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An Overview and Implication of Apology Law and Disclosure Law in U.S.A. (미국의 사과법 및 디스클로져법의 의의와 그 시사점)

  • Lee, Won;Park, Ji Yong;Jang, Seung-Gyeong
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.81-111
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    • 2018
  • Recently in Korea, public interest about patient safety has increased because patient safety incidents occurred continuously. In addition, as the way of coping with medical personnel and medical institutions after occurrence of patient safety incident became controversial, the necessity of introducing apology law and disclosure law was raised. We analyzed the contents of apology law and disclosure law in U.S.A and critically examined the legislative movements in Korea. First, the Apology law requires that a medical personnel provide apology, consolation, sympathy to the patient for discomfort, pain, damage or death, and that the expression of apology shall be inadmissible as evidence of an admission of liability in civil action or administrative proceeding. The Apology law is divided into 'full apology law' and 'partial apology law' depending on whether mistake, error, fault, liability, and legal liability shall be inadmissible. Meanwhile, Disclosure law enforces or voluntarily enforces the law to communicate with the patient regarding the disclosure of the incident, the cause of incident, the compensation plan, and the measures to prevent the recurrence in the adverse incident that serious harm to the patient. In Korea, the concern about patient safety incidents has been amplified, and as the importance of communication between the medical personnel and patient has been recognized, the revision bill for the "Patient Safety Act", which adopted the U.S.A apology or disclosure law, was submitted to the National Assembly. The purpose of this study was to critically review the contents of the revised legislation based on the analysis of the apology law and disclosure law in U.S.A. and to provide implications for future legislative direction.

Legal and Institutional Outcomes from the 10-year Struggle against Occupational Diseases of Semiconductor workers (반도체 직업병 10년 투쟁의 법·제도적 성과와 과제)

  • Lim, Jawoon
    • Journal of Science and Technology Studies
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    • v.18 no.1
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    • pp.5-62
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    • 2018
  • Over the last 10 years, the fight against occupational diseases of semiconductor workers led by SHARPS(the Supporters for the Health And Rights of People in the Semiconductor industry, NGO) has accomplished considerable achievements, especially in the legal and institutional aspects. First, the court and the government accepted the claims that 24 injured workers respectively filed, recognizing their 10 types of diseases as occupational illness. The court not only expanded the list of work places and diseases that it recognized, but also presented more progressive logic of recognition. The most remarkable achievement among them is the case ruled by the Supreme court in July, 2017. In terms of 'worker's right to know', which is the most important factor in preventing occupational diseases, there have been significant legislative bills, court rulings and government guidelines. The revised bill of the Industrial Safety and Health Act to strengthen workers' rights to know and to introduce the pre-review system on trade secret is currently under review by the National Assembly. The court recently ruled that the government should disclose its inspection results on safety and health management at semiconductor factories. The ministry of labor has drawn up internal guidelines to more actively open its safety and health data to public. This study looks over recent developments in such rulings, bills and guidelines and then, analyzes their implications, laying the groundwork for future actions for worker health in the electronic industry.

Structural Features of Korean Legislative Communication: Focus on the U.S. Beef Imports Bill Evaluations from Legislative Expert Groups (국내 입법 커뮤니케이션의 구조적 특징: 쇠고기 수입 법안에 대한 입법 전문가 집단의 인식과 평가를 중심으로)

  • Lee, Wan-Soo;Kim, Chan-Souk;Lee, Min-Kyu
    • Korean journal of communication and information
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    • v.60
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    • pp.52-74
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    • 2012
  • Legislation needs to be understood within a political, societal relationship among lawmaking bodies rather than by legal provision itself. In order to examine features and functions of communication in the process of legislation, this study conducted focus group interviews with experts as well as in-depth individual interviews. The result of this research as follows: First, the study found that although the domestic legislative process has been made by active interactions among lawmaking subjects, it was hard to conclude that this procedure is providing effective and productive legislative agenda because of chaotic communications made along the process. Second, the study found that national legislative process has been gradually moving, although restricted, to an open political space, the National Assembly, from a closed space, the executive branch. Third, the study found a remarkable feature including growing influence of experts groups and civic organizations in the legislative process. It is a significant change that legislative staff such as National Assembly aides, investigators, expert committeemen and deputy director generals played a role of "insiders," unnoticeably influencing the legislative process, and that civic organizations and NGOs, which have been excluded in the previous legislative processes, emerged as a new influencing circle in the process. Lastly, the study found that media organizations, in the process of developing agenda, had a strong impact on the National Assembly as a subject forming public issues and as a messenger of the legislative agenda while they played a limited role in affecting the government. This study discusses why communication in the domestic legislative process is important and what are some hindering and facilitating factors in the process.

