• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.129-162
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• 2008

Nowadays it is important for us to resolute medical disputes. Because a high incidence of medical accidents may be brought about according to many chances of treatment in the operation of health insurance and increasing concern of patient health. Patients and medical doctors have plenty of difficulty in uncomfortable treatment circumstances of a high incidence of medical accidents. It is especially desirable that our society should prevent medical accidents and resolute speedy, fairly and rationally the happened medical disputes. Many legislations were suggested to resolute medical dispute. But legal issue points stress only speedy medical dispute resolution procedure and don't compromise fair and professional procedure. Accordingly these legal arguing points had not been accepted by the National Assembly and people. If the speedy resolution of medical dispute was demanded to solve unsafe treatment circumstances, it is necessitated that the legislation containing legal issue points to procedure is enacted. Of course the interest of patients and doctors to legal issue points must be balanced. Because an arguing points to the reversal of proof burden is consisted of the entity judgement in connection with setting the basis of resolution of medical dispute, the legislation to these is checked carefully.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.57-127
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• 2008

In medical malpractice lawsuits, negligence is generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from a foreseeable risks of harm. Thus, the essence of negligence is a breach of obligations to be attentive, and the breach of obligations to be is negligence. However, whether negligence is or not depends on time, place, litigation forms and the judge since the meaning of negligence is wavering on the basis of abstract and normative judgment. In this thesis, what is medical negligence, a breach of obligations of attention for a doctor in medical malpractice lawsuits, would be it further enacted that doctors have the responsibility to protect the patients as a subordinate duty due to a principle of faith and sincerity besides the main duty for medical contract-performance since the suit is a litigation form to be based on responsibilities of experts, especially doctors, though having factors that are non-contractual as a trait for medical treatment. Further on the concept, when the plaintiff asserts and proves a specific fact from the recent moderation of the burden of proof about medical malpractices, whether the court should find a true bill in medical malpractice actually or not has been discussed.

• Journal of Energy Engineering
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• v.12 no.2
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• pp.109-117
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• 2003

Because of the difficulty of acquiring new generation sites and right-of-way, additional units have been added to the existing generation sites and the transmission system has been developed into highly meshed configuration. This structural characteristics may cause restriction on the reliable operation of power systems. In other to meet with this problem, the enhancement of system analysis techniques and establishment of appropriate measures have been required in this situation. In addition the deregulation of electric power industry in Korea would require better tools for power system analysis and control. In this paper, exciter system models, speed governor system models and PSS models of EUROSTAG for stability study are developed. Comparison with simulation results of PSS/E is performed for verification of EUROSTAG models.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.179-211
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• 2007

To succeed the claim of medical malpractice litigation, the patient as a plaintiff should establish the medical fault of a physician as a defendant, and the causation between the fault and damages. Because of the extraordinary nature of medical province, however, this application of a legal principles is rigorous with the patient. In addition, given the causation between the validation of physician's fault and damage is not attested, patient is not awarded anything. In order to overcome a difficulty of patient's verification and ensure the right to fair process, it was demonstrated the lightening of burden of proof in medical malpractice litigation and the acceptance of the responsibility for an illegal act in a prescribed range in the absence of the causation between the physician's fault and damage. This paper deals with the judgement of causation and burden of proof in medical malpractice litigation, and the acceptance of responsibility in the absence of the causation between the physician's fault and damage. Also, this study recommends a tendency of our precedent through the comparative case method of ours and Japan.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.9 no.2
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• pp.556-563
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• 2008

One of the most important issues of managing a supply chain is to determine the inventory level whenever shortage is permitted and vendor is responsible fur management of the both buyer and supplier's inventory. We present two vendor managed inventory models in the form of two-echelon supply chain models for: 1) one buyer-one supplier problem, and 2) two buyers- one supplier problem. We assume that shortage is permitted. The proposed methods of this paper provides a simple condition, which makes it easy to decide when and how vendor managed inventory model costs less than traditional one. The paper is supported with some numerical examples to show the implementation of the proposed methods.

