• Title/Summary/Keyword: 배상

Search Result 1,937, Processing Time 0.031 seconds

건설산업경쟁력 강화와 부실방지대책(안)

  • 한국주택협회
    • 주택과사람들
    • /
    • no.54 s.71
    • /
    • pp.185-206
    • /
    • 1996
  • 1.건설제도의 국제화와 경쟁기반 구축 $\bullet$건설산업을 기획$\cdot$설계$\cdot$시공$\cdot$감리$\cdot$사후관리 등 전 분야에 걸쳐 경쟁력 있는 산업으로 육성-기획$\cdot$설계$\cdot$시공$\cdot$감리$\cdot$유지관리 등 건설산업 전반에 관한 기본사항을 법제화-대규모 공사의 경우 발주자를 대신하여 건설공사의 기획$\cdot$설계$\cdot$발주$\cdot$감리$\cdot$시공관리 등 업무의 전부 또는 일부를 종합적으로 조정$\cdot$관리하는 $\lceil$건설사업관리$\rfloor$제도를 도입 $bullet$건설공사 $\lceil$현장실명제$\rfloor$도입을 통한 하도급제도의 정비-전문건설업자로부터 하도급, 위탁, 고용 등의 형태로 공사에 참여하는 현장근로자를 신고 받아 권익을 보호하고 시공책임도 부과하는 $\lceil$현장실명제$\rfloor$도입 $\bullet$공사완성보증제, 손해배상보증제도를 도입하고, 신용상태 $\cdot$시공능력에 따라 보증 요율 등을 차등화 하여 부실업체를 배제 $\bullet$건설공사관련 각종 계약서와 시방서 등 제기준을 정비하여 발주자$\cdot$시공자 등 건설주체간의 역할과 책임을 명확화$\bullet$건설분쟁을 신속하고 객관적으로 조정$\cdot$중재하기 위하여 $\lceil$건설분쟁중재원$\rfloor$으로 확대 개편 2. 건설인력의 육성과 고용안정$\bullet$경쟁력 제고의 관건인 우수인력 확보를 위하여 대학교육 제도의 개선을 포함한 건설 인력 수급대책을 추진 - 대학의 건설관련 학과 정원을 2000년까지 매년 일정규모로 증원하여 고급기술 인력을 배출 현재 50$\%$에 불과한 건설관련 국가기술자격자를 2000년에 70$\%$까지 제고 - 감리 등 전문인력을 양성하고, 선진외국 감리 회사를 활용하여 국내 업계와의 경쟁을 유도 $\bullet$건설현장의 최일선에서 품질을 담당하고 있는 건설기능공의 고용안정과 복지향상을 위한 획기적인 대책을 마련 - 건설기능공의 자긍심과 사회적 책임의식을 고취하기 위해 기능공이 여러 현장을 전전하여 근무하더라도 경력관리, 공제금 등의 합산 관리가 가능하도록 $\lceil$건설 근로자 복지카드$\rfloor$제도를 도입 *$\lceil$건실시연구단$\rfloor$을 구성$\cdot$구체적인 운영방안을 수립 - 건설 업체 실정에 맞는 현장위주의 기능검정제도 도입 $\cdot$자격증이 현장에서 요구되는 기능수준과 숙련도를 제대로 반영할 수 있도록 검정방법을 현장 실기위주로 개선하고 자격검정업무도 건설협회 등의 자격 검정능력을 향상시켜 위탁$\cdot$시행하는 방안을 검토 3. 