• Title/Summary/Keyword: substantial law

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A Comparative Study on the origin and development of Welfare State in Korea and France (한국과 프랑스 제 3공화국의 사회정책과 국가)

  • Na, Byong Kyun
    • Korean Journal of Social Welfare Studies
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    • v.44 no.3
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    • pp.371-393
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    • 2013
  • The objective of this article is to compare the characteristics and the origin of Welfare State in Korea and France. This study also finds out the causes of underdevelopment of Welfare State in Korea. In the third Republic of France, the first Industrial Accident Compensation Law was legislated in 1898. The discussion of the project of Law commenced in 1880. The Parliamentary Debate on the legislation of the Law had continued for 18 years. The leaders of the debate was the group of progressive Republicans(Radicals) in the French Parliament. In Korea, it was also in the period of the third Repulic, the President and several members of the Supreme Committee of National Reconstruction (Guk-Ga-Jai-Gun-Choi-Go-Ho-Eui), the authoritative military government who enacted and developed the Social Insurance Law of Industrial Accident Compensation, the first Law of Welfare State in Korea. However, Korea and France show more differences than similarities in the terms of the origin of the Welfare State. The motivations and goals of social policies of the two countries were quite different at the beginning stage. In France, the progressive Republicans of Parliament made welfare state policies in order to maintain the politico-social hegemony and social peace by provision of economic supports to workers. In Korea, the group of military officers had begun the welfare legislation in order to win the general election and obtain political power in 1963. Comparison on the origins of the welfare states in the two countries shows similarities as well as differences in terms of the role of actors. In France, the state and the owners of big enterprises had agreed and played positive roles in the legislation of the welfare state policies. However, the owners of small companies, merchants and farmers had played negative roles. Like the French case, Korean government and owners of big enterprises had played positive roles. The state as a major actor of the legislation of the social insurance programs in the two countries are slightly different. In Korea, the owners of small companies had played negative roles in making of medical insurance programs in 1976. Comparison of the current state of two welfare states shows substantial differences in terms of the development of the welfare state. What is the reason for such differences? Why does Korean Welfare State underdevelop? Historically, the developmentalism as an major ideology of the third Republic of Korea has continually influenced the underdevelopment of the Welfare State. It implies that Koreans have to invent a new ideology of Welfare State which can replace the developmentalism and support the development of Welfare State in the future. Without such a new ideology, it is very difficult to develop an european style welfare state in Korea.

Issues and Effects in Developing Inquiry-Based Argumentation Task for Science Teachers: A Case of Charles' Law Experiment (탐구 실험을 활용한 과학교사 논변 과제 개발과정에서 드러난 쟁점 및 수정 효과: 기체에 대한 샤를의 법칙 실험 사례)

  • Baek, Jongho;Jeong, Dae Hong;Hwang, Seyoung
    • Journal of The Korean Association For Science Education
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    • v.34 no.2
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    • pp.79-92
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    • 2014
  • The purpose of this study is to develop an inquiry-based argumentation task for use in science teachers' professional development by providing them with the substantial experience of argumentation. To do so, the study has developed an argumentation task by utilizing the experiment on the Charles' Law of gas and revised by applying to eight teachers three times. We have revised the questions by analyzing three issues that have been revealed throughout this process in ways that facilitated teachers' argumentation. The effects of revision have been confirmed by the improvements in teachers' argumentation pattern. Three issues have been identified in developing argumentation tasks for science teachers' professional development and they are as follows: determining the openness of the structure of a question, achieving cognitive conflict and convergence of opinions at the same time, and ways of utilizing various evidence. As the task has been revised in ways that enabled scientific approach to the inquiry topic and facilitated the convergence of various opinions, the participants' argumentation patterns have improved both quantitatively and qualitatively. Meanwhile, the inclusion of an actual experiment has not influence their argumentation, while the observation of experimental data has been used as the core evidence according to the character of the problem. Based on the study's result, we suggest practical implications for developing argumentation tasks for science teachers in more varying contexts.

Analysis of Guidelines and Content of Visual Landscape Planning in Korea (국내 경관계획 관련지침 및 계획내용 분석)

  • Joo, Shin-Ha;Kim, Young-Hee
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.4
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    • pp.1-10
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    • 2011
  • The purpose of this study is to analyze the guidelines and content of visual landscape planning according to the Landscape Law and to suggest improvements for it. The landscape planning guidelines were analyzed and landscape planning reports were reviewed and compared. To analyze the landscape planning guidelines, we conducted an expert survey and derived the results through statistical methods, such as t-test and importance-performance analysis(IPA). Both landscape planning reports were selected from among metropolitan cities, medium-sized cities, and counties. We analyzed and compared the reports with the landscape planning guidelines. The results of this study are as follows. The stage of visual landscape resource survey progressed systematically, but it was not practical for actual planning because of the excessively detailed guidelines. On the other hand, a greater variety of methods and techniques should be suggested for the landscape structure analysis. At the schematic planning stage, establishing contents suitable for the local government's identity and related plans is necessary. In addition, more detailed guidelines should be included in the landscape planning guidelines. At the master planning stage, the planning qualities and contents differed from cities and counties, so more substantial and detailed guidelines are necessary for the scope and contents. We suggested that some additional items be included such as the synthesis of landscape resource surveys and the viewpoint plan.