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Analysis of Actors' Interaction Patterns in the Formation Process of Sexual Crime Prevention Policy: Focusing on classification and case analysis (성범죄예방정책의 형성과정에서 행위자의 상호작용 패턴분석: 유형분류 및 사례분석을 중심으로)

  • Yoo, Keun-Hwan;Kim, Duck-Hwan;Suh, Kyung-Do
    • Journal of the Korea Convergence Society
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    • v.9 no.9
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    • pp.209-215
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    • 2018
  • The purpose of this study is to grasp the overall policy decision system of sex crime prevention policy and analyze the interaction and pattern of actors in policy formation process. This is a useful way to identify the causes and ways to improve the policy if the sex crime prevention policy fails. As a research method, we used a model of advocacy through case analysis and language network analysis. In the external environment, low reporting of sex offenses, technical improvement and supplement for preventive management, consciousness of victims of sexual crimes, amendment of legislation, and support of the president. The conflicts between the advocacy coalition opposed the strong regulation, the prevention of recidivism, the expansion of the range of objects to be worn, the temporary effect of the system and the retrospective of the bill. As a problem-solving strategy, it was confirmed that the opposing positions of pros and cons of lack of manpower and negligence of management through the extension of the system were acutely opposed. In the context of media reports, this tendency is more likely to be understood as the concern of prevention and management at the central government level to prevent sex crimes. Therefore, although the methods of prevention of sex crimes have been insufficient in the past, it is hoped that this study will be helpful in breaking the link of negative policy vicious cycle.

A Study on Kitchen Knives Used in the Homicide Crimes (최근 살인 사건의 살해도구에 관한 연구 - 칼을 중심으로 -)

  • Jeong, Suk-Joon;Chae, Jong-Min
    • Journal of forensic and investigative science
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    • v.1 no.2
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    • pp.31-43
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    • 2006
  • I searched the recent murder cases for other criminal methods of homicides the monthly statistics of the local police agencies of the whole country, I found that there are many criminal cases where knives were used. Based on this finding, I decided to conduct my survey about kitchen knives. The statistics indicated more than five hundread male and female adults were reported to have committed murders. Of the 500 people, 21 used a kitchen knife to commit murder. This study showed that when people have a conflict, the kitchen knife is as a tool that can be easily changed into a weapon. If the points of the knife is round, more homicides could be avoided. If regulations were established, as we have with dagger when producing, selling or purchasing, I would assume that the number of the crimes with knives will be remarkably diminished. It is our responsibility to create a bill concerning regulatory standards in understanding the dangers of kitchen knives. We must immediately participate in active publicity campaigns.

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Nausea and Vomiting after Transcatheter Arterial Chemoembolization for Hepatocellular Carcinoma: Incidence and Risk Factor Analysis

  • Wang, Shi-Ying;Zhu, Wen-Hao;Vargulick, Sonya;Lin, Sam Bill;Meng, Zhi-Qiang
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.10
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    • pp.5995-6000
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    • 2013
  • Background: Nausea and vomiting after transcatheter arterial chemoembolization (TACE) for hepatocellular carcinoma (HCC) are common in clinical practice, but few studies have reported the incidence and risk factors of such events. Objective: The purpose of this study was to analyze the incidence and risk factors of nausea and vomiting after TACE for HCC. Methods: This study was a single-center retrospective analysis of a prospectively maintained database. Between May 2010 and October 2012, 150 patients with HCC were analyzed for incidence and preprocedural risk factors. Results: The incidence of postembolization nausea and vomiting was 38.8% and 20.9%, respectively, in patients with HCC. Patients who developed nausea had lower levels (<100 IU/L) of serum alkaline phosphatase (ALP) compared to those without nausea ($123.04{\pm}69.38$ vs. $167.41{\pm}138.95$, respectively, p=0.044). Female gender correlated to a higher incidence of nausea as well (p=0.024). Patients who developed vomiting, compared to those who did not, also had lower levels (<100 IU/L) of serum ALP ($112.52{\pm}62.63$ vs. $160.10{\pm}127.80$, respectively, p=0.010), and serum alanine transferase (ALT) ($35.61{\pm}22.87$ vs. $4.97{\pm}29.62$, respectively, p=0.045). There were no statistical significances in the incidences of nausea and vomiting between male patients over 50 years old and female patients who have entered menopause (p=0.051 and p=0.409, respectively). Multivariate analysis by logistic regression analysis demonstrated that female gender and ALP>100 IU/L were the most independent predictive factors of postembolization nausea (odds ratio (OR): 3.271, 95% CI: 1.176-9.103, p=0.023 and OR: 0.447, 95% CI: 0.216-0.927, p=0.030, respectively). ALP>100 IU/L was also the most independent predictive risk factor of postembolization vomiting (OR: 0.389, 95% CI: 0.159-0.952, p=0.039). Conclusions: Postembolizaiton nausea and vomiting are common in patients with HCC. Recognition of the risk factors presented above before TACE is important for early detection and proper management of postembolization nausea and vomiting. Nevertheless, future studies are required.