공사시행기관의 전문성과 책임성 제고 $\bullet$시장이 개방되어 건설공사가 국제적인 관행에 따라 이루어질 것에 대비하여 시행기관에 계약$\cdot$공사관리 등 전문직공무원을 집중 교육하여 양성 $\bullet$ 조달청이 대행하여 공사계약을 하는 경우라도 설계변경은 발주기관이 자체적으로 할 수 있도록 허용 $\bullet$ 기술직 공무원의 기술향상을 위하여 관련 공무원의 확충, 해외연수, 현장교육 강화 등을 지속적으로 추진 $\bullet$ 충분한 사전조사를 거쳐 사업계획을 수립하도록 $\lceil$건설공사 시행절차$\rfloor$를 규정 $\bullet$ 공사기간 3년 이상의 공사에 대하여는 최대한 계속비사업으로 편성토록 계속비제도의 운영을 활성화 4. 건설현장의 품질관리체제 구축 $\bullet$ 현장배쳐플랜트 설치를 확대하여 레미콘의 품질관리를 일원화하고 현장에서 레이콘을 배합하는 건식공법을 채택 - 현장레미콘생산시설(B/P)설치 확대로 콘크리트 하자에 대한 책임한계 일원화 유도 - 레미콘 재료인 골재$\cdot$시멘트$\cdot$물을 공장에서 혼합하여 공급하는 현행 습식배합 대신에 물만을 현장에서 혼합하는 건식 배합방식을 도입 $\bullet$철강재$\cdot$철구조물의 품질을 보증하기 위하여 일정기술을 갖춘 공장에서만 제작토록 하는$\lceil$공장인증제$\rfloor$를 도입 - 제작시설과 품질관리 등을 심사하여 제작공장을 등급화하고 등급에 따라 철강재 등의 제작업무 범위를 차등화 $\bullet$시설물에 대하여도 시공업체가 제작공장을 등급화하고 등급에 따라 철강재 등의 제작업무 범위를 차등화 $\bullet$시설물에 대하여도 시공업체가 사후관리를 일괄 책임질 수 있도록 $\lceil$시공 및 유지관리 일괄계약제도$\rfloor$를 도입 - 대형교량$\cdot$소각로$\cdot$하수처리장 등 유지관리에 전문성이 요구되는 분야부터 시범적으로 도입 $\bullet$건설자재의 표준화$\cdot$정보화사업을 조속히 추진 5. 건설업체에 대한 지원 강화 $\bullet$일부 공공사업자의 경우 관행화되어 있는 대금일부의 어음 또는 채권지급방법을 단계적으로 축소 $\bullet$매월 감독이나 감리원의 기성확인에 의하여 시공자에게 공사대금을 직접 지급토록 하는 등 대금 지급절차를 간소화 6. 민간 건축물에 대한 안전확보 $\bullet$충실한 설계가 이루어지도록 제도를 개선 - 설계도서 작성기준을 제정하고 다중이용시설에 대하여는 건축심의단계에서 구조검토 등 설계심의를 의무화 $\bullet$대형다중이용시설에 대한 감리 강화 - 감리전문회사 수준의 감리체제로 전환하고 감리대가도 공공수준으로 인상하고 적용요율대로 지도$\cdot$감독 강화

