• Title/Summary/Keyword: obligation

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The Instruction Explanation Obligation - Focusing on Cases - (지도설명의무 - 판례 경향을 중심으로 -)

  • Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.143-172
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    • 2013
  • In order to achieve the purpose of treatment for patients by a doctor, the instruction explanation obligation, which means that he should give patients the description in more details to prepare for postoperative sequelae or complications, is common with the advice explanation obligation as a doctor should ex-plain some information to patients. Since the advice explanation obligation is the benefit and protection of the law for self determination right, but the instruction explanation obligation is one for the integrity of body and life, one can be distinct from the other. Judgments giving the instruction on the concept of instruction explanation obligation, specific methods of implementation and a range of compensation for damage are recently being made by courts at all levels including the Supreme Court. It is the time to systematize them. The contents which have been mainly discussed so far include the essence of above mentioned instruction explanation obligation. However, when the tendency of practice is considered, the efforts are required to admit the organic relevance between instruction explanation obligation and advice explanation obligation and to explain the relationship without any contradiction. For whereabouts of li-ability of proof, patients theoretically demonstrate the failure to implement it. However, when the theoretical consistency is maintained, it is likely to fail the intent to recognize the instruction explanation obligation and it may ask patients to prove something impossible to be proven. Thus, these things should be considered. Moreover, as the instruction explanation obligation is associated with medicine instruction obligation of a pharmacist and the coverage is being extended, it is the time to require the systematic study on the theoretical limit.

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The Effects of Employers' Breach of Safety Obligation and Violation of Psychological Contract on the Workers' Safety Behaviors and Turnover Intention (고용주의 안전 의무 불이행과 심리적 계약 위반이 근로자의 안전행동과 이직의도에 미치는 효과)

  • Hwang, Kyongin;Moon, Kwangsu;Oh, Shezeen
    • Journal of the Korean Society of Safety
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    • v.30 no.3
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    • pp.85-92
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    • 2015
  • This study examined the effects of employers' breach of safety obligation and violation of psychological contract on the workers' safety behaviors and turnover intention. Especially, this study examined a mediating effect of violation of psychological contract on the relationship between employer's breach of safety obligation and workers' safety behavior and turnover. 198 workers were asked to respond to the questionnaires that measured various demographic variables, employers' breach of safety obligation, violation of psychological contract, safety behavior, turnover intention. A hierarchical regression was conducted to identify variables that had significant relationships between employers' breach of safety obligation and employees' safety behavior and turnover intention, and to examine the mediating effect of violation of psychological contract. Results indicated that the employers' breach of safety obligation significantly predicted both workers' safety behaviors and turnover intention. It was also found that the violation of psychological contract was a significant predictor for both workers' safety behavior and turnover intention. In addition, violation of psychological contract was found as mediating effect on the relationship between employers' breach of safety obligation and workers' safety behavior and turnover intention. Based on these results, the implications of this study and suggestions for future research were discussed.

A Study of Adult Attachment Security: romantic attachment, and attachment and filial obligation to parents (성인기 애착 안정성에 관한 연구 -이성 및 부모에 대한 애착과 부모 부양 의무감을 중심으로-)

  • Cho, Yoon-Joo
    • Korean Journal of Human Ecology
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    • v.18 no.1
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    • pp.75-92
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    • 2009
  • The purposes of this study are to investigate the relationship between university students' romantic and parent attachment in attachment security and to examine the relationship among romantic attachment, parent attachment and filial obligation for generational transition. Major results of this study are as follows: first, the level of attachment anxiety in female students is higher than male students. 25.1% of the subjects is classified into a secure type and 74.9% is classified as an insecure type. Second, female subjects feel strong attachment to their mothers than male subjects. Third, romantic attachment of female students is related to attachment to their fathers. Fourth, male subjects feel more filial obligation than female subjects. Finally, their romantic and parent attachment are positively related to their filial obligation. Variables that explain male students' filial obligation are ones of 'giving economic aid to parent' and 'the extent of attachment to their fathers'. A variable accounting for female students' filial obligation is 'the extent of attachment to their mothers'.

Review of the Theory of Natural Obligations (자연채무에 대한 재검토)

  • Park, Jong Ryeol
    • Journal of Digital Convergence
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    • v.12 no.5
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    • pp.79-87
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    • 2014
  • In general, at the relationship between claim and obligation if debtor does not fulfill its obligations arbitrarily the creditor can claim to debtor such as lawsuit. It means, despite the debtor ordered payment through the judgment, if debtor disobey that judgment, compulsory execution can be performed by the force of the country. In the end, fulfillment of obligation is enforced by national authorities in principle. However, exceptionally, even it established as a valid debt, if debtors fulfill themselves, they may not be protected from the national authorities. That is the natural obligation. The natural obligation originated from the Roman law which enforces strict type legal system and it is exceptional phenomenon in modern civil law which is made up as that all the bonds are likely to recourse. Therefore, in Korean theory acknowledge that debt is natural obligation and there is no exception. However, there are still controversy about the presence and occurrence of natural obligation. So, in this paper, want to review about its extent and effect including the concept of natural obligation.

The Analysis of Public Service Obligation in Railroad Industry (철도산업의 공공서비스적 성격에 관한 고찰)

  • 권용장;한성호;김현웅
    • Proceedings of the KSR Conference
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    • 1999.11a
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    • pp.35-45
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    • 1999
  • This Paper presents a concert of Public Service Obligation related with validity, suitability and rationality. As we know, The Public Service Obligation of KNR is a largest factor of loss in the Railroad Industry. In the future, PSO concept and Calculating methods have to be changed for providing rational Public service based on the various focus.

