• 제목/요약/키워드: obligation

검색결과 653건 처리시간 0.032초

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

  • 이정선
    • 의료법학
    • /
    • 제14권2호
    • /
    • pp.143-172
    • /
    • 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.

  • PDF

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

  • 황경인;문광수;오세진
    • 한국안전학회지
    • /
    • 제30권3호
    • /
    • pp.85-92
    • /
    • 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.

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

  • 조윤주
    • 한국생활과학회지
    • /
    • 제18권1호
    • /
    • pp.75-92
    • /
    • 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'.

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

  • 박종렬
    • 디지털융복합연구
    • /
    • 제12권5호
    • /
    • pp.79-87
    • /
    • 2014
  • 일반적으로 채권채무관계에 있어서 채무자가 그 채무를 임의로 이행하지 않는 경우에는 채권자로 하여금 소송의 방법으로 채무자에게 재판상 청구를 할 수 있다. 즉 판결을 통하여 급부를 할 것을 명하였음에도 불구하고 채무자가 그 판결에 불응할 경우 국가의 힘에 의해 강제집행을 할 수 있다. 결국 채무의 이행은 원칙적으로 국가기관에 의해 강제되는 것이다. 그러나 예외적으로 채권으로서 유효하게 성립하였지만, 채무자가 스스로 이행을 하지 않는 경우 국가기관으로부터 보호를 받을 수 없는 경우가 있다. 자연채무가 그렇다. 이 자연채무는 로마법의 엄격한 형식주의적 소구법체계에서 유래하는 것으로서, 모든 채권이 원칙적으로 소구가능성이 있는 것으로 구성되는 근대민법에서의 예외적인 현상이다. 이에 우리나라의 학설은 예외 없이 자연채무라는 개념을 인정하고 있지만, 아직도 자연채무가 어떤 것이고, 어떻게 발생하느냐에 관하여 학자들의 다툼이 있어 본 논문에서 자연채무 개념을 비롯한 효력과 범위에 관하여 재검토를 하고자 한다.

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

  • 권용장;한성호;김현웅
    • 한국철도학회:학술대회논문집
    • /
    • 한국철도학회 1999년도 추계학술대회 논문집
    • /
    • pp.35-45
    • /
    • 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.

  • PDF

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

  • 박주연
    • 디지털융복합연구
    • /
    • 제11권1호
    • /
    • pp.145-151
    • /
    • 2013
  • 최근 인터넷의 사용이 일반화되면서 온라인상의 저작물을 무분별하게 다운받거나 재사용하는 사례가 증가하면서 온라인 저작물 침해에 대한 보호정책이 시급해졌다. 본 논문에서는 온라인 저작권 침해에 대한 보호책으로 강화되고 있는 법적규제 및 처벌과 저작물 침해에 대한 윤리의식 고취가 온라인 사용자의 행동과 의도에 어떠한 영향을 미치는지 실증연구를 통해 분석한다. 본 논문의 목적은 온라인 침해에 대한 합리적인 해결책을 제시하고, 온라인 침해와 올바른 사용에 대한 도덕적, 윤리적인 학습과 제도의 중요성을 부각시키고자 한다. 이 연구의 결과는 처벌과 윤리의식 모두 사용자의 저작권 침해행위에 영향을 미치며, 특히 사용자의 윤리의식이 저작물 침해행위에 더 큰 영향을 미치는 것으로 나타났다.

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

  • 박상규;박인선
    • 한국소음진동공학회:학술대회논문집
    • /
    • 한국소음진동공학회 2005년도 춘계학술대회논문집
    • /
    • pp.104-108
    • /
    • 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.

  • PDF

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

  • 백경희
    • 의료법학
    • /
    • 제13권1호
    • /
    • pp.91-123
    • /
    • 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.

  • PDF

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

  • 김희길
    • 무역상무연구
    • /
    • 제46권
    • /
    • pp.211-235
    • /
    • 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.

  • PDF

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

  • 박현정;왕혜성;윤서현;이효주;조근자
    • 한국응급구조학회지
    • /
    • 제27권3호
    • /
    • pp.85-99
    • /
    • 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.