  • PDF

Analysis of Growth Characteristics and Aboveground Carbon Storage for Zelkova serrata Artificial Forests in Gwangneung Experimental Forest (광릉시험림 내 느티나무(Zelkova serrata) 인공림의 생장특성 및 지상부 탄소저장량 분석)

  • Kim, Hyun-Seop;Bae, Sang-Won;Lee, Sang-Tae;Hwang, Jae-Hong
    • Journal of Korean Society of Forest Science
    • /
    • v.99 no.1
    • /
    • pp.144-152
    • /
    • 2010
  • This study was conducted to analyze the growth characteristics and aboveground carbon storage for old growth Zelkova serrata artificial forests (site1: age class IX, site2: age class VIII) in Gwangneung Experimental Forest. The trees were classified by crown classes for analyzing forest stand structure. The growth characteristics were analized through ringwidth increment by crown classes and stem analysis of dominant trees. There were a wide range of DBH (site1: 8~62 cm, site2: 14~40 cm) and height (site1: 8~26 m, site2: 12~26 m) distributions and revealed different growth characteristics by crown classes in both sites. The mean annual increment (MAI) of ringwidth for the last 5 years of dominant trees for site1 (3.3 mm) was higher than MAI of ringwidth of total growth period (2.3 mm) and MAI of ringwidth for the last 5 years of dominant trees for site2 (2.2 mm) was equal to MAI of ringwidth of total growth period (2.2 mm). Also, the growth increment of ringwidth by crown classes had significant differences between dominant tree and the others crown classes (p<0.01) in both sites. As a results of stem analysis of dominant trees in both sites, there were similar to their volume between site1 (1.106 $m^3$) and site2 (1.035 $m^3$). In spite of old age, the annual increment of volume has been increasing steadily until recent year. Meanwhile, total aboveground carbon storage of site1 (65.6 Mg C $ha^{-1}$) was higher than that of site2 (56.1 Mg C $ha^{-1}$). The proportion of dominant and co-dominant trees to total aboveground carbon storage was more than 90% and the greatest individual aboveground carbon storage by crown classes was dominant tree in all both sites. However, individual aboveground carbon storage of dominant tree in site1 had 0.054 Mg C $tree^{-1}$ more than site2 owing to the differences from average DBH of dominant trees by sites. We think that these results will contribute to the forest practice for Zelkova serrata artificial forests as a basic information.

Cardiac Intracoronary Stenting vs CABG: Prevention of Medical Accident (심장 스텐트 시술과 의료사고 예방)

  • Kim, Kyoung Reay;Park, Kook Yang
    • The Korean Society of Law and Medicine
    • /
    • v.18 no.2
    • /
    • pp.163-194
    • /
    • 2017
  • Coronary artery disease has increased in Korea as the country enters the aged society. It is well known that the incidence of coronary artery disease is related to aging, hypertension, diabetes, hyperlipidemia, and dietary habit. For effective treatment of significant coronary stenosis, close coordination between cardiac surgery and cardiology team is essential. Especially cardiologists' decision whether to do the stent placement or CABG is very important because the cardiologists usually start to consult the patients for their treatment. Recently, non-surgical interventions(that is stent placement) in cardiology field have dramatically increased as the national insurance system removed the limitation of the number of stents deployed. However, accidents are often caused by inappropriate use of stents, especially in patients with triple coronary disease or left main disease with heavy coronary calcifications. Another aspect of stent placement is to cope with an emergency case in the event of coronary rupture or pericardial tamponade during coronary interventions without cardiac surgeons. In the past two years, the Korea Consumer Agency (Consumer Dispute Coordination Committee) analyzed eight cases of medical dispute settlement. Only two hospitals were manned with both cardiologists and cardiac surgeons. Seven patients died of procedures of stenting and five patients died on the day of the procedure. Among the 8 cases, 5 cases showed 3 vessel disease and the rest of the cases had either severe calcification, complete occlusion or poor coronary antomies for stenting According to a 2017 national data registry of coronary stenting, less than 3 drug-eluting stents were implanted in 98% of all patients. In 2015, the number of stent procedures was 38,922, and approximately in 800 (2%) cases, more than four stents were used per patient. We emphasize that it is necessary to seriously consider the cost-benefit analysis between stent and CABG. The patient has the right to choose the right procedure by asking the liability of 'instruction explanation obligation'. He should be well informed of the pros and cons of both procedures to avoid overuse of stent. It can be solved by intimate discussion of individual cases with the cardiac surgeon and the patient. Unilateral dialogue with the patient, forceful restriction on the number of stenting, lack of surgeon's backup in difficult cases should all be avoided. It is also necessary to solve the problem not only at the hospital level, such as multidisciplinary integrated medical care, but also a nationwide solution such as expanding cardiac surgeons as essential personnel to public officials.

