• Title/Summary/Keyword: Civil responsibility

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A Study on the Experience of Physical Therapy Accident in The Physiotherapist (물리치료사에 있어서 물리치료 사고의 경험에 관한 연구)

  • Kim, Jong-Dae
    • Journal of Korean Physical Therapy Science
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    • v.9 no.1
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    • pp.69-80
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    • 2002
  • The objective of research provides the physical therapy of good quality to the patients to search for the problem pant against a physical therapy accident and it simultaneously respects physical therapy company law, the possibility of preparing a system defensive ability in order to be. The data were collected from 2000 October 1 to December 30th, and analyzed by a frequency and a percentage, oneway ANOVA, Scheffe method, $x^2$ official approvals. Conclusion (1) the accident where the patient falls from inside the treatment 'room is many and occasionally' 29.3% (63 people) with was many most. (2) Because of a mistake by a part-time therapist in holiday or a colleague therapist to do, the fracture or bum accident happens 12.5% (27 people), by a assist nurse due to more showed 12.1% (26 people) experience degree in the patient. (3) From physical therapy process breakdown of the medical treatment machinery and tools or it is in malfunction to do and the experience which has a failure to physical therapy is one enemy 68.1% (147 people) was in item. Also it treats and the patient or in the protector it sends an explanation in advance not to be, the experience which it enforces 50% (108 people), of service hour treatment equipment the medical treatment directives broad way of the doctor is accurate in insufficiency and does not enforce the experience is 45.4% (98 people), the patient whom I am treating Hot Pack (electricity has pack inclusion) with to do, the art dealer (over at 1 buffoonery) the experience which it puts on 27.1% (58 people), The patient whom I am treating is the electrotherapy flag (electricity has pack exclusion) with to do, the art dealer (1 degree art dealer over) the experience which it puts on 16.3% (35 people), the experience boat song the patient against a fracture from physical therapy process 9 person (4.2%) was visible an experience degree. (4) With hospital infection to do, from the patient the experience and the therapist which receive a problem proposal were caused by with hospital infection and the answer back regarding the experience which tries to receive a treatment appeared 6% (13 people), 42% (9 people) with each. (5) It listened to the treatment hour patient or the appeal of the protector and especially it does not appear to be being important it was not and and the management which is special it did not take, also the experience where the condition of the patient is deteriorated after that was 10.3% (22 people). (6) The condition or state of the patient does not agree with the medical treatment instruction of the doctor not to be, amendment one experience was 67.5% (145 people). (7) The experience degree of the physical therapy accident which relates with physical therapy recording and a secret maintenance 59.7% (129 people) 'is many and occasionally it is,' it showed an answer back and e it showed a most high accident experience degree. (8) The business overweight of physical therapy company 43.3% (93 people) with was high most from recognition degree of the physical therapy company against a physical therapy accident. (9) Against the question which asks the responsibility subject matter of physical therapy accident the whole answer back volition 42.8% did it is a joint responsibility where the multi person relates. (10) The accident occurs most the hour unit which plentifully in the afternoon 64.3% (133 people) with appeared from the recognition degree against the frequency hour unit of physical therapy accident. (11) Physical therapy it bought and after the various medical treatment accident which relates against the attitude of the, patient side against the physical therapy company it understood and trillion it was many most with 33.3% to be finished. (12) After physical therapy accident the management against the physical therapy company of the hospital authorities concerned above all do not experience 70.6% (149 people), from event right and wrong submission 22.7% (48 people), warning management 2.8% (6 people), the event report requirement and money compensation were each 0.5% (1 person). (13) As the prevention book of physical therapy accident most it is important, the fact which it thinks that, the persons supplement of physical therapy company 58.8% (127 people) with was high most. (14) It related with a physical therapy accident and the medical law 43.5%, civil law 23.9%, was visible the answer back ratio of the criminal law 13.7% from the degree which probably is a relation law.

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Effect of Construction Joint on Leakage Resistance of Gas in Reinforced Concrete Pressure Vessels (철근콘크리트 압력용기에서 시공이음이 가스의 누설저항에 미치는 영향)

  • Yi, Seong-Tae
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.21 no.2
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    • pp.87-94
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    • 2017
  • In the nuclear power plant, the steel or polymer liner plates are adopted to prohibit the inner concrete surface from contacting with gas or liquid materials. If there is an accident, the plate may be damaged, and, in this case, concrete shall have the final responsibility to safety requirements. In this paper, an experimental research was carried out to investigate the effects of construction joint and wet and loading conditions on the permeability of concrete. The test results showed that, under a construction joint in the wet condition, leakage of gas pressure has been started from $1kg/cm^2$. However, when there are no construction joints, it is initiated from $2kg/cm^2$. In addition, under the air dried and unloading condition, regardless of with or without the presence of the construction joint, since the gas passage that exist in concrete is constant, leakage has a constant tendency to increase. Finally, under the loading condition, as described in Reference 1, since leakage is inversely proportional to the thickness of the wall, and, considering the wall thickness of the actual plant, it is found that there will not be no problem in the sealing of the gas.