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The Study of Online Piracy Protection -Focusing on Punishment and Moral Obligation- (인터넷 저작권 침해 보호에 관한 연구 -저작권 침해에 대한 처벌 및 윤리의식을 중심으로-)

  • Park, Joo Yeon
    • Journal of Digital Convergence
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    • v.11 no.1
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    • pp.145-151
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    • 2013
  • As the Internet is widely used worldwide, digital asset on the internet becomes to be critical to protect from illegal copying and piracy which is an unlawful action that download or upload copyrighted materials from the Internet without having a right to use them from the copyright owners. Such an illegal and unethical behavior are pervading and becoming a big concern in many industries and business sectors over the world. This study examines the effect of the user's perception for piracy regulation and moral obligation on online piracy intention. Therefore, the purpose of this study is to see the different effect of regulation and moral obligation on piracy attitude and intention so as to suggest an effective method of piracy protection and to bring an attention on moral and ethical education for online piracy. The result of this study showed both punishment and moral obligation toward online piracy are significantly associated with users' attitude on piracy, indicating that higher level of punishment severity as well as moral obligation lead to decrease piracy attitude. This research also revealed that the level of users' moral obligation has a stronger relationship with piracy attitude than punishment.

A Study on Noise Marking Obligation System for Construction Equipments in Europe (유럽의 건설기계 소음표시의무 제도)

  • Park, Sang-Kyu;Park, In-Sun
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2005.05a
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    • pp.104-108
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    • 2005
  • With the improvement of living quality, people's desire for quiet living environment keeps increasing. In particular, complaints about the noise emission by constrcution equipments around residential areas take most part of the noise related complaints. In this study, based on the European Directive/20n/14/EC, noise marking obligation system for the high noise construction equipment of Europe has been reviewed to implement the similar system in Korea.

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A Study on Patient'S Obligation in Medical Cooperation and Doctor'S Medical Malpractice (환자의 진료협력의무와 의사의 의료과실)

  • Baek, Kyoung-Hee
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.91-123
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    • 2012
  • Doctors and patients for the purpose of healing and treatment of disease through the contract will make a relationship. Doctors perform the medical practice for the state and illness of patient. Given that the patient did not cooperate in the doctor's medical practice, it is difficult to achieve the goal of disease healing. If the patient don't cooperate the medical care, and it is linked with a doctor's medical malpractice, patient's violation of obligation in medical cooperation is considered with negligence on the part of patients. However, this negligence should be limited to obvious cases that the patient's behavior is unreasonable although the doctor provides medical information to patients and induced the patient's response. Also, patient's violation of obligation in medical cooperation must result in adjusting the indemnification via a setoff of fault except the cases having causal relationship between doctor's fault and malpractice.

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A study on the problems about the obligation to notify in marine cargo insurance (해상적하보험에서 통지의무의 문제점에 관한 고찰)

  • Kim, Hee-Kil
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.211-235
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    • 2010
  • According to the commercial law in Korea, a marine cargo insurance contractor (policyholder, insured person, agent) has the duty to disclose risks before establishing an insurance contract and the obligation to notify changes in risks after before establishing the contract. Marine cargo insurance policy clauses include one about the obligation to notify changes in risks. This clause assumes that an insurance contract should be implemented according to what has been answered to the important questions asked by the insurer in connection with the insurant's duty to disclose before establishing an insurance contract, and it stipulates that, if any change in what has been disclosed should be notified to the insurer since it is regarded as a change in risks. Neglecting the obligation to notify may lead to the termination of the appropriate insurance contract by the insurer. The problems here concern the clauses about changes in risks and about the obligation to notify. The problems are like these. Can it be that the circumstances which might be seen in the past as changes in risks according to the territorial sea laws and institute cargo clauses stipulated long ago are considered as such still today? And a marine cargo insurance policy till valid when changes in risks have not been properly notified by the original discloser of risks to the insured who currently holds the marine cargo insurance policy, which, unlike other insurance policies, is a marketable security? In Korea, the commercial law has a clause the obligation to notify changes in risks established based on the territorial sea laws and institute cargo clauses. In this regard, this study aims to consider if the clause still valid today or not and, if not, to propose alternatives to the clauses.

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Awareness of child abuse and reporting obligations attitude of paramedic students (응급구조(학)과 학생들의 아동학대에 대한 인식과 신고의무태도)

  • Hyeonjeong Park;Hyeseong Wang;Seohyun Yoon;Hyojoo Lee;Keun-Ja Cho
    • The Korean Journal of Emergency Medical Services
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    • v.27 no.3
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    • pp.85-99
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    • 2023
  • Purpose: We aimed to identify the awareness and reporting obligation attitude toward child abuse among paramedic students who will become paramedics in the future and play an important role as those with an obligation to report child abuse. Methods: Data were collected from the paramedic students after consent to this study through online. The period of data collection was from July 10 to August 2, 2023 and 142 questionnaires were analyzed using SPSS 27.0 program. Results: 79.6% of the subjects knew who was required to report child abuse, but only 46.5% knew the reporting agency, and 30.3% knew the reporting procedure. Additionally, 83.8% were willing to report child abuse when discovered. Awareness of child abuse was 4.58±0.29 points out of 5. The reporting obligation attitude toward child abuse was 3.53±0.74 out of 5. Awareness of child abuse was determined by whether one was required to report child abuse (p<.05), whether one was aware of the reporting procedure (p<.05), and whether one was willing to report child abuse (p<.05), there appeared to be a significant difference. Attitude toward reporting obligation regarding child abuse was determined by gender (p<.05), whether one was aware of the obligation to report child abuse (p<.05), and willingness to report upon discovery of child abuse (p<.01), it was found that there was a significant difference. Conclusion: It is necessary to develop realistic educational content that can be linked to suspected abuse sites in hospitals and out of hospitals so that students who will become paramedics in the future can play an active role as mandatory reporters of child abuse.