Solubility Change of Gasoline Components Under Evaporation (휘발에 의한 가솔린 성분의 조성 및 용해도 변화특성)

  • 염익태;이상현;염혜정;안규홍
    • Journal of the Korean Society of Groundwater Environment
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    • v.5 no.1
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    • pp.37-43
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    • 1998
  • Batch experiments were conducted to study the dissolution behavior of gasoline components. First, the dissolution kinetics of gasoline components and the applicability of Raoult's law in predicting their solubilities were investigated. In addition, the effects of compositional change of gasoline due to evaporization on the solubilities of individual components and TPH were determined. The kinetics of gasoline-water man transfer was found to be very similar for most components except for MTBE, which is a major additive for commercial gasoline. At equilibrium, the gasoline-water partitioning coefficients of individual components showed a log-linear relationship with their pure solubilities, though the slope was a little less than that predicted by Raoult's law. The concentrations of the individual components in the gasolines concentrated by volatilization could be characterized by the initial increase followed by substantial decrease. Almost the same behavior was observed for their solubilities. The total solubility (TPH) of gasoline decreased rapidly with the initial volume reduction and gradually decreased afterwards. The solubilities of BTEX, the major regulatory compounds, decreased even faster than the TPH solubilities. It was concluded that the compositional change of gasoline by volatilization may greatly affect their leaching potential and the toxicity of the contacting groundwater. The toxicity reduction efficiency by evaporating gasoline could be much more than the mass removal efficiency.

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Deriving Priorities of Competences Required for Digital Forensic Experts using AHP (AHP 방법을 활용한 디지털포렌식 전문가 역량의 우선순위 도출)

  • Yun, Haejung;Lee, Seung Yong;Lee, Choong C.
    • The Journal of Society for e-Business Studies
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    • v.22 no.1
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    • pp.107-122
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    • 2017
  • Nowadays, digital forensic experts are not only computer experts who restore and find deleted files, but also general experts who posses various capabilities including knowledge about processes/laws, communication skills, and ethics. However, there have been few studies about qualifications or competencies required for digital forensic experts comparing with their importance. Therefore, in this study, AHP questionnaires were distributed to digital forensic experts and analyzed to derive priorities of competencies; the first-tier questions which consisted of knowledge, technology, and attitude, and the second-tier ones which have 20 items. Research findings showed that the most important competency was knowledge, followed by technology and attitude but no significant difference was found. Among 20 items of the second-tier competencies, the most important competency was "digital forensics equipment/tool program utilization skill" and it was followed by "data extraction and imaging skill from storage devices." Attitude such as "judgment," "morality," "communication skill," "concentration" were subsequently followed. The least critical one was "substantial law related to actual cases." Previous studies on training/education for digital forensics experts focused on law, IT knowledge, and usage of analytic tools while attitude-related competencies have not given proper attention. We hope this study can provide helpful implications to design curriculum and qualifying exam to foster digital forensic experts.

A Study on the Assistive Technology Service Operation System in Japan (일본의 보조기구 서비스 운영체계에 관한 연구 -장해자자립지원법(障害者自立支援法)에 따른 보조기구 서비스 운영 체계를 중심으로-)

  • Cho, Heung Seek;Kim, Jin Woo;Kim, Yong Deug;Seo, Dong Myung;Koh, Mi Seon;Kim, June Yung
    • 재활복지
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    • v.17 no.4
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    • pp.27-51
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    • 2013
  • The present study aims to examine the assistive technology service operation system[ATSOS] of the support system for independent living[SSIL] which was introduced after the enactment of the Law of Assisting the Independence for Persons with Disabilities[LAIPD] and to discuss its implications in the development of the assistive technology service delivery system[ATSDS] and the related measures for promoting the assistive technology industry in Korea. For this purpose, the literature review and the field study were employed. The research findings showed that the Japanese SSIL, which adopted the user payment system as measures to establish the sustainable ATSOS, arranged the consumer participation structure through substantial cooperation among related government departments. The result of this study indicates the need to secure the consumer's right to choose in a comprehensive utilization process of assistive technology services as for the establishment of the ATSDS in Korea. Furthermore, the arrangements for practical cooperative strategies among related government departments are encouraged.