Plans for Improvement of the Airspace Structure (공역체제 개선계획)

  • Kim, Chang-Seop
    • The Korean Journal of Air & Space Law and Policy
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    • v.12
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    • pp.144-177
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    • 2000
  • Our nation have several procedures and law for national airspace management, however those procedures and law not enough to manage airspace. Therefore, I have studied this paper for improving flight safety and for providing economics flight of civcil aircraft and military aircraft, also, for increasing efficiency of airspace through systematic airspace management, additionally, for improving nation defense ability and for preventation our nation damage when occuring airspace problem. Nowaday. in using airspace. two theory which freely use theory and use theory under jurisdiction is opposed by every nation in worldwide. Consequently. we can realize every nation endeavour to increase their jurisdiction airspace. However. our nation is not still prepared to cope with other nation when occuring airspace trouble. because airspace definition is not prescribed on our aviation law. Therefore. several problems which are improved in our airspace management are presented on this paper. The presented matters are as follows. First, The airspace definition is not prescribed on aviation law and responsibility limit of airspace management is ambugious. Second. problem on structure of approach control area and special airspace, Third. problem on airway system. Fourth. civil agency and military agency apply respectively different regulation in establishment of aircraft flight route, To grasp these problems, considered the airspace conception, airspace classfication. legal character of airspace. our nation airspace state and management together with other nation airspace state and management. also compared our nation airspace management with other nation airspace management. And. improvement methods to solve problems which was appeared by comparing and analysis are presented on this paper.

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A Study on Securing Safety at Small and Medium-sized Construction Sites using The Safety and Health Register at Each Construction Stage (건설 단계별 안전보건대장을 활용한 중·소규모건설현장의 안전성 확보 방안)

  • Lee, Goon-Jae
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.11
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    • pp.187-192
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    • 2020
  • In the past 20 years, accidents in the construction industry have declined in absolute numbers. On the other hand, disasters occurring at small and medium-sized construction sites account for more than 80% of the entire construction industry and are showing a continuous increase. A system for preparing a safety and health register in stages was enacted to preemptively prevent accidents by mandating responsibility for safety to owners with relatively strong authority in the construction industry. Considerable is needed to become an effective legal system. Although there have been many studies related to safety management plans and hazard prevention plans, there are no studies on the safety and health register. Therefore, in this study, an improved safety management procedure connected with the orderer's safety and health management procedure was presented as a plan for reducing accidents at small and medium-sized construction sites. All information was made as a data-based procedure to reduce the burden on the manager. The results of this study are expected to be used as basic data for the development of a safety management support information system for small and medium-sized construction sites.

Organizational Liability for Adverse Reactions to the Contrast Media (조영제 부작용에 대한 조직책임)

  • Lim, Chang-Seon
    • Journal of radiological science and technology
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    • v.30 no.2
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    • pp.89-93
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    • 2007
  • Contrast medium is a very useful tool for X-ray examinations. But contrast medium has some unavoidable adverse reactions. For those patients who have never received contrast medium before, it is impossible to predict whether they will suffer from certain kinds of adverse reactions. Thus, radiologists should use strategies to minimize adverse events and be prepared to promptly recognize and manage any reactions to the contrast media. If a radiologist commits medical malpractice, he will face civil responsibility. Medical malpractice means a tort or breach of contract that occurs in a medical setting. Medical malpractices happen, despite the efforts of hospital staff. Many courts have applied the traditional doctrine of respondeat superior in actions against organizations for injuries caused by their employees. It is a legal doctrine, which states that an employer is responsible for employee actions performed within the course of the employment. A hospital is an organization for health purposes. An organization may be convicted of an offense committed by an employee of the organization acting in its behalf and within the scope of his office or employment. Organizational liability involves a wide variety of legal issues, including tort liability, wrongful employment practices, personal injury, breach of fiduciary duty, and so on. Many executive directors of organizations are aware of their personal and organizational risks of exposure to legal liabilities. The employer must have the right to control the physical conduct of the employee and must consent to receive the employee's services, while expecting some benefits from the services offered. Therefore, legal liability can be imposed for improper selection, assignment, training, and supervision of employees. In conclusion, the hospital itself has organizational liability for adverse reactions to the contrast medium.

