control of environment, and other therapeutic activities. It is suggested that the phrase 'assistance in medical treatment' should be eliminated as it limits the basic nursing practice to the assistance of the medical treatment. Second, Article 56 of the Health & Medical Act prescribes a special nurse but it does not prescribe a specific job. Accordingly, the new provison concerning the specific jobs of a special nurse should be added or a job guide should be inseated. Third, it is prescribed that those who have completed the training course after obtaining a license are qualified to be a midwife, a special nurse and a nurse practitioner working in special areas. However, school nurses, occupational health nurses and maternal and health workers are required to obtain a nurse license, but not to take an additional training course. Nurses working in special areas should be legally recognized as nurse specialists. The regulations to control various qualification standards consistently should be established. Fourth, the qualifications and types of nurses by area prescribed by Article 54 of the Health and Medical Act are not consistent with those of special nurses as recognized by affiliated organizations of the Korean Nurse Association and some hospitals. Accordingly, the qualifications and types of special nurses should be adjusted in consideration of special nurses. Fifth, as Article 16, Paragraph 2 of the Health and Medical Act does not prescribe the type and scope of first - aid treatment that nurses can provide, the first-aid treatment of nurses might be considered as an unlicensed practice. The specific regulations regarding these matters should be established. Sixth, the contents of the nursing record, which are prescribed by Article 21 of the Health and Medical Act as a duty, include 1) matters concerning body temperature, pulse, breath and blood pressure 2) matters concerning drug prescription 3) matters concerning input and output 4) matters concerning the treatment and nursing care (Article 17 of the Enforcement Regulations, Health and Medical Act). However, these matters are limited to basic nursing care and assistance in medical treatment. The new recording methods on nursing process are suggested to be adopted legally. Seventh, the prescription right entrusted to nurses which are prescribed by the School Health Act, the Special Act on Health and Medical Service for Rural Areas, and the Industrial Health and Safety Act are not consistent with the rights of nurses as prescribed by the Health and Medical Act. New regulations prescribing the partial right for medical treatment entrusted to nurses in consideration of the restraint of time and place in emergency situations should be established.

• Journal of Korea Trade
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• v.24 no.4
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• pp.49-70
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• 2020

Purpose - The UCP is recognized as the governing law for L/C transactions, but it covers only the general details of the transaction and does not cover all complex practices. In view of this limitation, this paper examines a negotiation transaction which is most actively utilized in L/C transactions via a thorough review of the UCP provisions, analyzes the problems of the negotiation clause in the UCP, and suggests appropriate countermeasures to deal with unnecessary litigation costs. By doing so, the parties involved in the negotiation transaction would be able to avoid financial costs such as having to pay for lawsuits. Design/methodology - The present study first differentiates the general types of L/Cs (e.g., sight payment L/C, deferred payment L/C, acceptance L/C, and negotiation L/C), explains and the Article 2 and Article 12(b) of the UCP 600 where the term 'negotiation' is used, digs into the drawbacks of 'negotiation' occurring under the UCP 600, and discusses solutions to the problems found by analyzing the drawbacks descriptively. Findings - After a review of the UCP provisions on negotiation in detail, several possible problems which may occur in practice were discovered. First, as the UCP stipulates, the negotiating bank will want to delay payment to the maximum extent possible and make payment on the banking day on which the issuing bank reimburses the amount. This may lead the beneficiary towards bankruptcy or put it in financial crisis. Second, when a fraudulent transaction occurs, the negotiating bank can neither request the issuing bank to reimburse nor can it exercise its recourse right against the beneficiary because it has obtained all the rights of the beneficiary by purchasing the documents. Third, there is a practice in which the beneficiary sells the documents to its transaction bank which is not the nominated bank if the nominated bank specified in the credit is located in a third country or the exporter has no relationship with the nominated bank in the credit. In this case, whether to accept this and reimburse the non-nominated negotiating bank entirely depends on the issuing bank's decision even though such practice frequently occurs in Korea. Originality/value - There has been little research effort pertaining to negotiation transactions in detail even though negotiation L/C transactions account for around 70% in world trade notwithstanding deferred payment L/Cs and acceptance L/Cs that are also negotiated in practice. Thus, if the negotiations clause under the UCP 600 provisions were reviewed and the drawbacks of the negotiation transactions most actively used in L/C transactions were identified and examined, specific countermeasures could ultimately help smoothen the operation of L/C transactions and prevent financial losses.