  • PDF

Review of 2014 Major Medical Decisions (2014년 주요 의료판결 분석)

  • Jeong, Hye Seung;Lee, Dong Pil;Yoo, Hyun Jung;Lee, Jung Sun
    • The Korean Society of Law and Medicine
    • /
    • v.16 no.1
    • /
    • pp.155-190
    • /
    • 2015
  • The court sentenced meaningful decisions related to the medical service in 2014. The court assumed the negligence of medical staff in the accident if being broken while using the medical equipment for not an original purpose at the time of surgery and ruled that the compensation for damage can be recognized in recognition of the causal relationship between the explanation duty violation and side effect's happening when unproven surgery on safety is implemented regarding the duty of explanation, that in the case of cosmetic surgery, the subject on the duty of explanation needs to be expanded compared to the general medical practice and that the duty of explanation cannot be accepted for the range that cannot be expectable. Also, the court has provided the requirement and limitation of self-determination exercise in case of the crash between patient's self-determination and doctor's duty of care and has ruled that as automobile insurance contract is a contract with the insurance company to pay regarding liability for car accidents, treating patients and taking the insurance money is not illegal activity even for the unlicensed hospital violating the medical law while established. The judgment stating the opinion that medical practitioners cannot be punished according to the medical law prohibiting the receiving of rebate in case that medical practitioners did not receive benefit while the medical institution itself gained an unfair economic benefit also stands out. And the court has ruled that even if the medical institution who received a business suspension is closed, the suspension is still effective in case that the same operator opens a new medical institution in the same place, ruled on the requirement to conduct a medical service outside of the medical institution that the doctor opened and ruled that the administrative penalty cannot be conducted prior to the conviction on charge of violating the medical law.

  • PDF

Review of 2016 Major Medical Decisions (2016년 주요 의료판결 분석)

  • Park, Tae Shin;Yoo, Hyun Jung;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun
    • The Korean Society of Law and Medicine
    • /
    • v.18 no.1
    • /
    • pp.297-341
    • /
    • 2017
  • We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

  • PDF

Evaluation of Attenuation Rate Error on Skin Dosimeter using Monte Carlo Simulation in Photon and Electron Beam Therapy (광자선 및 전자선 치료에서 피부선량계의 측정과 시뮬레이션을 이용한 감약률 오차 평가)

  • Han, Moo-Jae;Yang, Seung-Woo;Heo, Seung-Uk;Bae, Sang-Il;Moon, Young-Min;Park, Sung-Kwang;Kim, Jin-Young
    • Journal of the Korean Society of Radiology
    • /
    • v.14 no.6
    • /
    • pp.841-848
    • /
    • 2020
  • In the field of radiation therapy using photon beams and electron beams, since each patient has a different sensitivity to radiation, skin side effects may occur even at the same dose. Therefore, if there is a risk of excessive dose to the skin, a dosimeter is attached to verify whether the correct dose is being investigated. However, since the skin dosimeter checks the attachment site visually by measuring a point dose, it is difficult to confirm an accurate dose distribution. As a result, the measurement and simulation errors of the material HgI2 in the 6 MV photon beam were 3.73% and 5.24%, respectively, at the minimum thickness of 25 ㎛, and the material PbI2 was 4.73% and 5.65%, respectively. On the other hand, as a result of the 6 MeV electron beam, the measurement and simulation errors of the material HgI2 were 1.35% and 1.12%, respectively, at a minimum thickness of 25 ㎛, and the material PbI2 showed relatively low attenuation error, 1.67% and 1.20%, respectively. Therefore, it was evaluated that the thickness of the photon beam within 25 ㎛ and the electron beam within 100 ㎛ is suitable to have a reduction rate error within 5%. This study presents a new research direction for a flexible dosimeter attached to the human body that is required in clinical practice and the construction conditions of a future skin dosimeter.