Historical Review for the Government Contractor Defense (Government Contractor Defense(정부계약자항변)에 대한 연혁적 고찰)

  • Shin, Sung-hwan
    • Journal of Advanced Navigation Technology
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    • v.21 no.3
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    • pp.230-242
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    • 2017
  • A significant rise in product-liability cost is expected due to the newly passed product liability amendment Bill approved during the assembly plenary session on March 30, 2017. Korean government legal service(KGLS) filed a damage suit against Korea aerospace industries, Ltd.(KAI) and Hanwha Techwin Co., Ltd., the manufactures of the KUH-1 Surion helicopter crashed. KGLS alleged claims under the product liability Act, the warrant liability Act and the non-performance of contract act. The accountability limits of military aircraft manufacturers was a highly divisive issue among related scholars and legal practitioners. The bottom line was that military aircraft manufacturers had no product-liability insurance available. The United States courts have, therefore, developed the government contractor defense(GCD) and it was recognized by the U.S. Supreme Court in Boyle v. United Technologies corporation(1988). product liability insurances for military aircraft manufacturers are excessively expensive and it cannot be added onto the military procurement cost accounting. However, having an aircraft accident without one can be ruinously expensive. Therefore, the manufacturers should promptly set up appropriate risk management measures. This thesis will first review the advance GCD theory, and then find a way to either reform government contract related regulations.

Conceptual Cost Estimate Method of Public Office Building Structural Frame Work by Regression Analysis (회귀분석을 통한 공공청사 골조 공사의 개산견적 방안)

  • Jo, Yeong-Ho;Choi, Hyun-Jun;Kim, Jung-Won;Yun, Seok-Heon
    • Journal of the Korea Institute of Building Construction
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    • v.20 no.2
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    • pp.147-153
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    • 2020
  • It is important to estimate the optimal construction cost at the early stage of the project. In this regard, conceptual cost estimate is an important factor for estimate optimal construction cost. However, domestic conceptual cost estimate are only used as cost per unit area according to the building type, and it's accuracy is not high. Hence, the purpose of this study is to calculate the approximate quantity and cost for reinforcing bars, concrete, and formwork by presenting a regression formula based on the total floor area of the common work items in the frame work. In order to verify the accuracy and validity of the regression formula presented in this study, a comparative analysis was performed by applying the regression formula and the traditional approximate quantity take-off method to real cases. As a result, the estimated error rate of the traditional method was -102~+55%, and exceeded the estimated conceptual cost estimate accuracy range of -50~+100% suggested by AACE(American Association of Cost Engineering). On the other hand, the error rate of the regression formula method presented in this study was -6.4~+11.62%. This can be used not only for conceptual cost estimate range of accuracy, but also for detailed estimates. However, it is necessary to analyze the factors that affect the unit price as well as quantity in order to calculate the appropriate cost.

Development of a Computer System and Suggestion of Man-Hours for Demolition Cost Estimation (해체공사비 산정을 위한 품산정 기준과 전산시스템의 개발)

  • Kim, Hyo Jin;Kang, Leen Seok;Lee, Dong Wook;Kim, Chang Hak
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.34 no.3
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    • pp.1007-1015
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    • 2014
  • The importance of construction waste reusing and recycling is becoming increasingly large because the demolition industry is in current trend to pursue for sustainable growth. As the considering situation of the domestic housing construction and existing house, a scale of demolition industry is expected to be increased continuously. But the related cost regulations that are used in tendering in the demolition industry are insufficient, also the computer system for estimating the demolition costs have not been developed yet. Therefore, in this study suggests man-hours of 21EA items which are utilized to estimate demolition cost and work rate of $1.0m^3$ breaker which is used mostly in domestic demolition industry after analyzing a case study for deconstruction works. The computer system is developed for the estimating demolition cost easily, which are including five modules such as a project information, a unit cost management, a standard unit cost table, a bill of quantity, and a reporting system. This computer system is possible to apply for estimating cost of both mechanical demolition and blasting demolition. The biggest advantage of this system is to estimate cost to utilize standard WBS which is linked with standard unit table and each DB. This can help unskilled users use easily for it.

A Study on the Necessity of Establishing the National Cyber Security Act through a Comparative Legal Analysis (국내 관련 법과 비교 분석을 통한 국가사이버안보법안의 제정 필요성 연구)

  • Kim, Sung-Hyun;Lee, Chang-Moo
    • Korean Security Journal
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    • no.54
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    • pp.9-35
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    • 2018
  • During the recent years, cyber attacks have been increasing both in the private sector and the government. Those include the DDOS cases in 2009, the Blue House cyber attack, bank hackings etc. Cyber threats are becoming increasingly serious. However, there is no basic law related to cyber security at present, and regulations related to cyber security are scattered in various domestic laws. This can lead to confusion in the application of the law and difficult to grasp the regulations related to cyber security. In order to overcome this situation, the bill on the prevention and countermeasures against cyber crisis was initiated in 2006, but it has been abrogated. Since then, it has been repeatedly proposed, but it has been abrogated repeatedly due to the overlapping of existing laws and concerns about infringement of personal information. The most recent initiative was the National Cyber Security Act, which was initiated by the government in January 2017. The act focuses on resolving the absence of a basic law related to cyber security, strengthening its responsiveness in the event of a cyber security crisis, and fostering security strength. Therefore, this study seeks to contribute to the establishment of National Cyber Security legislation as a basic law of cyber security by examining the necessity of National Cyber Security legislation through comparative legal analysis with existing domestic laws related to cyber security and suggesting policy implications.