Invasive Brain Stimulation and Legal Regulation: with a special focus on Deep Brain Stimulation (침습적 뇌자극기술과 법적 규제 - 뇌심부자극술(Deep Brain Stimulation)을 중심으로 -)

  • Choi, Min-Young
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.119-139
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    • 2022
  • Brain stimulation technology that administers electrical and magnetic stimulation to a brain has shown a significant level of possibility for treating a wide range of various neurological and psychiatric disorders. Depending on its nature, the technology is defined either as invasive or non-invasive, and deep brain stimulation (DBS) is one of the most well-known invasive brain stimulation technologies. Currently categorized as grade 4 medical device in accordance with Guideline On Medical Devices And Their Grades, a Notification of Ministry of Food and Drug Safety (MFDS), the DBS has been used as a stable treatment for several diseases. At the same time, the DBS technology has recently achieved substantial advancement, encouraging active discussions for its use from various perspectives. On the contrary, debates over legal regulation related to the use of DBS has relatively been smaller in numbers. In this context, this article aims to 1) introduce the DBS technology and its safety in setting out the tone; 2) touch upon major legal issues that would potentially rise from its use for four different purposes of treatment, clinical study, areas of non-standard treatment where no other methods are available, and enhancement; and finally 3) highlight disputes concerning common emerging issues observed in the aforementioned four purposes from the viewpoint of legal responsibility and liability of using the DBS, which are benefit-risk assessment, physicians' duty of information, patients' capacity to consent, control for device, and insurance coverage.

A Study on Consumer Arbitration System by Empirical Analysis on Redemption for Consumer′s Claim (소비자피해구제 실태분석을 통한 소비자중재제도 도입방안 연구)

  • 김석철
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.207-239
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    • 2002
  • The redemption system for consumer's claim is intended to deal with the conflicts between consumers and firms in their transaction of goods and service ensuring consumer's basic right. In general, the redemption system for consumer's claim requires promptness of redemption, free charge of claim procedure for consumers and constructive response of firms. However, the current redemption system in Korea has some limitations in its authority in the sense that it has only the right for mediation of consultation and agreement and thus the involved consumer should forfeit his/her claim or should go to legal suit which requires high cost and time when the mediation work is failed between two parties. As it is shown in result of survey on empirical cases produced by the Consumer Dispute Mediation Committee in Consumer Protection Board of Korea in 2001, the 20.3% of total claims have failed to reach final mediation, while the BBB case in the U. S. has recorded 19% of arbitration success after its failure in mediation. Therefore, it is strongly recommended for Korea to augment current. arbitration system toward assuring firm's cost liability, the principle of quick procedure through agreement on arbitration upon consumer's request. It is thus prerequisite for firms to be armed with the concrete entrepreneurship of responsibility on cost liability. In conclusion, we suggest restructuring of currently existing institution, rather than establishing new one through substantial augmenting the role of Consumer Dispute Mediation Committee In Consumer Protection Board of Korea and enlarging its business criteria of The Korean Commercial Arbitration Board by progressive development of the consumer protection program through amendment of current law for consumer protection.

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A Study on the Bank's Breach of Contract to keep the Business Secrecy in Transferable Credit Transactions - with a Special Emphasis on the English Case Law, Jackson v. Royal Bank of Scotland - (양도가능신용장거래에서 은행의 영업상 비밀 유지의무위반에 관한 연구 - Jackson v. Royal Bank of Scotland 사건에 대한 영국법원의 판결을 중심으로)

  • Hahn, Jae-Phil
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.277-314
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    • 2006
  • This article aims at analysing the reality of banks' liability resulting from the breach of contract on its part to keep the business secrecy with the supplier in the transferable credit, focusing on a English decision, Jackson v. Royal Bank of Scotland [2005] UKHL 3. In this case, the applicant, 'Econ', had purchased various varieties of pre-packed dog chews in bulk through 'Sam'(lst beneficiary) from 'PPLtd'(2nd beneficiary) in Thailand, using a transferable letter of credit issued by 'RBank'. 'Sam' charged a tremendous amount of mark-up on each transaction and it had not been disclosed to 'Econ', although the identity of 'PPLtd' was revealed to 'Econ' by various documents. However, 'RBank' made an unfortunate error to send an completion statement and other documents including 'PPLtd.'s invoice to 'Econ' instead of to 'Sam'. The effect of the Bank's error was to reveal to 'Econ' the substantial profit that 'Sam' was making on these transactions. CEO of 'Econ' was furious and, as a result, decided to cut 'Sam' out of its importing system and terminated their relationship. 'Sam' sued 'RBank' for damages to recover the loss of profits which could have been possibly made, if the information on the mark-up would not have been exposed to 'Econ'. The House of Lord held that 'RBank' was in breach of its duty of confidence, so 'Sam' was entitled to recover damages on a decreasing scale over 4 years, since there was no specific undertaking from the letter of credit.

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A study on values of police officer (경찰공무원의 가치관에 대한 연구)

  • Han, Sang-Am;Jeong, Duke-Young
    • Proceedings of the Korea Contents Association Conference
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    • 2006.11a
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    • pp.447-452
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    • 2006
  • Through contemporary researches on policing, individual employees in law enforcement agencies has gained more and more attention from researchers and police organization managers. Unfortunately an important but largely ignored area of current research on individual police officers concerns the value orientations obtaining among Korean police officers. And during last five decades or so, no research has been done on this issue. Studying individual value orientations is important because a substantial body of research indicates that particular patterns of value orientation predict world views and hence can in turn predict behavior at the workplace and behavioral predispositions on salient social issues. Therefore in this research, the researcher intended to answer these issues. (1) What are the characteristics of value orientations among Korean police officers. (2) Is there any relationships between the specific groups and the value orientations among them.

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