Clinical Features of Dietary Protein Induced Proctocolitis (식이 단백 유발 직결장염의 임상적 고찰)

  • Im, Sun Ju;Kim, Seong Heon;Bae, Sang Nam;Park, Jae Hong
    • Pediatric Gastroenterology, Hepatology & Nutrition
    • /
    • v.8 no.2
    • /
    • pp.157-163
    • /
    • 2005
  • Purpose: Dietary protein induced proctocolitis (DPIPC) can be considered as a cause of rectal bleeding or blood streaked stool in otherwise healthy-looking infants in the first several months of life. Failure to appreciate this entity may lead to inappropriate diagnostic or therapeutic intervention. This study aimed to ascertain the clinical features, treatment and prognosis of DPIPC. Methods: We reviewed 13 infants retrospectively, presented with bloody stool in early infancy. They were diagnosed as DPIPC clinically in Pusan National University Hospital from May 2002 to June 2004. Results: Seven males and six females were included. The mean age at onset of bleeding was $96.8{\pm}58.8days$. The mean frequency of hematochezia was $2.6{\pm}2.5$ times a day. Duration from onset of symptom to diagnosis was $35.5{\pm}55.0days$ and duration from onset of symptom to resolution of bleeding was $58.7{\pm}67.0days$. Nine (69.2%) were exclusively breast-fed infants and two (15.4%) were formula-fed infants. All but one infant did not have family history of other allergic diseases. A dietary history of ingestion of cow's milk, nut or shellfish was present in three mothers. Peripheral eosinophil count was normal to slightly elevated (total WBC count $10,555{\pm}3,145/mm^3$, relative eosinophil count $6.3{\pm}3.0%$, absolute eosinophil count $659.0{\pm}532.2/mm^3$). Sigmoidoscopy revealed lymphonodular hyperplasia with surrounding hemorrhagic spots in the rectosigmoid colon in 6 infants. Histopathologic finding of colonic biopsies in 5 infants showed chronic inflammation with lymphoid follicular hyperplasia (5 infants), crypt abscess (3 infants), or mild infiltration of eosinophils (less than 20/high power field) in the lamina propria. Spontaneous resolution of rectal bleeding occurred in all infants without dietary change or medicine. Conclusion: Most infants with DPIPC experience a very benign course and have spontaneous resolution of rectal bleeding without changes in the mother's diet. In the case of strong evidence for DPIPC we suggest deferring further invasive investigation and continuing breast feeding.

  • PDF

Effects of CPG-oligodeoxynucleotides in Chronic Inflammation and Remodeling of Airway in a Murine Model of Bronchial Asthma (기관지천식의 마우스모델에서 CPG-oligodeoxynucleotides의 기도의 만성염증 및 기도재구성에 대한 영향)

  • Song, So Hyang;Kim, Chi Hong;Dong Hwa, Han;Kim, Seung Joon;Moon, Hwa Sik;Song, Jeong Sup;Park, Sung Hak
    • Tuberculosis and Respiratory Diseases
    • /
    • v.57 no.6
    • /
    • pp.543-552
    • /
    • 2004
  • Background : Airway remodeling of the asthmatic airway, the result of persistent inflammation in the bronchial wall, is associated with irreversible airway obstruction and the severity of asthma. Previous reports had represented that adminitering CpG-oligodeoxynucleotides (CpG-ODN) before sensitization or challenge by allergens inhibits the development of eosinophilic airway inflammation in a murine model of asthma, but the effects of CpG-ODNs on chronic inflammation and airway remodeling had not been characterized. To investigate the influence of CpG-ODNs on chronic inflammation and remodeling of the airway, we performed studies using a murine model of chronic allergen-induced asthma. Methods : Balb/C mice were sensitized to ovalbumin(OVA) and subsequently exposed to nebulized OVA by means of inhalation twice weekly for 7 weeks. CpG-ODNs($30{\mu}g$) was administered intraperitoneally at sensitization. After final inhalation, mice were evaluated for airway hyperresponsiveness, chronic airway inflammation and remodeling. Results : The mice exposed to chronic and recurrent airway challenge with OVA had persistent airway hyperresponsiveness, chronic inflammation and airway remodeling. Mice treated with CpG-ODNs exhibited decreased bronchial hyperresponsiveness, OVA-specific IgE, chronic inflammation and evidence of airway remodeling, including goblet cell hyperplasia and subepithelial fibrosis. Conclusion : CpG-ODNs was thought to prevent chronic inflammation and remodeling changes in a murine model of chronic asthma.

