• Journal of Korean Library and Information Science Society
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• v.35 no.4
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• pp.41-63
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• 2004

This study is an analysis of the prisoners' and the pre-trial prisoners' rights based on the laws and rules, and court cases. Rights included are the right to know and the access to information, the right to legal representation and the right of education, all of them can be protected when the prison libraries are administered In order to protect the prisoners' and pre-trial prisoners' rights, the necessity for the establishment of prison library is discussed and the direction of prison library system is suggested.

• The Korean Society of Law and Medicine
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• v.4 no.1
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• pp.255-294
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• 2003

This paper is relating to the debates upon the physicians' duty to issue the prescription documents to their patients. The duty should be approached in light of the patients' right to know about the prescription and pharmacy. The Korean Constitution is construed to protect the citizens' right to know as a fundamental right. The Constitution article 10 reads as follows: "All citizens shall be assured of human dignity and worth and have the right to pursue happiness. It is the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals." The rights confirmed and guarantee by this article include the patients' right to know about what happens to their body, that is the treatments taken for them and so on. One of the treatments is the prescription and pharmacy. The information is necessary for them to establish their action for the damages in case of their harm resulted in by the negligence in prescription and pharmacy. Now that the prescription is written about by a physician and then the pharmacists compound the prescribed medicines, the patients need to get the documents signed by the pharmacists about the pharmacy. It should be noted that the patients right to know is the right to know and remember. Therefore the patients, who are laymen about the pharmacy, need two prescription documents one of which should be kept by them even after they take the prescribed and compounded medicines for the potential trial.

• Journal of the Korean Institute of Navigation
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• v.16 no.2
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• pp.29-39
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• 1992

According to newly revised Korean Commercial Law, 1991, several amendments on the maritime liens as a special legislative rights duly performed so as to make an equity with mortgates of the ship. Consequently, it is also noteworthy that claimants of the maritime lien should know how to secure their legal rights on the ship. Such a legal practice is performing in accordance with the doctrine and principles of the law of forciable excution without court order. This paper, therefore, intends to study specific legal practice for exercising legal rights on the ship by due process of law.

• Journal of Radiation Protection and Research
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• v.41 no.1
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• pp.15-29
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• 2016

Research background: Despite the visible growth in radiation usage and nuclear power development, the analysis of their relationship with fundamental rights, a subject of public concern regarding issues including the right to health, environmental rights, safety rights, the right to know, the right to development, and the right to life, is currently non-existent. Methods: By examining various fundamental rights in the context of positive laws regarding radiation and nuclear power in an idealistic perspective that guarantees the maximum degree of rights, this paper aims to propose legislative supplements that will lead to improvements in quality of life. Result and discussion: In the South Korean Constitution, radiation and nuclear power is a subject incorporating several rights, including at least 12 clauses that are directly related to fundamental rights; these constitutional rights are manifested in the various clauses of the 14 positive laws regarding radiation and nuclear power. The question on the relative importance of each fundamental right as reflected in these positive laws- whether the right to life should be prioritized or considered equal in weight to the right to health, environmental rights, the right to know, and safety rights- requires careful deliberation and is difficult to humanly resolve in the short term. Conclusion: Making policy that expands the usage of radiation and nuclear power while simultaneously preventing their associated risks is an important task for the Republic of Korea, and a proper value judgment is necessary to find a balance in its associated rights.

• Korean Journal of Social Welfare
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• v.55
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• pp.5-25
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• 2003

This study analysed the components and characters of welfare rights through discussions of the concepts and types of universal rights, and discussions of human rights and citizenship rights. Welfare rights is claims rights which requires somewhat, and it is positive rights. And it is generally passive rights, but it contains collective participation rights which is active rights. The result of total discussions of rights, human rights, and citizenship rights led us to know the components and characters of welfare rights. Welfare rights contains social rights, economic rights, and cultural environmental rights. Social rights are composed of the right of social security, social welfare service, health, education, and residency. Economic rights are composed of the right of labor, intervension of labor market, job security, and capital control. cultural environmental rights are composed of the right of culture and environment. And welfare rights has several characters. First, it is natural rights which is bestowed on the citizens or people in modern civil societies. it is samely characterised as liberties and political rights. second, it has the same values like other rights such as lberties and political rights. Or it is more important, because it is necessary for other rights. Third, it is not the objective being which is constant, but it is changed, formed and constructed as total rights with human rights and citizenship rights. Fourth, it is truely rights, but is simultaniously accompanied by obligations. But the obligations is unconditional like as other rights. Endly, levels of welfare on the welfare rights must be modicum rather than minimum. The meaning of modicum level is uncertain, but it aims to the entire participation of peoples as citizen and social integration. And it has to aim to the prevention of heridity and continuity of inequality.