• The Journal of Art Theory & Practice
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• no.7
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• pp.37-64
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• 2009

The theories of Korean Public Art originated by the artists who were against dictatorship and they associated with democratic politicians. They criticized the Fine art that were supported by the dictatorship and gave their efforts for restoration of 'resistance paintings(against dictatorship)', 'proletarian painting', 'realism painting'. In addition, they participated new social ideology(democracy) movement and demonstrated for their rights in arts. These became the main kernel the public art theory was initiated. The public artists splitted into several different parts and participated in the democratic social movement as well as the art movement for freedom. They opened various art exhibitions within different genre, diverse space for various art section such as an exhibition hall, a factories, a university, or a congregation square. Furthermore, the public art theorists published their divergent views through newspaper/broadcasting or unauthorized printed materials. Most of the public artist and the theorists kept their relationship strongly until 1985, the time when 'National Arts Association' started. In 1983 and 1984, they were clearly separated into two parts; artists(move only in art museums) and activists(move in public spaces like school, convention square etc). Their ideological separation also took out national problems. The division; professional artists and armatures, became the social issue as a social stratification matter. And in creating method, there are also other conflicts; critical realism, and public realism as well as western painting and traditional one. These kinds of separation and conflicts made different Public artists associations, under divergent names; 'Reality and Speak'(R&S), 'KwangJu Art Association', 'Durung', 'Dang(Land)', and 'Local Youth Students Association'. In addition, their ideology and pursuit toward art movements were very difference. However, the differences and conflicts weakened When the oppression of democratic education from new dictatorship(Pres. Jun, Doo Hwan) came out. In August. 1985 the government opened to the public so called, 'The draft of School stabilization law'(Hankwon Anjung Bup) to control the teachers' rights and that initiated bigger street demonstration and conflicts between police and educators. In November.1985, assembly meeting of National Arts Association in democracy opened as 'ONE' combined organization. In this presentation, I'd like to summarize the stream of art movement until 1984, and clarify the main art theories that lead the Public Art Movements in 1980s. The main theories in 1980s are crucial because they become the origin of public art theories. This presentation started with O,youn's "Hyunsil Dong In the first declaration" and explained the absent of practice in 1970s. In addition, Won, Dong Suk 's theory was mentioned as all over struggles in theories before 1980s. GA and R&S 's founding declarations in 1970s were the start of public art theorists' activities and this article reported the activities after the declarations. First, realism base on the consciousness of reality. Second, practice art democratization based on the ideology. Third, the subject of public art movement based on understanding people's social stratification structure. Fourth, the matters of national forms and creative ways in arts based on showing reality. Fifth, the strong points in arts that the practitioners accepted. About the public art theories around 1984, I discussed the dividing point of public art theories that were shown in 'generation theory', 'organization theory', and 'popularization theory' by the practitioners. The public realism theory that subjects the contradiction of reality and point out the limits of critical realism not only showing the new creative ways but also giving the feeling of solidarity to the public art activist groups. After that, public art movements expressed 'Dismentlement of Capitalism' and 'Public revolution'. In addition, the direction of public art movements were established strongly. There were various opinions and views during the start and formation of the public art theories. The foundation of theorists activities derived from the practitioners who had the concept based on stratification and nationalism. The strong trend of group division spreaded out by practitioners who opened art work together in factories, universities, squares and rural areas. Now many lively active practitioners are gone to the other field not related with arts, and others join into professional art field not public art one with unknown reason. The theorists have the same situation with the practitioners. It means to me that theory always have to be based on the practice.