The Legal Response and Future Tasks regarding Oil-Spill Damage to Korea - Focusing on the Hebei Spirit oil-spill (한국의 해양유류오염피해에 대한 법적 대응과 과제 - HEBEI SPIRIT호 유류유출사고를 중심으로 -)

  • Han, Sang-Woon
    • Journal of Environmental Policy
    • /
    • v.7 no.3
    • /
    • pp.89-120
    • /
    • 2008
  • With petroleum being a major source of energy in Korea, the quantity of petroleum transported via ocean routes is on its way up due to increased consumption. Due to the increase, more than 300 cases of pollution caused by petroleum occur annually. Moreover, the number of oil-spill accidents is also on the rise. Causes of such accidents, not including the disposal of waste oil on purpose, turn out to be human error during navigation or defects in the vessels, showing that most accidents are caused by humans. Therefore, to prevent future oil spills, it is imperative that navigation efficiency be enhanced by improving the quality of navigators and replacing old vessels with newer ones. Nevertheless, such improvements cannot occur overnight, so long- and mid-term efforts should be made to achieve it institutionally. As large-scale oil-spill accidents can happen at anytime along the coastal waters of Korea, it is necessary to set-up institutional devices which go beyond the compensation limit of 92FC. The current special law regarding this issue has its limits in that it prescribes compensation be supplemented solely by national taxes. Therefore, the setting-up of a new 'national fund' is recommended for consideration rather than to subscribe to the '2003 Convention for the Supplementary Fund'. It is strongly suggested that a National fund be created from fees collected from oil companies based on the risks involved in oil transportation and according to the profiteers pay principle. In addition, a public fund should be created to handle general environmental damage, such as the large-scale destruction of the ecosystem, which is distinct from the economic damage that harms the local people. The posterior responses to the large-scale oil spill have always been unsatisfactory because of the symbolic nature of the disasters included in such accidents. Oil-spills can be prevented in advance, because they are caused by human beings. But once they occur, they inflict long-term damage to both human life and the natural ecosystem. Therefore, the best response to future oil-spills is to work to prevent them.

  • PDF

A Study on the infringement of privacy of unmanned aircraft : Focusing on the analysis of legislation and US policy (무인항공기의 사생활 침해에 대한 법적 대응 : 미국 정책.입법안 분석을 중심으로)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.29 no.2
    • /
    • pp.135-161
    • /
    • 2014
  • An unmanned aerial vehicle (UAV), commonly known as a drone and also referred to as an unpiloted aerial vehicle and a remotely piloted aircraft (RPA) by the International Civil Aviation Organization (ICAO), is an aircraft without a human pilot aboard. ICAO classify unmanned aircraft into two types under Circular 328 AN/190. Unmanned aircraft, which is the core of the development of the aviation industry. However, there are also elements of the legal dispute. Unmanned aircraft are manufactured in small size, it is possible to shoot a record peripheral routes stored in high-performance cameras and sensors without the consent of the citizens, there is a risk of invasion of privacy. In addition, the occurrence of the people of invasion of privacy is expected to use of civilian unmanned aircraft. If the exposure of private life that people did not want for unmanned aircraft has occurred, may occur liability to the operator of unmanned aircraft, this is a factor to be taken into account for the development of unmanned aircraft industry. In the United States, which is currently led by the unmanned aircraft industry, policy related to unmanned aircraft, invasion of privacy is under development, is preparing an efficient measures making. Unmanned aircraft special law has not been enforced. So there is a need for legal measures based on infringement of privacy by the unmanned aircraft. US was presented Privacy Protection Act of unmanned aircraft (draft). However Korea has many laws have been enacted, to enact a new law, but will be able to harm the legal stability, there is a need for the enactment of laws for public safety of life. Although in force Personal Information Protection Law, unmanned aerospace, when the invasion of privacy occurs, it is difficult to apply the Personal Information Protection Law. So, it was presented a privacy protection bill with infringement of privacy of unmanned aircraft in the reference US legislation and the Personal Information Protection Act.