• Korea Journal of Hospital Management
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• v.11 no.1
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• pp.1-30
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• 2006

According to the available data, in these days, the number of medical accidents and disputes have significantly increased since 1990 in Korea. From this aspect, a variety of approaches and efforts to solve these problems is needed before it is too late. This study intended to identify the thoughts of patients who are directly connected with medical accidents and disputes and then to consider reasonable settlement methods of the increasing disputes. For achieving the purpose of this study, the self-administerd questionnaire was conducted with 450 out-patients who visited three university hospitals, five small and medium-sized hospitals, and ten clinics in Seoul from June 13 to 17, 2005. Incomplete questionnaires were omitted and 410 respondents(91%) were included for the analysis of this study. Each section of the survey was composed of six categories such as the recognition of malpractice, a compensation system about no-fault medical accidents, the recognition of the judgement of medical accidents in court, reasonable settlement of medical accidents, reasons of lawsuit, and the need of the medical dispute settlement organization. The major results of this study were as follows. First, more than half of the respondents, 51.9 percent, worry about malpractice. And many respondents think malpractice causes their symptoms to persist or become worse, and also some respondents think that the doctor's prescription changed too frequently. Second, as for a compensation system about no-fault medical accident, 55.7 percent of the respondents insist that a proper compensation for suffering patients or their families should be provided. And also as for the responsibility of compensation, respondents think joint compensation of both the medical institution and the government is needed foremost, followed by the medical insurance company and finally by the medical institution. The government as well as the related institutions should take responsibility for malpractice accidents for which the doctor is not responsible. Third, as for the acknowledgment of medical accident judgements by the court, 32.8 percent of respondents think that it is best to compromise with a medical institution, followed by lawsuit(26.2%), the assistance of civil organization(23.2%), and a powerful physical protest(7.6%). Fourth, as for the lawsuit of medical accidents, 62.9 percent of respondents think that patients and their families would be in a disadvantageous position in relation to medical institutions and doctors mentioning the lack of professional medical and lawful knowledge, experience and know-how as the reason. So many people have given up appeals owing to the difficulties involved in defending themselves through evidence. Fifth, about a half share of the respondents indicated that the medical institution's neglect of the responsibility of medical accidents is one of the most important reasons of lawsuit. And next respondents mentioned the lack of the medical dispute settlement organization and a general distrust of medical institutions and doctors. Sixth, a majority of respondents consented to the introduction of the need of the medical dispute settlement organization, And about a half of the respondents mentioned a readiness to accept the mediation of the organization, but the rest did not express a clear opinion. It seems that conflict among the parties concerned have existed in relation to the medical dispute settlement organization and related legislation for many years. But as this study has shown, the needs of the medical dispute settlement organization is in desperate demand. Therefore, more negotiation efforts from all interest groups should be considered for the birth of the medical dispute settlement organization and related legislation.

• Journal of the Korea Institute of Building Construction
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• v.20 no.6
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• pp.515-525
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• 2020

The recent increase in lawsuits and disputes caused by defects in apartment houses has been highlighted as a social issue. To solve this problem, studies were conducted on the type of defects in apartment houses. However, the problem has not been resolved amicably. Accordingly, it was emphasized that it was necessary to lay a groundwork for research on the types of defects by type of construction work in the recently constructed apartment houses and to present countermeasures and preventive measures for defects later. Therefore, this study investigated cases of defects in apartment houses and analyzed types of defects through PMIS and defect reports. The main purpose of the research is to present the causes for major types of defects by identifying the types of defects in apartment houses and to lay the goundwork for the study of countermeasures and preventive measures for each type of defects in the future.

• The Journal of Korean Medicine Ophthalmology and Otolaryngology and Dermatology
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• v.25 no.3
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• pp.78-87
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• 2012

Objective : The purpose of this study is to describe the characteristics of medical malpractice related to pediatric ophthalmology and to identify the causes and potential preventability of medical litigation in Korean medicine. Methods : A study was performed by analysing 8 cases of lawsuit in the year between 1968 and 2011, which were selected among the medical dispute cases involving pediatric ophthalmology. Results : The eight closed claims occurring in the field of pediatric ophthalmology were founded in the data for medical malpractice. One claim was supreme court decision, two claims were high court decisions and five claims were district court decisions. Conclusions : While malpractice claims occurring in the field of pediatric ophthalmology were uncommon, they resulted in a high rate and amount of indemnity payments. For reduction of medical disputes, improvement of clinical trials and clinical medical cares is emphasized, and informed consent is also important.