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A Study on the Introduction of Defense Technology PD System (국방기술 기획전문가제도 도입방안에 관한 연구)

  • Kim, DoeHun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.5
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    • pp.117-121
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    • 2018
  • As the paradigm shifts in the era of accelerated technological development and technology convergence, the defense sector is pursuing national defense research and development through selection and concentration, as well as the expansion of investments to develop defense science and technology to the highest possible level. In addition to investing heavily in cutting-edge weapons and core technologies that are consistent with the future, the defense sector is also developing investment strategies within a limited budget. In the private sector, the PD system has been introduced in order to maximize the performance of R&D policy and to improve the professionalism and responsibility of planning & management. In accordance with this trend, in the field of defense, the PD system of defense technology with specialization is being promoted, in order to strengthen the task planning capacity and to promote the utilization of private technology. Considering the need for coherent technical support for the core technology developed by R&D, the improvement of open technology planning systems and expansion of inter-civil & technical linkage, the use of the PD system in the defense field is indispensable. In this study, we review similar cases abroad and at home to examine the introduction and management of the PD system for defense technology. This study is based on the current state of the defense technology PD system that is being pursued.

A Study on the FIDIC Conditions of Contract for Design, Build and Operate Projects (FIDIC의 DBO 프로젝트용 표준계약조건에 관한 연구)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.29-60
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    • 2010
  • The incentive and reasons to publish FIDIC Conditions of Contract for Design, Build and Operate Projects(DBO Form) are manifold. It is partly a response to the increasing need for sophisticated project delivery methods in both the public and private sectors and the already widespread use of the FIDIC Yellow Book with operation and maintenance obligations and partly a response to the challenge to decrease maintenance cost to a minimum by means of a new procurement route. As a result, FIDIC has developed a new model form to meet this market place requirement. On the other hand, FIDIC did not simply adapt the Yellow Book but has developed a new form from it, whilst preserving the style of the already known FIDIC Forms and maintaining the wording where it was not necessary to change it for the purposes of a DBO Form. Moreover DBO Form fills up supposed gaps in other FIDIC Forms and ameliorates the claim management and dispute management framework. FIDIC DBO approach may be shortly summarized as follows. First, DBO Form provides for single project responsibility. Second, DBO Form has the clear objective of ensuring the use of a most reliable and efficient technology at the lowest life-cycle cost. Third, DBO Form is intended to operate as an effective quality increase in the design and construction of projects. Fourth, DBO Form is intended to provide significant benefits with regard to system integration and reduction of risks. Fifth, DBO Form accelerates and enhances completion schedule compliance. Sixth, DBO takes care of all three supporting pillars of sustainability(including economical, environmental and social elements). DBO Form is obviously a good starting point for negotiations and the preparation of calls for tenders, thus saving the parties time and money. However, existing cultural and legal differences, particular local conditions and the particular needs of some branches of the industry may require the form to be adapted according to the particular needs of a project. And Civil law practitioners are strongly recommended to verify carefully the underlying legal concepts and background of each clause of the General Conditions in order to avoid unnecessary and sometimes unnatural changes and amendments being made. Note that when preparing the Particular Conditions ensure that terminology is consistent and that existing inherent concepts should not be ignored.

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A Study on the international case studies for SEA follow-up (전략환경평가 사후관리 해외 사례 분석)

  • Cho, Hanna;Park, Joo-Yang
    • Journal of Environmental Impact Assessment
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    • v.24 no.4
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    • pp.375-385
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    • 2015
  • This study analyzed international case studies on Strategic Environmental Assessment (SEA) follow-up and suggested implications based on the study's findings to aid implementation of SEA follow-up in Korea. SEA requires follow-up in order to identify unforseen adverse effects and enable appropriate remedial action to be taken. Tool kits and methodological framework for effective SEA follow-up are only being researched recently. Based on the study's findings, following implications for implementing SEA follow-up in Korea were drawn. First, the system of carrying out SEA follow-up would be different depending on the PPP topic. During the scoping stage, significant impacts should be identified according to the PPP topic, and thus help determine the indicators to be developed in the later stage. Secondly, responsibility, method, time, intervals and actions from SEA follow-up may vary depending on the target SEA consultation. Thirdly, the indicators of SEA follow-up may be considered together with various environmental standards and current political, social and economic indicators which are a big issue in society. Fourthly, SEA follow-up can be used as an integration system of its target planning and environmental planning. Finally, SEA feedback system should be needed. The result of SEA follow-up should be used for target PPP. These would lead to improvements to the target PPP. If SEA follow up is successfully implemented and actively carried out for domestic PPPs, Korea can be a step closer to realization of sustainable development.