• Proceedings of the Korea Information Processing Society Conference
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• 2016.04a
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• pp.554-557
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• 2016

2015년 우리나라 스마트폰 보급률이 83%에 다다르고 인터넷 정보 검색은 PC보다 모바일이 추월한지 오래다. 범람하는 정보 안에서 편하고 빠른 것에 익숙해진 사용자들은 이제 개인화된 맞춤형 추천 정보의 제공을 원한다. 맞춤형 추천을 위해서는 사용자의 행동을 이해하고 추천하는 것이 필요하다. 현재 대중화된 개인 추천 서비스는 책과 영화가 있는데 생활에 많은 부분을 차지하고 있는 음식점 방문에 대해서도 맞춤형 추천 서비스를 제공해 줄 수 있다. 본 논문에서는 음식점 방문에 대한 비슷한 태도를 보인 사용자를 추출한 후 방문했던 장소를 비교하여 추천하는 사용자 행동 기반 다속성 태도 모델 기반의 장소 추천 모델을 연구한다. 다속성 태도점수를 산출하기 위해 피쉬바인(Fishbein) 방정식을 활용하고 피어슨 상관계수를 이용하여 사용자들간의 유사한 장소를 추출했다. 그리고 그룹렌즈의 선호도 예측 알고리즘을 활용하여 추천 대상 장소를 선정하고 유클라디안 거리법으로 사용자의 거리기반 장소를 추천하였다. 또한 본 논문에서는 실제 데이터를 이용한 실험을 통해 본 논문에서 제시한 시스템의 우수성도 입증하였다.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.133-162
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• 2019

Due to the nature of medical malpractice lawsuits, it is difficult for medical consumers, who are weak in getting information when it comes to health care problem, to secure all information inside the hospital. Even if you are confident about the hospital infection, it is true that people have difficult to obtain medical testimony by expert. It is seen as no easy task to testify to the malpractice of colleagues who work in the same field not only in our country but also abroad, when a doctor gives negative testimony to another doctor in a medical malpractice lawsuit. Although few health care providers will be motivated to take medical care from the outset, testimony or statements from a medical practitioner can have a significant impact on the outcome of a lawsuit, as it is impossible for the patient to control or be aware of the whole process of medical conduct, especially in the event of a hospital infection and the victim. If the hospital can prove the causality of damages caused by negligence of the employees or supervision of the hospital itself in a medical suit caused by the infection, the level of protection of the victim could be raised further. We sought to find a solution to these problems by looking at the provisions of other laws related to hospital infection. In particular, as the comparative legal review regarding hospital infection, Germany's legislative precedent sets a medical contract as a typical civil law contract, so it is thought that looking at German civil law regulations also has implications for Korean law. We also tried to improve the French Special Act 'rights of patients' and we can look at the consequent changes in court cases. Finally, the content of the U.S. case's and the theory of 'the doctrine of res ipsa loquitur' in relation to it show that doctors and hospitals have been forced to shift the burden of proof through this theory. This paper tried to find out the implications of mitigating the burden of proof by reviewing various issues that might be related to medical litigation of hospital infection from a comparative point of view.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.163-207
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• 2020

Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.

• KDI Journal of Economic Policy
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• v.33 no.1
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• pp.125-148
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• 2011

Although the patient's problem with access to health information has been improved due to rapidly developing information technologies, such as the internet, some patients still do not have enough ability to understand, interpret, and analyze the health information. Given this view on the patient's asymmetric information problem, if a doctor provides sufficient effort to help patients understand and interpret medical information, the efficiency of patient's medical care use could be improved. This paper shows firstly that the patient's inefficient use of medical care originates from his information problems, such as the misperception of the effectiveness of medical care and secondly suggests that if the doctor makes sufficient effort to correct patient's information problems, the inefficiency can be ameliorated. This paper also suggests the manipulation of a doctor's payment method can lead a doctor to provide optimal level of efforts which can in turn lead patients to use the optimal level of medical care. With an optimal level of effort, a doctor can more easily achieve a patient's compliance with the newly recommended amount of medical care.

• Environmental and Resource Economics Review
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• v.22 no.3
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• pp.411-435
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• 2013

Since catastrophe from explosion of Hukushima nuclear power plant, concerns over possibility of exposure to radioactive matter has been disseminating all over the world and frequent accidents of domestic nuclear power plants also has been amplifying throughout the nation. In the past, major focus was made on compensation for local residents who live nearby nuclear power plants, but focal point of this study is on wage premium of workers who are employed in R&D of nuclear power plants. It is difficult to derive socially desirable result if private sectors are responsible for compensation on workers who suffer from physical damages due to the exposure to radioactive matter. Because victims should verify the damages that occur in the working places. This study conducted a survey on which job would prefer the respondents who are engaged with the nuclear R&D projects as exposure levels to radioactive matter, security of job, location of firms, and work intensity differ. As a result, exposure to radioactive matter was the most important attribute in choosing alternative jobs followed by job security, work intensity and job location. Annual willingness to pay for reduction of exposure to radioactive matter was estimated as 7730~7770 thousand KRW depending on different econometric models. Therefore, Korean government should prepare institutional foundation in order that appropriate compensation should be made on workers who are engaged in R&D projects on nuclear power plants if they have damages from the exposure to radioactive matter.