• Korean journal of communication and information
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• v.67
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• pp.152-176
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• 2014

Public opinion has dramatically shifted from positive to negative in Korea society especially since the IMF crisis. Such terms as 'aristocratic union', 'collectivism', 'damages on public interest' became a kind of conventional wisdom. Undoubtedly, media's representation has much to do with such a tantamount difference. This study thus attempts to understand the mechanism by analyzing media discourse related to labor strikes. For this purpose, this paper made a choice three cases including doctor-pharmacist dispute, general strike by truckers' solidarity, and Ssangyong Motor's strike. Total 217 editorial pieces of , and conceived to be a representative newspaper of ideological stance were analyzed. Research showed that while paying particular attention to demoralizing labor strikes, shed positive light on such disputes by articulating fundamental causes hampered by pro-capital policies along with anti-labor law enforcement. The believed to be relatively a neutral one showed ambivalent attitudes toward those cases. More favorable and inclusive reporting were found in accordance with policy shifts as well. Media's selective partisanship for the sake of private interests is firmly believed to downgrading credibility on Korean journalism. Also is fair, balanced and less biased reporting over socal disputes a vital part in crystallizing social consensus. In this consideration, the authors hoped this study to provide an opportunity to contemplate on what would be desirable journalistic values in modern democracy.

• Journal of Veterinary Clinics
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• v.39 no.1
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• pp.9-15
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• 2022

As more veterinary clinics become specialized with the growth of the companion animal market, an increasing number of veterinary clinics perform orthopedic surgery and use orthopedic products, some of which are defective and have side effects. Thus, the present study aimed to prepare fundamental data for the revision and development of manufacturing standards for these products in order to prevent their side effects. We conducted a survey targeting veterinary clinics as consumers and medical device companies as suppliers. Veterinary clinics were surveyed via offline and online methods; 320 clinics that offered orthopedic surgery and approximately 4,000 veterinary clinics that were registered in the Korean Veterinary Medical Association were targeted, and 153 veterinary clinics responded to the survey. The survey for medical device companies, was performed online, targeting 29 companies; 14 companies responded. The number of side effects of orthopedic products was higher in animal orthopedic products than in those for human use. Many consumers tended to suspect that side effects were caused by product defects. To resolve side effects after using orthopedic products, consumers mostly underwent reoperation. Meanwhile, some severe cases proceeded to legal disputes. Similarly, medical device companies, or the suppliers, responded that most side effects occurred in veterinary orthopedic products and that product defects and mistakes in use were the causes. As for most of the follow-up actions for side effects, these companies either reported the issue to those in charge or analyzed and resolved the issues themselves. Therefore, to develop quality products, suppliers should be provided with clear standards for the production, and information disclosure and a report system for side effects should be particularly established to gain consumers' trust regarding the safety of these products.

• Journal of the Korea Institute of Building Construction
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• v.3 no.2
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• pp.95-102
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• 2003

Financial difficulties and claims frequently stop construction works and cause subsequent contract cancellations. However, as the criteria to assess costs have not been established, many cases of legal disputes over the assessment of cancellation costs are taking place and the concerned parties are suffering the loss of time and money. Therefore, the present research aimed at developing a rational and systematic model of cancellation cost assessment following the cancellation of contracts. The research was carried out in the following methods and scopes. 1 ) The research was focused on the assessment of fair cancellation costs from constructors' side for contracts cancelled by any causes for which the owners have liability. 2) To obtain basic materials about cancellation cost assessment methods, contracts, claims, contract cancellations and construction-related laws at home and abroad were examined. 3) A cost assessment model was developed for systematization and efficient operation of cancellation cost assessment, and the reliability and efficiency of the proposed model was verified through a case study. The conclusions drawn from the research are as follows. The importance of the cancellation cost assessment model was confirmed as, using the cancellation cost assessment model, direct cancellation cost and indirect cancellation cost could be assessed systematically, the number of disputable items could be reduced because reasonable evidences of actual spending were presented, and the loss of constructors could be minimized because systematic and rational cost assessment became possible for many disputable cases of indirect cancellation cost, which the constructors had been unable to prove so far though having spent.