• Journal of Korean Society of Archives and Records Management
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• v.14 no.4
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• pp.37-62
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• 2014

This study aims to discuss the paradigm shift of the right to know and to analyze the government 3.0 policies of the Park Gun-Hae's administration. The study analyzes the preceding researches on the rights to know and freedom of information. It also defines the concept of the right to know in both broad and narrow senses. Furthermore, the history of people's right to know is analyzed and divided into three different stages. Then, the outcomes and limitations of government 3.0 during Park Gun-Hae's administration are explored. As a result, the study discusses the dangers and the future tasks of government 3.0 in terms of quality, gathering, and security of public information.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.39-64
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• 2014

The object of International License Contract is technology. Technology is means to produce visible goods, which are human's intellectual creations such as Intellectual Property Right - patent, design, trademark- and Know-how. Unlike visible goods which decrease as being used, these technologies are possible to be produced expansively and develop additionally. Therefore, the way to make a contract of goods is a sales contract which transfers ownership while technology follows license contract which gives approval of use for a certain period. International license contract means that licensor has right to possess, allows licensee to use licensed technology for a fixed period and takes royalty. So there are various matters such as selection of the duration of a contract, confirmation of technology range, competition limitation, technique guidance and support, calculation of royalty, withholding tax between parties. This study examines licensor's grant of license and competition limitation. Intellectual property rights fundamentally give exclusive rights to the creator so the licensor use or dispose of his or her intellectual property rights at will. Technology transfer is possible through license contract because of this right. But licensor must exercise his or her intellectual property rights within a reasonable limit. It means, when licensor makes an unreasonable demand abusing his or her position, it is regarded as competition limitation clause and the deal itself may become null. Therefore, restraint on competition needs to be examined in detail as it influences on contract validity. Each country has their own competition laws for establishing a fair market order and inspection guide and guideline for judging whether there is any unfair act related to intellectual property rights. Judgment on intellectual property rights is subject the technology-introduced country's domestic laws and thus, contracting parties each need to precede opposite nation's domestic laws system.

• Journal of the Ergonomics Society of Korea
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• v.34 no.5
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• pp.473-485
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• 2015

Objective: This study provides strategies of how to effectively convert an invention, created at universities or government-funded research institutes, into a strong patent with the clear understanding of its unique technological characteristics. Background: Regardless of the amount of research funds available in our country and the decent number of intellectual property rights created using the funds, there was a deficit of more than KRW 6 trillion in the technology trade balance related with intellectual property rights in the year of 2014. One of the reasons was that the vast number of patents that were being produced by universities or by government-funded research institutes were merely performance-based patents, namely, so called "patents for patents". Another reason is that developed technology from research and development could not be transformed into a strong patent right properly due to the lack of related knowledge. Method: After reviewing various references mentioned on the patent strategies, the definition of a strong patent and the strategies of producing a strong patent for an invention drawn out from research performance will be supplied. Results: To produce a strong patent right at universities or government funded research institutes, one should use strategies for strong specifications, strategies of product patents and method patents, strategies of patent portfolios, strategies of know-how, strategies of inventions defined by numerical limitation and strategies of parameter inventions for a more strategic approach. Conclusion: Strong patent rights will be produced with the use of effective patent strategies provided in this study. Application: It is estimated that the results of this study will aid the establishment of strong patents for inventions developed by research performance at universities or government-funded research institutions.

• Health Policy and Management
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• v.22 no.3
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• pp.315-346
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• 2012

The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

• The Korean Journal of Emergency Medical Services
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• v.21 no.1
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• pp.7-15
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• 2017

Purpose: The purpose of our study was to introduce an oath and ethics code for emergency medical technicians (EMTs). Methods: The proposed oath and ethics code for the EMTs was evaluated using a modified Delphi technique. This oath and ethics code was presented at Korean association of emergency medical technician conference and was revised by experts in emergency medical services. Results: We examined the ethics codes for other allied healthcare professionals regarding the topics of human rights, health promotion, acting as an advocate, ethics, cooperation, observance, human rights, right to know, self-determination, confidentiality, and professionalism. These elements are reflected in our proposed oath and ethics code for EMTs. Conclusion: The proposed oath and ethics code would raise the professional status of EMTs.