Review of 2017 Major Medical Decisions (2017년 주요 의료판결 분석)

  • Lee, Jung Sun;Lee, Dong Pil;Yoo, Hyun Jung;Jeong, Hye Seung;Park, Tae Shin
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.207-254
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    • 2018
  • The major court rulings delivered in 2017 include the ruling that separated the legal character of denture production agreement signed together with medical care agreement and found a subcontracting dimension in the former, and the ruling that overcame the limitations of the theory of entire appearance of a fetus as discussed in civil law by using the legal principle of insurance which suggests that unborn child insurance takes effect after the contract is signed and the first installment of the premium is paid in. As more court rulings find the medical specialists responsible for accidents and injuries from drugs, some argue that medication counseling by the druggist who makes and dispenses drugs should be upgraded. And with respect to a court ruling that denied the hospital's responsibility for an infection-involving accident even if there were no records on specific measures taken in infection management, some criticized the court for being too conservative in recognizing responsibilities. And with respect to infectious disease management, some criticized the court for its interpretation and application of the facts in the direction of denying the negligence. In addition, some claimed that it is necessary to establish institutional system for hospital infection control and its aid for victims, and to improve the system including the reversal of the burden of proof given the special nature of hospital infections. A number of rulings on the duty to disclose included the one which stated that the specific matter did not require a doctor's explanation as it was explained or the specific medical service would have been performed even if no explanation had been given. There was a greatly controversial ruling over the scope of indemnification, which accepted the occurrence of multiple scars and deformation as disorders while regarding breast as a thoracic organ. And a Supreme Court ruling over interpreting Medical Service Act was criticized as overstepping the boundary allowed in the law.

A Study on The Law and System of The Private Body Guard in Korea (한국(韓國) 민간신변보호(民間身邊保護)의 발전(發展)을 위한 법규(法規) 및 제도(制度)에 관한 고찰(考察))

  • Lee, Han-Ick
    • Korean Security Journal
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    • no.1
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    • pp.283-319
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    • 1997
  • Our society witnesses the rapid progress in the areas of politics, economy, society and culture in the process of national modernization since 1960s, which in turn as a reverse function gets to contract a societic pathology, totally lowering the security level of citizens' lives owing to various violent crimes like hostage commotions and murders with rifles and deadly weapons. what is the main reason for that? That may be partly because the chief police force concentrates on the current situation resulting in the vacuum of the public peace. However, the main reason is that the police fall short of man-power and equipments even if the whole police power were put to use in preventing and quelling the crimes. That is true not only of Korea but also of the advanced countries like the U.S.A., England and Japan. We realize that these advanced countries have higher level of security in every individual's life and property than Korea because their progress of the private guard systems can fill in a vacuum of the shortage of the police power, Therefore, we should without delay internationalize our private guard systems expecting the widely opening of the guard service markets in the age of Uruguay Round. To do this, we need to change our ideas for fostering the policy of the private guard from passive defense ideas into positive aggressive ones. Our police should urgently set up a plan to pursue the orientation of vision that we should dispatch our private guards overseas before foreign guards rush into our markets. Accordingly it goes without saying that the private guard group should distinguish their services from the public services initiating their own theory and strategy of private guard services and also readjust themselves between the public duties and the private services with the study of minimizing the reverse function of the private guard systems. The history criminal justice has always shown that the criminal system progressed at the initiative of the civil factor in case its demand and supply do not make both ends meet. Nevertheless, in the process the power of the government never weakens, rather it is built up in general. In conclusion, the necessity of the build-up of the private guard services must duly be acknowledged by the police as well as by the business which has its unique sphere within the criminal justice instead of as the suplemtary services of the simple the police power on the long-term basis. The purpose of the private guard services can be largely classified into the two categories; first it means the function to prevent the crimes against the citizens and secondly to enhance the national interest as an increasing mammoth business with a worldly competition capacity. The police has an absolute responsibility that they should protect the modem public in general from feeling the crisis of the personal threat, tension, anxiety and nervousness. In short, if we develop the complete private guard system to guarantee the societic atmosphere for all citizens, keep the public peace, and protect all citizens' lives and properties, we will sure enjoy a beautiful land, a wholesome society and a happy life in goodharmony of law and order.

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