• Journal of the Korea Institute of Building Construction
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• v.15 no.5
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• pp.491-500
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• 2015

This study investigated defect status by work type, based on the report data of defect inspection results, acquired by consumers' request to safety inspection agencies, before the expiration of legal defect repair warranty period. In fact, the data was not acquired by centering on suppliers, namely, construction companies in relation with the defects becoming causes to increase construction cost of apartments. This study aims to provide objective and basic data for quality improvement at construction stage and for solution to defect disputes. The study results are presented below: (1) The number of defect cases occurring from architectural work among total work types were 1,986, defect occurrence rate was 62.5%, and defect repair cost was KRW $25,851/m^2$, which stood at 78.2% of the total work types. This means the defect occurrence rate and defect repair cost in architectural work are bigger than those of other work types. (2) Major defects in architectural work were revealed in the following order: cracks from frame work, inferior interior finishing work, inferior finishing work of plaster/masonry works, water leak/damage from waterproof work and withering/omission from landscape work. The total repair cost of the major selected defects was KRW $12,220/m^2$, and was analyzed to take up 37% of the total defect repair cost.

• Journal of Arbitration Studies
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• v.29 no.4
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• pp.33-55
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• 2019

This study is aimed at drawing up improvement measures in connection with the resolution of claims, one of the major constraints in revitalizing South-North Korean economic cooperation. To that end, we first looked at the structure of South-North Korean economic cooperation and the institutional status related to resolving the claims. Also we analyzed the current status of the claims in the process of promoting South-North Korean economic cooperation by companies and the provisions of the claims between the parties in order to derive any problems. Through these research results, we were able to identify directions and implications for efficient improvement of the causes of several South-North Korean economic cooperation claims. First, at the corporate level, there is a need to create specific details of a contract for resolving disputes and to add additional third-party coordination functions in the relevant clause of the contract in preparation for the occurrence of a dispute. In addition, it is necessary to seek ways to advance jointly with corporations in China and other third countries in order to secure stability. Second, the government should continue to discuss ways of promoting South-North Korean commercial arbitration with North Korea so that follow-up measures can be completed as soon as possible. In addition, a two-track strategy is suggested to provide a practical negotiation channel at the private level. Also it is necessary to be active in persuading North Korea to join the international arbitration treaty in preparation for the activation of full-fledged economic exchanges.

• Journal of the Korea Institute of Building Construction
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• v.20 no.6
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• pp.567-576
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• 2020

This study proposes additional items to be recognized as defects in a defect lawsuit through a case analysis of lawsuit cases in apartment housing. Identifying these defects prevents an unexpected increase in litigation costs, delays in the date of litigation, and emotion repercussions or additional lawsuits. In this study, the defects that were not discovered by the existing occupants and construction companies, but were newly discovered in litigation, were defined as defects in lawsuits. Fifteen cases of lawsuits were analyzed and a total of 77 defects were derived. Each item was then reviewed for location, work type, number of occurrences, and cost. The results were yielded 23 defect items, which were validated by appraisers who directly appraised the cases. In addition, the derived defect factors were analyzed. Finally, the 23 defect items were categorized into 10 main factors which include attributes such as causes of occurrence and characteristics. This can provide an overall area of defects to be considered in addition to existing defect items in the life cycle of the housing. The results of this study can contribute to reducing the actual occurrence of defects and minimizing the disputes in the case of defect lawsuits.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.5
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• pp.445-453
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• 2020

The use of tugboats for the safe berthing/unberthing of ships is the most crucial factor in the safe and efficient operation of the harbor. However, the adequate number and size of tugboats that should be held based on the characteristics of the port have not been investigated in detail, which causes disputes between involved parties. Therefore, the suitable number of tugboats and the ratio of the tugboat horsepower were determined in this study using simulation techniques, with focus on Ulsan Port. First, the ship and tugboat-operating models were designed for simulation application. Next, the input variables defined in the model design were standardized in an inputtable form using ARENA software. In addition, the arrival and division process of the ship was designed and simulated as an ARENA model. Finally, the simulation results for six scenarios showed that an effective tugboat operation could be achieved when 42 tugboats were held at Ulsan Port.