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Improvement of Legal System for Applying Advanced Science and Technology to Healthcare Field
동국대학교 비교법문화연구원 DONGGUK LAW REVIEW Volume 10 2017.12 pp.3-32
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7,000원
The massive flow called the Fourth Industrial Revolution is approaching the present age. This is due to the breakthrough of science and technology, a new era is completely different from the previous one. The Fourth Industrial Revolution is defined as the concept of Technology and Value-Chain, including Cyber-Physics Systems and Internet Services, which are integrated with current automation manufacturing systems and cyber space. It recognizes and replaces the role of human beings as the machine learns and innovates through the fusion of technologies, creating new forms of business in diverse fields. It is said that the boundaries of industry disappear, the concentration of wealth deepens, and people and things coexist together. The healthcare sector is most affected by the flow of the Fourth Industrial Revolution. The current paradigm should be changed with the utilization of advanced science and technology and the fusion of technology, which are related to existing traditional healthcare, such as medical hospital, medical institutions, medical device manufacturing, and health management systems. Changes that are strictly governed by laws and regulations are inevitable. Existing simple jobs will be reduced and professional new jobs will be created. As Korea's income level has increased, interest in enjoying a healthy life has increased. Also, as the elderly population rapidly increased, interest in the treatment of chronic diseases increased. As the medical environment changes rapidly, the medical service needs to be transformed. It is more likely that medical services that incorporate advanced science and technology will be more reliable, and telemedicine will become commonplace rather than visiting the hospital directly. Although telemedicine is a useful method, there is still a shortage of security and legal considerations regarding the use of personal medical information and biometric information. Medical care using advanced medical devices provides convenient and easy access to medical care in vulnerable areas such as remote areas and it also provides convenient and easy access to medical care in vulnerable class such as the elderly and the disabled. It is necessary to establish social safety net in healthcare field and it is expected to contribute greatly to national industrial development. In order to meet the expectations of the country and to be ahead of the times, it is necessary to create a new legal framework for new high-tech industries beyond medical, pharmaceutical, and medical devices. n conclusion, we have examined the legal and institutional considerations that will enable the efficient use of advanced science and technology in the field of healthcare to reduce social costs by expanding new social welfare services and become a driving force for the development of national key industries.
Reform of Legal Management in the Field of "Intangible Cultural Assets"
동국대학교 비교법문화연구원 DONGGUK LAW REVIEW Volume 10 2017.12 pp.33-76
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9,100원
This research aims to improve the 1aw, institution and policy for the intangible cultural assets through analyzing various institution and their problems that are found in the designation and preservation process with legislative studies of japan and chines situation. The cultural property protection law in Korea was first promulgated, as Law No.961 in 1962. It stated purpose was to ensure the traditional forms of Korean culture would be preserved or revitalized. It is normally recognized as active action for the preservation. However, it is a very passive policy that only protects intangible cultural assets that were designated. Another feature of korean intangible cultural asset system is that rather than regard the designation of heritage items as its only goal, it also provides a system for continuing the transmission of items. This transmission system is highly refined and structured. Those who are designated as Living Human Treasures transmit to trainees the techniques of their art. In Korea's past, artists were looked upon with contempt rather than esteem. However, the cultural heritage system now gives these performers not only economic compensation but also greater prestige and individual self-respect. To solve many problems of the intangible cultural asset policy, the systematic legal studies of public-interest and cultural human right is needed. secondly, in the modern education system the intangible cultural assets must be transmitted form generation to generation. Thirdly, the mass-media has to play a more significant role to protect it. Finally, rather than given the same amount of financial support to each designated performer, it would be better to consider the financial needs of each type of art and customized the level of support provided.
Legal issues in residents voting system in activating the local autonomy
동국대학교 비교법문화연구원 DONGGUK LAW REVIEW Volume 10 2017.12 pp.77-92
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4,900원
In Korea, the residents' voting system had been adopted as a law in 2004, and had lots of discussions regarding the several unclear legal issues. After three 2005 residents’ voting cases under article 8 and one 2011 case under article 7 had incurred more discussions how to resolve those issues. From this research, I would like to provide several suggestions as follows. First, the residents’ voting object needs to be interpreted as wider, while the prohibition of the voting should be clearly articulated. Second, the discretionary power of the local government’s head should be wider. Third, voting rights needs to be wider to the permanent residents as the changed legislations according to the Constitutional Court’s decision. Fourth, the voting results needs to be open if it binds the policy decisions. However, if it does not bind policy decisions, it needs to be leave the right to decision to the local authority.
동국대학교 비교법문화연구원 DONGGUK LAW REVIEW Volume 10 2017.12 pp.93-126
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7,600원
Overcrowding of a correctional facility is not only a fundamental human rights aspect of the prisoner, but also causes correction accidents, such as battering of prisoners and prisoners of prisoners, deterring correction of prisoners and sound social return, and spreading them to social problems caused by rioting. It can be an important issue. Therefore, the constitutionality of the Constitutional Court over the decision to accept the oversight is a very good decision. Unfortunately, however, it does not provide a clear legal basis for illegal acts of acceptance, leaving behind a legal debate on unconstitutional overcrowding In order to be relieved of such unconstitutional acceptance, administrative lawsuits must be filed but the detained person or the defendant must not disclose his / It is practically difficult to file an administrative action against an acceptance act. Moreover, it is not easy to raise a constitutional complaint after it has been completed or after it has been released from the detention center. In fact, it is possible that the applicant who raised the constitutional complaint about the acceptance of overcrowding was a human rights activist. It would not be easy for ordinary people to raise a constitutional complaint in this regard. Since unconstitutional acceptance practices still in progress can not just be overlooked, it is necessary to establish clearer legal standards for judging such unconstitutional acceptance practices. The legislation for this is that, as in Article 146 of the German "Law on the Execution of the Act", the "Penal Execution Act" in principle stipulates the prohibition of acceptance of overcrowding in principle, However, if it is inevitable that an additional exceptional requirement is required depending on the acceptance and operation status of the present correction facility, it may be temporarily stipulated in the Enforcement Ordinance or the Enforcement Regulations. It is also possible that the regulations on the size and facilities of the correctional facilities are specified more specifically in Articles 143 to 145 of the German "Act on the Law of Operation", and that details are delegated to the Enforcement Ordinance or Enforcement Rules. In addition, the minimum accommodation space per person in the correctional facilities is 2.58 per person in the hatching room and 4.62m2 in the singing room. However, the standards proposed by the Torture Prevention Committee, which is a specialized agency of the European Council, It is necessary to adjust it up to the minimum standard (4m² for the living room) or the minimum standard for the international cross (5.40m² for the living room (including the toilet) and 3.40m² for the living room (including the toilet)).
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